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Bulletin  94  Law  Serial  4 

DEPARTMENT  OF  THE  INTERIOR 
BUREAU  OF  MINES 

JOSEPH  A.  HOLMES.  Director 


UNITED  STATES  MINING  STATUTES 
ANNOTATED 


BY 


J.  W.  THOMPSON 


PART  II.— MISCELLANEOUS  MINING  SUBJECTS 


WASHINGTON 
GOVERNMENT  PRINTING  OFFICE 

1915 


Bulletin  94 


Law  Serial  4 


DEPARTMENT  OF  THE  INTERIOR 
BUREAU   OF  MINES 

JOSEPH  A.  HOLMES,  Director 


UNITED  STATES  MINING  STATUTES 
ANNOTATED  /^^^^ 

UN{V|-:RSfTY  OF  HlJNOiS  Lir..^Ai?r 

SFP  2  8  1915 

BY 

J.  W.  THOMPSON 


Part  H.— MISCELLANEOUS  MINING  SUBJECTS 


WASHINGTON 
GOVERNMENT  PRINTING  OFFICE  If, 
1915 


The  Bureau  of  Mines  in  carrying  out  one  of  the  provisions  of  its  organic  act — to 
disseminate  information  concerning  investigations  made — prints  a  limited  free  edition 
of  each  of  its  publications. 

When  this  edition  is  exhausted  copies  may  be  obtained  at  cost  price  only  through 
the  Superintendent  of  Documents,  Government  Printing  Office,  Washington,  D.  C. 

The  Superintendent  of  Documents  is  not  an  official  of  the  Bureau  of  Mines.  His  is 
an  entirely  separate  office  and  he  should  be  addressed : 

Superintendent  op  Documents, 

Government  Printing  Office, 

Washington,  D.  0. 

The  general  law  under  which  publications  are  distributed  prohibits  the  giving  of 
more  than  one  copy  of  a  publication  to  one  person.  The  cost  of  this  publication  is 
$2.50  per  set.  Cloth. 


NOTE. 

This  report  consists  of  two  parts: 

PART  I. 

Preface;  explanation  of  entire  report;  a  complete  table  of  contents,  and  sections  of 
the  Revised  Statutes  and  Statutes  at  Large  relating  to  metalliferous  and  coal  mining, 
with  annotations.    Pp.  1-860. 

PART  n. 

Table  of  contents  of  Part  II ;  Statutes  at  Large  and  sections  of  Revised  Statutes  relating 
to  miscellaneous  mining  subjects,  with  annotations;  a  list  of  abbreviations;  a  list  of 
sections  of  Revised  Statutes;  a  list  of  Statutes  at  Large;  a  list  of  the  sections  of  Revised 
Statutes  cited;  a  list  of  the  Statutes  at  Large  cited;  a  table  of  all  cases  cited,  and  a 
word  index.  Pp.  861-1772. 
n 


First  edition,  1915. 


^  r 


PAET  II. 

MISCELLANEOUS  MINrSG  SUBJECTS.  PAGE  861. 


Alaska  compiled  laws   861 

Bankruptcj'   914 

Bureau  of  Mines   916 

Census   931 

Debris  deposits   933 

Desert  lands   946 

Indian  lands   952 

Land  Department   1038 

Lead  mines   1039 

Oil  and  phosphate  lands   1043 

Philippine  Islands  mmiTig  act   1053 

Pipe  lines — ^R^ulations — Rights  of  way   1068 

Private  land  claims   1074 

Public  and  mineral  lands — ^Miscellaneous   1080 

Railroad  grants   1099 

Reservations   1159 

Rights  of  way   1188 

Salines  and  salt  springs   1194 

Settlers' relief  acts   1215 

Sherman  antitrust  act — Coal  companies   1235 

Soldiers'  additional  homestead  rights   1237 

State  and  public  grants   1239 

Stone  lands   130S 

Timber  cutting  for  miniTig  purposes   1334 

Town-site  sections  and  acts   1354 

Tunnel  acts   13S3 

Withdrawals  of  public  lands   13SS 

ALA.SKA  COMPrLZD  LAWS. 

General  mining  provisions   861 

Miscellaneous  mining  pro%'isions   898 

Sections  2594.  29.  40   861 

Sections  42.  46.  47   862 

Alaf=ka  right-of-way  act   863 

Enect  and  authority-  of  Land  Department   863 

Reservations  along  shore  for  highways   863 

Adverse  claims   864 

Actions  to  quiet  title — Homestead  and  mineral  claimants   864 

39  Stat.  305.  March  12.  1914  (PubUc  Xo.  69.  Sixty-third  Congress)   864 

Alaska  railroad  act   864 

Sections  85,  86,  88.  90.  92    867 

Sections  92^,  92|.  92f   868 

Sections  98,  100,  101   869 

Homestead  and  mineral  claimants — Character  of  land  determined  by 

land  office   870 

Sections  107,  124   S70 


m 


336727 


rV  CONTENTS. 

Miscellaneous  mining  provisions — Continued.  Page. 

Sections  128^',  129    871 

Alaska  government  act   872 

Mineral  laws  extended  to  Alaska   872 

Water-right  laws  extended  to  Alaska   872 

Laws  of  Oregon  extended  to  Alaska — Effect   873 

Department  regulations — Effect  in  Alaska   873 

Purpose  of  act  as  to  mining  claims    873 

Effect  on  title  and  possession  of  mining  claims   874 

Location  certificate  admissible  in  evidence   874 

Lands  above  high  tide  open  to  location   874 

Tide  lands  not  open  to  location   874 

Roadways  on  water  fronts — Application  to  mineral  lands  and  mill 

sites   874 

Sections  129a,  1296,  129c,  I29d,  I29e   875 

Placer  claims — Alaska   875 

Locations  must  comply  with  this  act   875 

Excessive  area — Invalidity   876 

Number  located  each  month   876 

Locations  by  agents— Authority  and  power   876 

Application  for  patent — Form  and  sufficiency   876 

Number  of  claims  included  in  application   876 

Surveyor  general — Duties  to  survey   876 

Amount  of  annual  expenditures — Time  of  performance   877 

Sections  130-161   877 

Withdrawal  of  coal  lands  in  Alaska   878 

Section  162   878 

Alaska  mining  claims   879 

Annual  assessment  work   879 

Affidavit  as  to  assessment  work   879 

Sections  163,  164   879 

Sections  165,  166   880 

Sections  167,  168,  169,  170,  171   881 

Sections  172,  173   882 

Section  174   883 

Alaska  Civil  Code   883 

Mineral  lands — Judicial  notice   883 

Corporations — Pipe  lines — Appropriation  of  land   883 

Lien  on  mine   884 

Right  of  laborer   884 

Recovery — Attorney's  fees  and  expenses   884 

Enforcing  lien  against  mine— Pleading   884 

Section  175   884 

Sections  176-187   885 

Sections  188,  189,  190  ,   886 

31  Stat.  658— June  6, 1900   887 

Coal-land  laws — Alaska   887 

23  Stat.  24,  p.  26— May  17, 1884   887 

Coal-land  laws — Alaska   887 

Extension  to  Alaska — Construction   887 

Application  to  unsurveyed  lands  in  Alaska.  .■   888 

Number  of  entries  by  one  entry  man   889 

Persons  in  possession  of  coal  mines — Right  to  enter  land   889 

Locations  of  coal  lands — Qualifications  of  locators.  -  -  -  .   890 

Notice  of  coal  location — ^Time  of  filing  


CONTENTS.  V 

Miscellaneous  mining  provisions — Continued.  Page. 

Sections  191-19C   890 

Sections  197,  198   890 

Sections  199,  200   891 

Alaska  coal  deposits   891 

Construction  and  application  of  act   891 

Development  and  relief — Purpose  of  act   892 

Consolidation  of  coal  claims — ^When  permitted   892 

Agreement  to  consolidate  claims  illegal   892 

Sections  201,  202,  203   892 

39  Stat.  741  (Public  216,  October  20,  1914,  Sixty-third  Congress)   892 

Leasing  of  coal  lands   892 

Miscellaneous  provisions   898 

Sections  214,  220,  228,  330   898 

Section  349   899 

Mining  claims — Location  notice — Filing  for  record   899 

Section  379   900 

23  Stat.  24,  May  17,  1884   900 

Alaska  civil  government  act   900 

Section  380   901 

Miners'  regulations — Validity   901 

Sections  416,  425,  633   902 

Sections  691,  692   903 

Sections  693,  694,  695  1   904 

Sections  696,  697,  698,  699   905 

Sections  700,  701,  702   906 

Sections  703,  704,  798,  836   907 

Recovery  of  possession  of  mining  claim   908 

Time  of  beginning  action   908 

Possession  of  mining  claim  for  10  years — Effect  and  rights   908 

Section  867   908 

Survival  of  action  to  determine  adverse  mining  claim   908 

Section  1133   908 

Action  to  maintain  possessory  right  to  mining  claim   909 

Sections  1184,  1307,  1946,  1955   909 

Section  2569   910 

29  Stat.  618,  March  2,  1897   910 

Aliens  acquiring  mining  claims   910 

Aliens  may  locate  mining  claims  in  Alaska   910 

37  Stat.  417,  p.  456,  August  24,  1910   911 

Mineral  lands — Survey   911 

Proclamations  by  the  President  911,  912 

Sections  234,  235   911 

Sections  236,  237   912 

BANKRUPTCY. 

30  Stat.  544,  p.  547,  July  1, 1898   914 

Bankrupts   914 

Mining  corporations — Bankruptcy   914 

32  Stat.  797,  February  5,  1903   914 

Bankrupt  law — Mining  companies   914 

Bankrupt  act   914 

Application  to  mining  companies   915 

"Mining" — Meaning  as  used  in  this  act   915 

Mining  and  quarrying — Distinction   915 

Mining — Workings  above  and  below  ground   915 

Acts  of  bankruptcy   915 


VI  CONTENTS. 

BUREAU  OF  MINES.  Page, 

36  Stat.  369,  May  16, 1910   916 

Organic  act   916 

Bureau  of  Mines — Organic  act   917 

Purchase  of  land  for  mine  rescue  cars   917 

37  Stat.  681,  February  25, 1913   917 

Amended  organic  act   917 

35  Stat.  556,  May  30, 1908   918 

Compensation  for  injured  employees   918 

37  Stat.  74,  March  11,  1912   920 

Injured  employees  of  Bureau  of  Mines   920 

36  Stat.  676,  p.  699,  June  25,  1910   920 

Public  buildings   920 

36  Stat.  703,  p.  742,  June  25,  1910   921 

Appropriations   921 

Bureau  of  Mines — Leases  for  mine  rescue  work   922 

36  Stat.  1363,  p.  1418,  March  3,  1911   922 

Appropriations   922 

37  Stat.  417  p.  458,  August  24, 1912   923 

Appropriations   923 

37  Stat.  595,  p.  609,  August  26, 1912   924 

Appropriations   924 

37  Stat.  866,  p.  886,  March  4, 1913.   924 

Pittsburgh  Station  \   924 

39  Stat.  251,  December  22, 1913  (Public  No.  42,  Sixty-third  Congress)   926 

Pittsburgh  station — Amendment   926 

38  Stat.  4,  p.  48,  June  23, 1913   927 

Appropriations   927 

39  Stat.  609,  p.  646,  August  1,  1914  (Public  No.  161,  Sixty-third  Congress)....  928 

Appropriations   928 

39  Stat.  510,  July  17,  1914  (Public  No.  130,  Sixty-third  Congress)   930 

Mine  rescue  station — ^McAlester,  Okla   930 

CENSUS. 

36  Stat.  1,  p.  4,  July  2, 1909   931 

Mineral  schedules   931 

36  Stat.  227,  February  25, 1910   931 

Census  reports — Amendment   931 

DEBRIS  DEPOSITS. 

24  Stat.  310,  p.  329,  August  5, 1886   933 

Mines  an  d  stamp  works   933 

25  Stat.  498,  October  1,  1888   933 

Debris-deposits  commission — California   933 

27  Stat.  393,  February  25, 1892  

Debris  deposits — California   933 

27  Stat.  507,  March  1, 1893   934 

California  Debris  Commission — Hydraulic  mining   934 

Mining-debris  act   940 

Purpose  of  act   940 

Power  of  Congress  over  mining  operations   941 

Jurisdiction  of  commission   941 

Duty  of  commission   941 

Hydraulic  mining   941 

Prohibited  when  injurious  to  streams   941 

Permit  from  commission  necessary   942 

Conditions  on  which  permits  granted — Procedure   942 


CONTENTS.  VII 

27  Stat.  507,  March  1,  1893— Continued. 

California  D6bris  Commission — Ilydraulic  mining — Continued.  Page. 

State  courts   943 

Jurisdiction  to  prevent  injury  from  hydraulic  mining   943 

Injuries  from  hydraulic  mining — Injunction   943 

34  Stat.  1001,  February  27,  1907   944 

California  Debris  Commission — Amendment   944 

30  Stat.  1121,  p.  1152,  March  3,  1899   944 

Depositing  refuse  in  navigable  waters   944 

DESERT  LANDS. 

19  Stat.  377,  chap.  107,  March  3,  1877   946 

Water  rights   946 

Surface  water — Appropriation  for  mining,  etc   947 

26  Stat.  1095,  p.  1096,  March  3,  1891   947 

Amendment   947 

28  Stat.  372,  p.  422,  August  18,  1894   948 

Carey  Act   948 

Desert-land  act   950 

Coal  lands  not  subject  to  patent   950 

Mineral  character  of  land — Determination   950 

State  lands  must  be  nonmineral   950 

29  Stat.  413,  p.  434,  June  11,  1896   950 

Lien  of  State  for  cost  of  reclamation  •   950 

Mineral  lands  not  subject  to  lien  for  reclamation  expenses   951 

INDIAN  LANDS. 

Minerals — Reservations — Allotments — Classification ,  etc   952 

13  Stat.  673,  October  7,  1863   952 

Treaty — Mining  rights  reserved   952 

13  Stat.  681,  October  12,  1863   952 

Treaty — Mining  rights  reserved   952 

14  Stat.  799,  p.  804,  July  19,  1866    952 

Treaty   952 

Indians — Cherokees   953 

Right  to  buy  complete — Transfer   953 

15  Stat.  619,  March  2,  1868   953 

Treaty   953 

Indian  lands   954 

Effect  to  exclude  mining  prospectors   954 

Mining  locations  after  withdrawal — Priority   954 

15  Stat.  635,  April  29,  1868   954 

Black  Hills — Sioux  treaty   954 

18  Stat.  36,  April  29,  1874   955 

Ute  Nations   955 

Indian  lands — ^Withdrawal   956 

19  Stat.  176,  p.  192,  August  15,  1876   956 

Black  Hills  withdrawal   956 

Indian  lands   957 

Withdrawal  of  Black  Hills   957 

Protection  to  mineral  claimants   957 

Rights  of  mineral  claimants — Compliance  with  laws   957 

39  Stat.  704,  August  22,  1914  (Public  No.  182,  Sixty-third  Congress)   958 

Quinaielt  Reservation — Minerals  reserved  in  lighthouse  grant   958 


VIII  CONTENTS. 

Minerals — Reservations — Allotments — Classification,  etc. — Continued .  Page. 

19  Stat.  254,  February  28,  1877   958 

Sioux  Nation — Black  Hills   958 

21  Stat.  199,  p.  203,  June  15,1880   959 

Ute  Tribe — Colorado  lands   959 

25  Stat.  35,  February  18,  1888   960 

Railroad  through  Indian  Territory   960 

25  Stat.  668,  February  13, 1889    960 

Amendment   960 

25  Stat.  113,  p.  133,  May  1,  1888    961 

Montana  Indians   961 

Indians  lands   961 

Mode  of  disposal   961 

Railroad — Indemnity  selections   961 

Location — Soldiers'  additional  rights   962 

36  Stat.  1080,  March  3,  1911   962 

Amendment   962 

Amendment — Effect  on  soldiers'  additional  rights   962 

25  Stat.  157,  May  24,  1888    962 

Lands  restored  to  public  domain.   962 

25  Stat.  980,  p.  1002,  March  2,  1889    963 

Coeur  de'Alene  Tribe — Minerals   963 

Indian  lands   964 

Release  by  Coeur  de'Alene  Tribe   964 

25  Stat.  1013,  p.  1015,  March  2,  1889   964 

Peorias  and  Miamis   964. 

26  Stat.  81 ,  p.  95,  May  2,  1890    964 

Oklahoma  government   964 

Indian  lands   965 

Attachment  of  improvements  prohibited   965 

26  Stat.  712,  January  12,  1891    965 

Mineral  lands  excepted   965 

Selection  by  commissioners — Mineral  lands  excluded   966 

27  Stat.  62,  July  1,  1892    966 

Colville  Reservation   966 

Indian  lands — Colville  Reservation   967 

Effect  of  act  opening  Colville  Reservation   967 

Preemption  entry — Application  to  preference  rights   967 

Selection  by  Indians — ^IVIineral  lands  exempted   967 

Mining  claims — Right  to  locate  on  reservation   968 

Colville  Reservation  not  subject  to  mineral  laws   968 

Opening  of  Colville  Reservation— Proclamation  necessary   968 

28  Stat.  9,  February  20,  1896   969 

Colville  Reservation   969 

Mining  laws  extended  to  Indian  lands   969 

Proclamation  of  President   969 

30  Stat.  571,  p.  593,  July  1,  1898    969 

Mineral  entry — Colville  Reservation   969 

34  Stat.  80,  March  22,  1906    970 

Sale  of  unallotted  lands — Colville  Reservation   970 

Indian  lands — Colville  Reservation   971 

Report  of  commissioners  show  minerals   971 

27  Stat.  120,  p.  126,  July  13,  1892    971 

Mining  claims  on  Indian  lands.  -   971 


CONTENTS.  IX 

Minerals — Reservations — Allotments — Classification ,  etc . — Continued .  Page. 

27  Stat.  G12,  p.  040,  March  3,  1893    971 

Salines  reserved   971 

Indian  lands— Salines  excepted   972 

Indian  allottees — Power  of  alienation  :   972 

30  Stat.  1779,  July  27,  1898   972 

Proclamation — Cherokee  outlet   972 

Salines  in  Cherokee  outlet — Restored  to  public  domain   973 

28  Stat.  1222,  p.  1227,  August  19,  1893    973 

Proclamation — Salines  reserved   973 

29  Stat.  321,  pp.  353,  357,  360,  June  10,  1896    973 

Occupation  and  purchase   973 

Indian  lands  surrendered — Location  of  mining  claims   974 

31  Stat.  952,  March  2,  1901   974 

Sale  under  mining  laws   974 

31  Stat.  1093,  March  3,  1901    975 

Disposition  of  mineral  lands   975 

Act  applies  to  mineral  and  homestead  claimants   975 

Proclamation  opening  settlement   975 

32  Stat.  744,  June  19,  1902    976 

Spokane  Reservation   976 

32  Stat.  982,  p.  998,  March  3,  1903    976 

Mining  claims — Utah   976 

33  Stat.  151,  March  25,  1904   977 

Patents  validated   977 

33  Stat.  302,  p.  303,  April  23,  1904    977 

Survey  and  allotment   977 

33  Stat.  352,  p.  360,  April  27,  1904    978 

Minerals  under  town  sites   978 

33  Stat.  595,  pp.  596,  597,  December  21,  1904   978 

Mineral  lands — Disposal   978 

33  Stat.  1016,  p.  1020,  March  3,  1905    979 

Sale  of  mineral  lands   979 

Indian  lands  ceded — ^Wind  River   980 

Lands  opened  by  proclamation   980 

Sixty-day  period  for  entering  land — Computation  .    980 

35  Stat.  650,  February  25,  1909    980 

Sale  of  mineral  lands — Amendment   980 

34  Stat.  1015,  p.  1036,  March  1,  1907    980 

Mineral  lands — Classification   980 

34  Stat.  3208,  June  2,  1906   981 

Proclamation — Shoshone  or  Wind  River  Reservation   981 

Proclamation  opening  ceded  lands   982 

Settlement  prohibited — Location  of  mining  claims   982 

Mineral  location— Payment  to  preserve  rights   982 

35  Stat.  460,  p.  462,  May  29,  1908   983 

Cheyenne  and  Standing  Rock — Classification   983 

35  Stat.  465,  p.  467,  May  29,  1908    983 

Mining  laws  extended   983 

35  Stat.  558,  p.  561,  May  30,  1908   984 

Fort  Peck  lands  opened — Minerals  reserved   984 

36  Stat.  440,  May  27,  1910   985 

Sale  of  surplus — Pine  Ridge   985 


X  CONTENTS. 

Minerals— Reservations— Allotments— Classification,  etc.— Continued.  Page. 

36  Stat.  448,  p.  450,  May  30,  1910   986 

Sale  of  surplus — Rosebud   986 

36  Stat.  1058,  pp.  1064,  1075,  March  3,  1911   987 

Fort  Hall  Reservation — Stone  quarries  reserved   987 

37  Stat.  86,  April  18,  1912  " .  988 

Mineral  rights  and  royalties   988 

Coal,  oil,  and  asphaltum  lands — Leases   989 

22  Stat.  178,  July  28,  1882  "  . .  989 

Lands  made  public — Ute  Indians   989 

Coal  lands — Unlawful  entry  protected   989 

Price  of  coal  lands   99O 

Failure  to  comply  with  statute — Effect   99O 

22  Stat.  582,  p.  590,  March  3,  1883    99O 

Proceeds  of  sales  of  coal,  etc   99O 

25  Stat.  783,  p.  784,  March  1,  1889    99I 

Mining  leases   99I 

Courts  in  Indian  Territory   99I 

Jurisdiction — Coal  leases   99 1 

Coal  lease — Power  of  Indian  nation  to  execute   99I 

26  Stat.  640,  p.  642,  October  1,  1890    992 

Coal  leases — Choctaw  Nation   992 

26  Stat.  794,  p.  795,  February  28,  1891    993 

Lease  of  allotments — Amendment   993 

Oil  lease  by  Osage  Nation  to  Foster   993 

Rights  of  assignee   993 

Construction — "  Cultivated  in  closures  "   993 

26  Stat.  989,  pp.  1026,  1031,  March  3,  1891    994 

Leases   994 

School  lands — Leasing   995 

27  Stat.  470,  February  20,  1893    995 

Gas  and  oil  lease — New  York   995 

28  Stat.  286,  pp.  305,  326,  332,  August  15,  1894   996 

Minerals  reserved   996 

Indian  lands   997 

Act  limited  to  specific  lands   997 

Disposal  of  mineral  lands — Exclusiveness  of  act   998 

Reservation  of  minerals   998 

Mineral  laws  not  operative  within  reservation   998 

Mining  claims  located  within  reservation— Validity   998 

28  Stat.  677,  p.  678,  February  20,  1895    998 

Coal  lands  withdrawn   998 

Indian  lands — Coal  lands  withdrawn   999 

28  Stat.  876,  pp.  894,  899,  900,  March  2,  1895    999 

Cession  of  mineral  lands   999 

Mining  laws  extended  to  lands  ceded  by  Indians   1000 

Indian  allottees   1000 

Alienation  restricted — Oil  and  gas  leases   1000 

30  Stat.  62,  pp.  85,  87,  June  7,  1897    1001 

Leases  for  mining   1001 

Indian  lands — Lease  for  mining  purposes   1002 

Limitation  on  power  of  Indians  to  lease   1002 

Indians  may  lease  lands  for  mining  subject  to  approval   1002 


CONTENTS.  XI 

Coal,  oil,  and  asphaltum  lands — LeasCiS — Continued. 
30  Stat.  62,  pp.  85,  87,  June  7,  1897— (^ontimied. 
Leases  for  mining — Continued. 

Indian  lands — Lease  for  mining  })urposes — Continued .  Page. 

Overlapping  leases — Validity   1002 

Assignment  of  royalties   1003 

Lease  for  mining  purposes — Minerals  excepted   1003 

Right  of  Government  to  sue  to  cancel  lease   1003 

Failure  to  acknowledge  lease — Effect   1003 

30  Stat.  495,  pp.  497,  498,  499,  501,  June  28, 1898   1003 

Leasing  by  allottees   1003 

Indian  lands — Leasing  by  allottees   1008 

Leasing  to  white  persons  recognized   1008 

Statute  operates  prospectively  only   1008 

Minerals  reserved  to  tribes   1008 

Secretary's  exclusive  power  over  minerals   1009 

Royalties  unlawful  unless  made  or  paid  as  provided   1009 

Mining  leases   1009 

Authorized  under  regulations   1009 

Diligence  in  development  implied   1009 

Acreage  and  term   1009 

31  Stat.  848,  p.  861,  March  1, 1901   1010 

Coal  and  oil  rights   1010 

32  Stat.  245,  pp.  263,  266,  May  27, 1902   1010 

Mining  leases  protected   1010 

Indian  lands   1011 

Operation  of  act  postponed   1011 

Time  for  opening  unallotted  lands   1011 

Preferential  rights  to  lease  holders   1011 

Raven  Mining  Co. — Title  to  mining  claims   1011 

32  Stat.  500,  p.  504,  June  30, 1902   1011 

Lease   1011 

Indian  lands   1012 

Oil  and  gas  lease — Execution  and  effect — ^Record   1012 

32  Stat.  641,  p.  642,  July  1, 1902   1013 

Appraisement — Minerals — Choctaw  and  Chickasaw   1013 

32  Stat.  716,  p.  726,  July  1, 1902   1015 

Leasing   1015 

Indian  lands — Leasing  act   1015 

Power  of  Secretary  as  to  oil  and  gas  leases   1015 

Limitations  on  power  of  Indian  allottee  to  lease   1016 

Term  of  Indian  lease  with  Secretary's  approval   1016 

Oil  and  gas  lease — Nature  and  effect   1016 

Lease  to  explore  as  a  license   1016 

Subletting  or  transfer  of  lease  prohibited   1017 

Lease  by  minor — Validity — Approval  by  Secretary — Effect. .  1017 

Fraudulent  contract  relating  to  lease  not  enforced   1018 

33  Stat.  189,  p.  208,  April  21 , 1904   1018 

Coal  and  asphalt  leases   1018 

Alienation  by  Indian  allottees   1019 

Restrictions  on  alienation  by  allottees  removed   1019 

Oil  leases  subject  to  Secretary's  approval   1019 

33  Stat.  544,  April  28, 1904   1020 

Coal  and  asphalt   1020 


XII  CONTENTS. 

Coal,  oil,  and  asphaltum  lands — Leases — Continued.  Page. 

33  Stat.  1048,  p.  1061,  March  3, 1905   ]021 

Oil  leases   1021 

Osage  Indian  reservation   1022 

Foster  oil  lease  extended   1022 

Raven  Mining  Co.' s  locations   1022 

Compliance  with  statute   1022 

Indian  lands — Uintah  reservation   1023 

Mineral  lands  previously  disposed  of  excepted   1023 

34  Stat.  137,  pp.  141,  142,  April  26,  1906   1023 

Sale  of  mining  leases   1023 

Indian  lands — Oil  lease   1024 

Right  of  United  States  to  sue  on  bond-securing  lease   1024 

Payments  to  be  made  to  Indian  agent   1024 

Lease  of  minor  approved  by  court — Effect   1025 

34  Stat.  325,  p.  336,  June  21,  1906   1025 

Mining  laws  extended — Coal  lands   1025 

34  Stat.  539,  p.  542,  June  28,  1906   1026 

Oil  lands— Osage   1026 

Osage  Indian  allotments   1026 

Allotments  inalienable  for  certain  period   1026 

Minerals  inalienable   1026 

85  Stat.  312,  p.  313,  May  27, 1908   1027 

Oil,  gas,  and  mineral   1027 

Five  Civilized  Tribes   1027 

Power  of  alienation  granted   1027 

Lease  as  method  of  alienation   1028 

35  Stat.  444,  p.  446,  May  29,  1908   1028 

Coal  and  asphalt  in  town  sites   1028 

35  Stat.  778,  March  3,  1909   1028 

Oil,  gas,  and  minerals,  Osage   1028 

35  Stat.  781,  p.  783  March  3,  1909   1028 

Lease  of  mineral  lands — Osage   1028 

36  Stat.  455,  p.  456,  June  1,  1910   1029 

Classification  and  disposal — Fort  Berthold  Reservation   1029 

39  Stat.  681,  August  3, 1914   1030 

Coal  deposits — Fort  Berthold  Reservation   1030 

37  Stat.  631,  April  3,  1912   1031 

Coal  deposits  reserved — Fort  Berthold  Reservation   1031 

37  Stat.  67,  February  19,  1912   1032 

Coal  and  asphaltum — Sale  of  surface   1032 

37  Stat.  518,  p.  534,  August  24,  1912   1035 

Coal  and  asphaltum  lands — Sale  of  surface   1035 

37  Stat.  78,  April  5,  1912   1035 

Coal  leases — Choctaw  and  Chickasaw  Nations   1035 

37  Stat.  518,  p.  531,  August  24,  1912   1036 

Improvements  on  coal  lands   1036 

LAND  DEPARTMENT. 

9  Stat.  395,  March  3, 1849   1038 

Department  of  the  Interior — Supervision  of  minerals  transferred  to   1038 

31  Stat.  960,  p.  1003,  March  3,  1901   1038 

Mineral  surveyors — Stationery   1038 

Payment  of  expenses  of  plats  and  field  notes   1038 


CONTENTS.  XIII 

LEAD  MINES.  Page. 

3  Stat.  332,  April  29,  1816   1039 

Lead  mines  and  salines — Illinois,  Michigan,  and  Missouri   1039 

4  Stat.  364,  March  3,  1829   1039 

Reserved  lead  mines — Sale — Missouri   1039 

Lead  mines — Disposal   1040 

Salt  springs — Disposal   1040 

Leasing  salines  and  lead  mines   1040 

4  Stat.  686,  June  26,  1834   1040 

Sale  of  lead  mines — Illinois  and  Missouri   1040 

Construction — President's  power  to  sell  lead  mines   1041 

Lead  mines — Sale  unauthorized   1041 

9  Stat.  37,  July  11,  1846   1041 

Sale  of  lead  mines — Arkansas,  Illinois,  Iowa,  and  Wisconsin   1041 

OIL  AND  PHOSPHATE  LANDS. 

29  Stat.  526,  February  11,  1897   1043 

Oil  lands — Location  as  placer  claims   1043 

Oil  lands   1043 

Oil  lands  located  as  placer  claims   1043 

Location  of  oil  claims   1044 

Lands  chiefly  valuable  for  oil   1044 

Discovery — What  constitutes   1044 

Discovery — Insuflficiency   1045 

Asphaltum  located  as  oil  claim   1046 

Existing  locations  approved   1046 

Priority  of  location — Protection   1047 

First  locator  not  a  discoverer — Knowledge  necessary   1047 

Acreage — One  discovery   1047 

Contest  with  homestead  claimant   1047 

Hearing  to  determine  character  of  land   1048 

32  Stat.  825,  February  12,  1903   1048 

Oil  mining  claims — Assessment  work   1048 

36  Stat.  1015,  March  2,  1911   1048 

Oil  and  gas  lands — Locators  protected   1048 

Oil  and  gas  lands   1048 

Defective  title  cured  and  transfers  protected   1048 

39  Stat.  708,  August  25,  1914   1049 

Oil  and  gas  lands — Locators  protected — Amendment   1049 

37  Stat.  496,  August  24,  1912    1049 

Agricultural  entries — Oil  and  gas  reserved   1049 

37  Stat.  687,  February  27,  1913   1050 

Oil  and  phosphate  lands — Selection  by  Idaho   1050 

39  Stat.  509,  July  17,  1914   1051 

Oil  and  phosphate  lands — Agricultural  entry   1051 

PHILIPPINE  ISLANDS  MINING  ACT. 

31  Stat.  895-910,  March  2,  1901   1053 

Philippine  Islands — Mining  rights   1053 

Unoccupied  ground — Adverse  claim   1053 

32  Stat.  697-710,  July  1,  1902  (original  act);  33  Stat.  689,  p.  692,  February  6, 

1905  (amendment)   1053, 1066 

Mining  rights  and  claims   1053 

Native  operation  of  Philippine  lands  respected   1067 

Limitations  of  section  22   1067 

Mining  claim  located  on  existing  claim — Effect   1067 

Occupation  of  mining  claim  for  period  of  statute  of  limitations   1067 


XIV 


CONTENTS. 


Page. 


34  Stat.  23,  February  26, 1906   1067 

Coal  claims — Purchase   1067 

PIPE  LINES — REGULATIONS — RIGHT  OF  WAY. 

25  Stat.  438,  August  13, 1888    1068 

Oil,  gas,  and  salt  water   1068 

29  Stat.  127,  May  21,  1896   1068 

Right  of  way — Colorado  and  Wyoming   1068 

33  Stat.  65,  March  11,  1904   1069 

Right  of  way — Grant  by  Secretary   1069 

Congress  may  empower  Secretary  to  grant  right  of  way  for  pipe  lines. .  1070 

34  Stat.  584,  June  29,  1906   1070 

Oil  and  gas  lines — Regulations   1070 

Pipe-line  act   1070 

Purpose  of  act   1070 

Construction  and  application  of  amendment   1070 

Transportation  of  oil — Interstate  commerce   1071 

Pipe-line  owners  as  common  carriers — Validity  of  amendment   1071 

Ownership  of  pipe  lines — Nature  and  rights   1072 

Private  pipe-line  owners  unaffected   1072 

36  Stat.  296,  April  12,  1910   1073 

Right  of  way — Oil  and  gas^Arkansas   1073 

PRIVATE-LAND  CLAIMS. 

9  Stat.  631,  March  3,  1851   1074 

California — Commission  to  settle   1074 

Purpose  of  act   1075 

Minerals  passed  to  United  States   1075 

12  Stat.  71,  June  21,  1860   1075 

New  Mexico — Confirmation  of  private  claims   1075 

Private  land  claims   1076 

Purpose  and  extent  of  grant — Mineral  lands   1076 

Baca  heirs  •   1076 

Selection  of  nonmineral  lands   1076 

Time  for  selecting  nonmineral  lands   1077 

Nonmineral  character  of  lands  selected — Burden  of  proof   1077 

Known  mineral  lands  excluded   1077 

Mineral  character  of  lands  once  determined — Effect   1077 

12  Stat.  836,  April  11,  1860   1078 

Porterfield  heirs — Location  of  lands   1078 

Porterfield  scrip — Location   1078 

26  Stat.  854,  p.  860,  March  3,  1891   1078 

Settlement — Mines  and  minerals  excepted   1078 

Purpose  of  act   1078 

Allowance  of  private  land  claims   1078 

Mineral  lands  excepted— Effect   1079 

PUBLIC  AND  MINERAL  LANDS — MISCELLANEOUS. 

Ordinance  of  1785— May  20,  1785   1080 

Mineral  lands — Disposal   1080 

Sale  of  public  lands — Reservation  of  minerals   1080 

2  Stat.  87,  April  16,  1800   1081 

Copper  mines — Indian  title   1081 


CONTENTS.  XV 

9  Stat.  146,  March  1, 1847   1081 

Land  district — Michigan — Sale  of  mineral  lands   1081 

Mineral  lands   1083 

Order  of  sale — Effect  on  mineral  and  school  lands   1083 

Geological  survey  ordered   1083 

Iron  ore — Lands  not  mineral  ,   1083 

Lease  of  mineral  lands — Rights  conferred   1084 

9  Stat.  179,  March  3,  1847   1084 

Land  district — Wisconsin — Mines  and  mineral  lands   1084 

9  Stat.  452,  September  9,  1850   1085 

Enabling  act — California — Public  lands   1085 

Disposal  of  mineral  lands   1086 

9  Stat.  472,  September  26,  1850   1086 

Mineral  lands — Price  reduced — Michigan  and  Wisconsin   1086 

Purpose  and  effect  of  act   1086 

Rights  of  lessees   1087 

9  Stat.  496,  p.  500,  September  27,  1850   1087 

Surveyor  general — Oregon — Salines  and  minerals   1087 

12  Stat.  409,  May  30, 1862   1087 

Public  surveys — Preemption  rights  to  unsurveyed  lands   1087 

Preemption  rights  extended — Mineral  lands  excepted   1088 

12  Stat.  413,  June  2,  1862   1088 

Land  office — Colorado — Preemption  rights   1088 

Mineral  or  inclosed  lands  not  subject  to  preemption   1088 

13  Stat.  440,  p.  441,  February  27,  1865   1089 

Possession — Mining  title — Recovery   1089 

Force  and  effect  of  act   1089 

Common-law  nature  of  act — Possessory  right   1089 

Mining  title — Meaning   1089 

Possessory  action — Paramount  title  of  United  States   1089 

14  Stat.  66,  p.  67,  June  21,  1866   1090 

Homestead  act — Alabama,  Arkansas,  Florida,  Mississippi,  and  Louisiana — 

Mineral  lands  excepted   1090 

14  Stat.  218,  July  23, 1866    1090 

Mineral  lands — Title — California   1090 

State  selections  confirmed   1091 

Mexican  titles  confirmed   1091 

Mexican  grants   1092 

Mineral  lands  excluded   1092 

Mexican  grantees  or  assigns   1092 

Improved  lands  withdrawn  from  preemption   1092 

Proof  to  obtain  title — Absence  of  minerals   1092 

17  Stat.  465,  February  18,  1873   1093 

Coal  and  iron  lands — Method  of  purchase — Michigan,  Minnesota,  and  Wis- 
consin  1093 

Effect  of  act   1093 

Mineral  lands  in  certain  States  excepted   1093 

Codification  of  act  :   1093 

Iron  deposits  excepted   1094 

18  Stat.  371,  pp.  374,  382,  March  3,  1875   1094 

Mineral  statistics — Rancho  Panoche  Grande  lands— Investigation   1094 

Mineral  lands  in  California — Patent   1094 

19  Stat.  102,  p.  121,  July  31,  1876   1094 

Classification  of  public  lands — Coal  lands   1094 


XVI 


CONTENTS. 


Page. 


19  Stat.  344,  p.  348,  March  3,  1877   1094 

Classification  of  public  lands — Coal  lands   1094 

20  Stat.  206,  p.  229,  June  20,  1878   1095 

Classification  of  public  lands — Coal  lands   1095 

20  Stat.  377,  p.  392,  March  3,  1879   1095 

Inspecting  mineral  deposits  and  coal  fields   1095 

34  Stat.  88,  March  27,  1906   1095 

Classifying  public  lands — Alabama   1095 

34  Stat.  89,  March  27,  1906   1096 

Leasing  lands — Colorado   1096 

34  Stat.  313,  June  20,  1906   1096 

Sponges— Mining   1096 

Sponge-mining  act   1097 

Application  of  act  to  sponges  in  tide  waters   1097 

39  Stat.  692,  August  15, 1914   1097 

New  sponge-mining  act   1097 

34  Stat.  517,  Chap.  3554,  June  27,  1906   1098 

Sale  of  isolated  tracts — Nonmineral   1098 

Application  for  isolated  tracts — Showing  as  to  absence  of  mineral   1098 

RAILROAD  GRANTS. 

Mineral  lands  excluded   1099 

12  Stat.  489,  p.  492,  July  1,  1862   1099 

Union  Pacific — Mineral  lands  not  included   1099 

Railroad  grant — Union  Pacific   1099 

Construction  and  effect   1100 

Mineral  lands  excepted   1100 

Mining  locations  within  limits   1101 

Mineral  character  of  land   1101 

Extent  and  value   1101 

Known  mineral  character — Meaning   1102 

Hearing  to  determine — Practice   1103 

Determination — Effect — Time  of  making   1103 

Lands  returned  as  mineral — Burden  of  proof   1104 

Nonmineral  lands  pass  under  grant   1104 

List  of  lands  selected — Notice — Burden  of  proof   1105 

Notice — Publication  and  posting   1105 

Right  of  way  over  mineral  lands   1105 

Patent   1106 

Office  and  effect   1106 

Meaning  and  extent  of  excepting  clause   1106 

Subsequent  discovery  of  minerals — Effect  on  title   1106 

Lands  valuable  for  stone   1107 

Conveyance  by  railroad  company — Right  and  title  of  purchaser. .  1107 

13  Stat.  356,  p.  358,  July  2,  1864   1107 

Amendment  to  12  Stat.  489— Union  Pacific   1107 

Construction  of  amended  act   1108 

Railroad  grant — Union  Pacific   1108 

Policy  of  Government  to  exclude  minerals   1108 

Minerals  and  mineral  lands  excepted   1109 

Mining  claims — Exception  and  meaning.   1109 

Minerals  and  improvements  excepted   1109 

Coal  and  iron  lands  not  excepted   1110 

Coal  and  iron  not  included  in  mineral  lands   1110 


CONTENTS.  XVII 

Mineral  lands  excluded — Continued.  Page. 

14  Stat.  79,  July  3,  1866   1110 

Amendment  to  12  Stat.,  489 — Union  Pacific   1110 

Railroad  grant — Kansas   1111 

Mineral  lands  reserved   1111 

13  Stat.  66,  p.  67,  May  5, 1864   1111 

Mineral  lands  reserved   1111 

Railroad  grant — Wisconsin   1111 

Mineral  lands  excluded   1111 

Lands  known  to  contain  mineral — Relief   1112 

Issuance  of  patent — Effect   1112 

Jurisdiction  of  Land  Department — Termination   1112 

13  Stat.  365,  July  2,  1864   1112 

Northern  Pacific — Mineral  lands  excluded   1112 

Railroad  grant — Northern  Pacific   1114 

Policy  of  Government  as  to  mineral  lands   1114 

Nonmineral  lands  only  included   1114 

Mineral  lands  excepted   1114 

"Mineral " — Meaning  and  application — Coal  and  iron   1115 

Stone  and  fire  clay  as  minerals   1116 

Mining  claims  excepted  from  railroad  grant   1116 

Nonmineral  lands  not  excepted  as  mining  claims   1117 

Mineral  character  of  land  !   1118 

Determination — Hearing   1118 

Question  of  fact — Proof   1118 

Jurisdiction  of  Land  Department   1119 

Determination  of  department  conclusive   1119 

Effect  of  return  of  surveyor — Presumption   1120 

Time  of  determination   1121 

Location  of  road   1121 

Open  until  patent  issues   1121 

Extent  and  value  of  minerals   1122 

Settlement  on  coal  land — Effect  and  protection   1122 

Indemnity  lands — Selection  and  location   1123 

Conveyance  by  railroad  company — Right  of  purchaser   1124 

Patent   1124 

Issuance — Effect  of  exceptions   1124 

Cancellation  for  fraud   1125 

30  Stat.  597,  p.  620,  July  1,  1898   1125 

Northern  Pacific — Mineral  lands  reserved   1125 

Railroad  grant — Northern  Pacific   1125 

Purpose  of  act   1125 

Lands  classified  as  mineral  not  selected— Iron  and  coal  lands. .  1126 

Indemnity  selections   1126 

Title  to  selected  lands   1126 

14  Stat.  83,  p.  84,  July  4,  186G   1127 

Iron  Mountain — Mineral  lands  reserved — Coal  and  iron   1127 

Railroad  grant — Iron  Mountain   1128 

Minerals  excepted — Extent   1128 

Application  to  public  lands   1128 

14  Stat.  94,  p.  95,  July  13,  1866   1129 

Placerville  and  Sacramento  Valley — Right  of  way   1129 

56974°— Bull.  94,  pt  2—15  2 


XVIII  CONTENTS. 

Mineral  lands  excluded — Continued.  Page. 

14  Stat.  239,  p.  241,  July  25,  1866   1129 

Central  Pacific — Minerals — Coal  and  iron  not  excepted   1129 

Railroad  grant — Central  Pacific — California  and  Oregon   1130 

Mineral  lands  reserved   1130 

Mineral  character  of  land   1131 

Determination — Hearing  and  adjudication   1131 

Indemnity  land — Selection  and  title   1131 

14  Stat.  292,  p.  295,  July  27, 1866   1131 

Atlantic  and  Pacific — Minerals — Coal  and  iron  not  excepted   1131 

Railroad  grant — Atlantic  and  Pacific — Southern  Pacific   1132 

Nature,  construction  and  effect  of  grant   1133 

Mineral  lands  excepted  from  grant   1133 

Kinds  of  minerals  excepted   1134 

Oil  as  mineral — Lands  excepted   1134 

Indemnity  lands — Minerals  excepted   1134 

Character  of  land — Determination   1135 

Decisions  of  Land  Department  conclusive   1135 

Discovery  of  mineral  before  patent — Effect   1136 

Patent   1136 

Determination  of  character  of  land   1136 

Extent  and  effect  of  excepting  clause   1136 

No  private  entry  after  issue   1137 

Purchaser  from  railroad  company — Title   1137 

Title  of  Southern  Pacific  to  oil  lands — Burke  case   1137 

16  Stat.  382,  June  28,  1870   1138 

Southern  Pacific — Patents   1138 

15  Stat.  187,  July  25,  1868   1139 

Southern  Pacific — Extension  of  time   1139 

Railroad  grant — Southern  Pacific   1139 

Return  of  surveyor  general — Entry  without  notice   1139 

Application  for  patent — Protest — Hearing   1139 

14  Stat.  338,  July  28,  1866   1140 

Arkansas  and  Missouri — Mineral  lands  excepted   1140 

Grant  to  States — Arkansas  and  Missouri   1140 

Mineral  lands  excepted   1140 

14  Stat.  548,  March  2,  1867   1140 

Mineral  lands  excepted — California   1140 

16  Stat.  94,  May  4, 1870     1141 

Oregon  Central — Mineral  lands  excepted   1141 

16  Stat.  573,  p.  576,  March  3, 1871   1141 

Texas  Pacific — Minerals  excepted — Coal  and  iron  not  excepted   1141 

Railroad  grant — Texas  Pacific   1143 

Indemnity  lands — Petroleum  lands  excepted    1143 

16  Stat.  580,  March  3,  1871  -   1143 

South  and  North  Railroad — Mineral  lands  excepted   1143 

17  Stat.  339,  June  8,  1872   1143 

Denver  and  Rio  Grande — Rights  conferred   1143 

Railroad  grant — Denver  and  Rio  Grande   1144 

Mining  claims  subject  to  grant   1144 

24  Stat.  477,  March  3,  1887   1144 

Salt  Lake  and  Fort  Douglas — Rights  conferred   1144 

Desert  lands   1145 


CONTENTS.  XIX 

Mineral  lands  excluded — Continued.  Page. 

24  Stat.  556,  March  3,  1887    1145 

Adjustment  of  grants — Forfeiture  of  unearned  lands   1145 

Railroad  grant — Adjustment   1146 

Application  of  act — Patent  for  mineral  lands   1146 

Mineral  character  of  land — Subsequent  discovery  of  minerals.  - . .  1146 

Application  to  purchase — Showing   1147 

Purchaser  from  railroad  company — Title  to  minerals   1147 

Railroad  lands — Classification   1148 

28  Stat.  683,  February  26,  1895    1148 

Classification  of  mineral  lands — Northern  Pacific   1148 

Railroad  grant — Mineral  lands  classified   1151 

Purpose  of  act — Classification  of  mineral  lands   1151 

Classification  of  railroad  lands  within  certain  limits   1152 

Act  refers  to  mining  laws  in  force  at  time   1152 

Tribunal  for  determining  character  of  land   1152 

Classifications — Matters  considered  by  commissioners   1153 

Lands  classified  as  mineral   1153 

Classification — Effect  as  to  mineral  character   1154 

Selections  of  classified  lands  canceled   1154 

Indemnity  selections — Limits   1155 

Mineral  locations  and  entries  not  suspended   1155 

Protest  against  classification — Effect — Practice   1155 

Classification — Approval   1156 

30  Stat.  11,  37,  June  4,  1897    1156 

Expenses  for  classification  of  mineral  lands   1156 

30  Stat.  1074,  p.  1096,  March  3,  1899   1157 

Completion  of  classification — Time  extended — Expenses   1157 

31  Stat.  588,  p.  615,  June  6,  1900   1157 

Completion  of  classification — Reports  of  commissioners   1157 

Purpose  of  act   1158 

Completion  of  classification   1158 

Selection  of  nonmineral  lands — Application   1158 

Vacant  lands — Meaning   1158 

Jurisdiction  of  Land  Department — Termination   1158 

RESERVATIONS. 

16  Stat.  149,  June  11,  1870    1159 

Hot  Springs  Reservation — Arkansas   1159 

19  Stat.  377,  chap.  108,  March  3,  1877    1159 

Hot  Springs  Reservation — Arkansas — Amendment   1159 

Salines  and  salt  springs   1160 

Hot  Springs  Reservation — Rights  of  lessees  and  claimants.   1160 

23  Stat.  103,  July  5,  1884    1160 

Abandoned  reservations — Disposal   1160 

Mining  claims  in  abandoned  reservations — Disposal   1160 

Stone  lands  locatable  as  placers   1161. 

28  Stat.  664,  February  15,  1895   1161* 

Abandoned  reservations — Disposal — Amendment   1161 

26  Stat.  227,  July  10,  1890   1161 

Military  reservations — Disposal — ^Wyoming   1161 

26  Stat.  478,  September  25,  1890   1162 

Park  lands — California   1162 

26  Stat.  650,  October  1,  1890   1162 

Forest  reservations   1162 

Miner's  right  to  cut  timber  on  reservation   1163 


XX 


CONTENTS. 


Page. 


26  Stat.  747,  February  X3,  1891   1163 

Abandoned  military  reservation — Fort  Ellis — Disposal   1163 

26  Stat.  1095,  p.  1103,  March  3,  1891   1164 

Forest  reservations — President's  power  to  set  aside  public  lands   1164 

30  Stat.  11,  pp.  35,  36,  June  4,  1897   1164 

Forest  reservations — Provisions  governing  establishment   1164 

Forest  reservation  act   1166 

Purpose  and  effect  of  act   1166 

Mineral  lands  restored  to  public  domain   1167 

Right  to  prospect  for  minerals   1167 

Coal  lands  in  forest  reservations — Entry   1167 

Mining  claims  in  reservations  protected   1168 

Improper  use  of  mining  claim  not  permitted   1168 

Selection  of  lieu  lands   1169 

Authority  of  Land  Department   1169 

Authority  of  local  officers   1170 

Effect  and  validity  of  regulations   1170 

Practice   1171 

Lands  subject  to  selection — Conditions   1171 

*  *  Vacant  and  unoccupied  " — Meaning   1173 

Character  determined  at  date  of  selection   1174 

Vested  rights  and  titles  protected   1175 

Mineral  lands  not  selectable   1177 

Lands  located  near  mineral  lands — Effect   1177 

Effect  of  patent  for  lieu  selections   1177 

Mineral  surveyor  can  not  make  selection  ,   1177 

27  Stat.  408,  December  22,  1892   1178 

Abandoned  military  reservations — Disposal — Wyoming   1178 

29  Stat.  11,  February  20,  1896    1178 

Forest  reservations — Opened  to  location  of  mining  claims   1178 

29  Stat.  95,  April  18,  1896   1179 

Military  reservations — Disposal  of  abandoned  portions — Montana   1179 

30  Stat.  993,  p.  994,  March  2,  1899   1179 

Mount  Rainier  National  Park — Mineral  land  laws  extended  to  Park   1179 

Reservation — Mount  Rainier  National  Park  .■   1180 

Exchange  of  lands  rather  than  selections   1180 

Nonmineral  and  unoccupied  surveyed  lands  selectable  only   1180 

Classification  of  lands  by  field  notes  of  survey   1181 

Lands  selected  in  exchange  must  be  nonmineral   1182 

Grant  of  lands  in  exchange  for  lands  "within  the  grant"   1182 

Selection  of  lands  classified  as  mineral — Effect   1183 

Coal  and  iron  lands  as  mineral  unless  excluded   1183 

Lieu  lands  protected  from  subsequent  discovery   1183 

39  Stat.  699,  August  22,  1914   1183 

Glacier  National  Park— Minerals  protected   1183 

31  Stat.  672,  p.  676,  June  6,  1900   1184 

Indian  reservations — Mineral  lands  open  to  location   1184 

Construction  of  act   1185 

Mineral  deposits  on  Indian  allotments   1185 

Mining  laws  extended  to  allotted  lands   1186 

Right  to  prospect  allotments  for  minerals — Limitations   1186 

Time  for  making  mineral  locations  on  allotments   1186 

Mineral  character  of  land — Burden  of  proof   1187 


CONTENTS.  XXI 

Page. 

33  Stat.  243,  April  22,  1904   1187 

Military  reservations — Fort  Walla  Walla — Sale  of  mineral  lands   1187 

34  Stat.  233,  p.  234,  June  11,  1906   1187 

Forest  reservations — Entry  subject  to  mining  laws   1187 

RIGHTS  OP  WAY. 

10  Stat.  28,  August  4,  1852   1188 

Railroads,  plank  roads,  and  turnpikes   1188 

10  Stat.  683,  March  3,  1855   1188 

Railroads,  plank  roads,  and  turnpikes — Amendment   1188 

18  Stat.  482,  March  3,  1875   1188 

Railroads  through  public  lands   1188 

Railroad  grant   1189 

Appropriation  and  selection — Mining  claims   1189 

Mining  claims  subject  to  right  of  way   1189 

26  Stat.  371,  p.  391,  August  30,  1890   1189 

Canals  and  ditches   1189 

Reservoir  sites — Mineral  lands   1190 

26  Stat.  1095,  p.  1101,  March  3,  1891   1190 

Canals  and  ditches   1190 

28  Stat.  635,  January  21,  1895   1190 

Tramroads,  canals,  and  reservoirs   1190 

29  Stat.  40,  p.  42,  March  2,  1896   1190 

Fort  Smith  &  Western  Coal  Railroad   1190 

29  Stat.  120,  May  14,  1896   1191 

Tramroads,  canals,  and  reservoirs — Electric  power   1191 

30  Stat.  910,  p.  911,  February  28,  1899   1191 

Pasadena  &  Mount  Wilson  Railroad — Minerals  reserved   1191 

30  Stat.  1214,  p.  1233,  March  3,  1899   1191 

Forest  reservations — Reservoir  sites — Highways  across   1191 

31  Stat.  790,  February  15,  1901   1192 

Public  lands — Permits  generally   1192 

33  Stat.  628,  February  1,  1905   1192 

Forest  reservations — Municipal  and  mining  purposes   1192 

Rights  of  way  in  forest  reserves   1193 

Limitations  on  use  of  privilege   1193 

Application  of  act  to  mining  property   1193 

SALINES  AND  SALT  SPRINGS. 

1  Stat.  464,  p.  466,  May  18,  1796   1194 

Surveyor  must  note  mines,  salt  licks,  and  salt  springs   1194 

Surveyor's  duties   1194 

Location  of  mines,  salt  springs,  etc.,  on  field  books   1194 

Surveyor's  notation  of  mines — Effect  as  evidence   1195 

Salines  reserved  from  sale   1195 

Salt  springs  reserved  from  sale   1195 

Mineral  locations  qfi  agricultural  lands — Effect   1196 

1  Stat.  490,  June  1,  1796   1196 

Surveys  and  reservations   1196 

2  Stat.  73,  May  10,  1800   1196 

Reserved  from  sale  of  public  lands   1196 

Salt  springs  and  salines   1197 

Reservations  continued   1197 

Leasing  provisions  include  lead  mines  and  salt  springs   1197 

2  Stat.  235,  March  3,  1803   1197 

Working  salt  springs — Wabash  River   1197 


XXII 


CONTENTS. 


Page. 

2  Stat.  445,  March  3,  1807   1197 

Working  salt  springs  and  lead  mines  prohibited — Lease  for  working   1197 

Leasing  lead  mines — Term   1198 

3  Stat.  211,  February  17, 1815   1198 

Lead  mines  and  salt  springs  excepted  from  lieti  lands   1198 

New  Madrid  certificate — Rights  of  holder   1198 

3  Stat.  256,  March  5, 1816   1199 

Bounties  to  Canadian  volunteers   1199 

Salt  springs  and  lead  mines  exempted   1199 

3  Stat.  296,  April  24, 1816   1199 

Lease  of  salines  on  Wabash  River   1199 

4  Stat.  451,  March  2, 1831   1199 

Salt  springs  reserved — Illinois   1199 

4  Stat.  505,  April  20, 1832   1200 

Lease  of  salt  springs — Arkansas   1200 

Salt  springs  in  Arkansas — Leasing   1200 

5  Stat.  453,  September  4, 1841   1200 

Salines  and  mines  excepted  from  preemption  rights   1200 

Construction  and  purpose  of  act   1201 

Mineral  and  saline  laws   1201 

Meaning  and  application   1201 

Reservation   1202 

Salines  excepted  from  sale  or  preemption   1202 

Mineral  springs  not  excepted   1203 

Subsequent  discoveries — Effect   1203 

State  selections — What  constitutes   1203 

5  Stat.  507,  August  16, 1842   1203 

Salines  and  salt  springs  excepted  from  preemption  rights — Iowa   1203 

6  Stat.  161,  April  16, 1816   1204 

Sale  of  salt  springs — Ohio   1204 

6  Stat.  779,  March  3, 1839   1204 

Sale  of  Salt  Lick  Reservation — Tennessee   1204 

9  Stat.  181,  March  3, 1847   1204 

Sale  of  salt  springs — Arkansas,  Illinois,  and  Michigan   1204 

10  Stat.  15,  July  12, 1852   1205 

Sale  of  saline  lands — Indiana   1205 

10  Stat.  308,  July  22,  1854   1205 

Mineral  lands  and  salines  reserved — Kansas,  Nebraska,  and  New  Mexico.  1205 

Construction  and  purpose   1206 

Policy  as  to  minerals  and  salines   1206 

Mineral,  saline,  and  school  lands  excepted   1207 

Mineral  lands  not  subject  to  preemption  or  settlement   1207 

Grant  to  Kansas  and  Nebraska   1207 

Salines  excepted   1207 

Surveyor  general — Duties   1208 

11  Stat.  186,  March  3,  1857   1208 

Sale  of  public  lands — Nebraska — Salines  and  salt  springs  excepted   1208 

Salines  reserved  from  sale   1209 

19  Stat.  221,  January  12,  1877   1209 

Sale  of  saline  lands   1209 

Saline  and  salt  lands   1210 

Construction  of  act   1210 

Provisions  for  disposal   1210 

Policy  of  Government  as  shown  by  act   1211 

Meaning  and  application  of  term   1211 


CONTENTS.  XXm 

19  Stat.  221,  January  12,  1877— Continued. 
Sale  of  Baline  lands — Continued. 

Saline  and  salt  lands — Continued.  Page. 

Proviso  of  act — Application  to  States   1211 

Reservation  from  agricultural  entry   1212 

Sale — Method  and  terms   1212 

Hearing  to  determine   1212 

22  Stat.  349,  August  7,  1882   1212 

Lease  of  salt  deposits — Manufacture  of  salt   1212 

Salines — Lease  for  salt  manufacture   1213 

31  Stat.  745,  January  31,  1901   1213 

Mineral  laws  extended  to  salines  and  salt  springs   1213 

Saline  land  act   1213 

Acquisition  of  salines  under  mining  laws   1213 

Mining  laws  extended  to  salines  and  salt  springs   1214 

Rock  salt — Location  and  effect   1214 

settlers'  relief  acts. 

3  Stat.  260,  March  25,  1816   1215 

Permission  to  work  salt  springs  and  lead  mines   1215 

Working  lead  mines  or  salt  springs  prohibited   1215 

18  Stat.  194,  June  22,  1874    1215 

Railroad  lands — Relief  of  settlers   1215 

Railroad  grants   1216 

Relinquishment — Selection  of  lieu  lands   1216 

Minerals  excluded — Exceptions   1216 

21  Stat.  140,  May  14,  1880   1216 

Preemption,  homestead,  and  timber-culture  entries   1216 

Settlers'  relief  act   1217 

Construction   1217 

Application  of  act   1217 

Rights  conferred   1217 

Preference  right  of  entry   1217 

21  Stat.  237,  June  15,  1880   1218 

Trespass  condoned  by  purchase   1218 

Application  of  act  to  mineral  lands   1218 

Purchase  of  lands  condones  trespass   1218 

21  Stat.  287,  chap.  244,  June  16,  1880   1219 

Cancellation  of  entries — Repayment  of  fees   1219 

Settlers'  relief  act   1219 

Construction  and  application  of  act   1219 

Repayment  in  case  of  erroneous  entry  only   1220 

Who  are  entrymen  entitled  to  relief?   1220 

Assignees  entitled  to  relief   1220 

No  repayment  on  fraudulent  entry   1220 

26  Stat.  662,  October  1,  1890   1221 

Protection  against  phosphate  discoveries   1221 

Purpose  of  act — Settlers  protected   1221 

Phosphate  discoveries — Protection  of  settlers — Burden  of  proof   1221 

26  Stat.  1095,  March  3,  1891   1221 

Repeal  of  timber-culture  and  preemption  laws   1221 

Purpose  and  construction  of  act   1224 

Settlers'  rights  protected   1224 

Mineral  lands  reserved   1225 

Act  not  retroactive   1225 

Repealing  effect   1225 


XXIV 


CONTENTS. 


26  Stat.  1095,  March  3,  1891— Continued. 

Repeal  of  timber-culture  and  preemption  laws — Continued.  Page. 

Application  of  act   1225 

Nonmineral  lands   1225 

Mineral  lands  in  reservations — Entry   1226 

Homestead  settlements   1226 

Showing  as  to  intent  and  use   1226 

Mineral  character  of  land — Determination   1226 

Valid  mining  claim — Failure  to  prospect  or  discover   1227 

Coal  lands — Application  of  act   1227 

Right  to  cut  timber — Uses   1228 

Suits  to  cancel  patents   1228 

Rights  of  way — Easements   1228 

Use  of  canals — Method  of  acquiring   1228 

Reservoir  sites — Selection   1228 

Claims  initiated  under  act   1228 

27  Stat.  390,  August  5,  1892   1229 

Settlements  on  railroad  lands — North  and  South  Dakota   1229 

Lands  subject  to  sale  under  grant   1230 

Indemnity  selections  by  railroad — Consideration   1230 

Return  of  lands  as  mineral  not  a  classification   1230 

33  Stat.  556,  April  28,  1904   ,   1231 

Settlements  on  railroad  lands — New  Mexico   1231 

34  Stat.  1408,  March  4,  1907    1231 

Homesteads  in  Alabama   1231 

Settlers'  relief  act— Withdrawals   1232 

Mineral  lands  not  subject  to  selections   1232 

35  Stat.  48,  March  26,  1908    1233 

Cancellation  of  entries — Repayment  of  money   1233 

Settlers'  relief  act   1233 

Mineral  entries  canceled — Repayment   1233 

35  Stat.  645,  February  24,  1909    1234 

Mineral  surveys — Repayment   1234 

Mineral  surveys — Relief   1234 

Repayment  of  excessive  deposits   1234 

■    Cost  of  mineral  surveys — Ascertainment   1234 

SHERMAN  ANTITRUST  ACT — COAL  COMPANIES. 

26  Stat.  209,  July  2,  1890    1235 

Combinations   1235 

Sherman  Antitrust  Act   1236 

Combinations — Extent  of  act   1236 

Combinations — Right  of  coal  company  to  refuse  to  sell   1236 

soldiers'  ADDITIONAL  HOMESTEAD  RIGHTS. 

17  Stat.  333,  June  8,  1872   1237 

Additional  homestead  rights  to  soldiers   1237 

17  Stat.  605,  March  3,  1873    1238 

Homestead  rights  to  soldiers — Amendment   1238 

Soldiers'  homestead  rights   1238 

Right  to  locate  lands  withdrawn  for  coal  classification   1238 

Coal  character  of  land — Time  of  determination   1238 


CONTENTS.  XXV 

STATE  AND  PUBLIC  GRANTS.  Page. 

State  grants   1239 

2  Stat.  173,  April  30,  1802   1239 

Salines  and  salt  springs  granted  to  Ohio   1239 

Salt  springs  included  in  grant  to  State   1239 

2  Stat.  277,  March  26, 1804   1239 

Salines  and  salt  springs  reserved   1239 

Salt  springs  reserved   1240 

2  Stat.  324,  March  2, 1805   1240 

Salt  springs  and  lead  mines  reserved   1240 

Salt  springs  reserved   1240 

2  Stat.  391,  April  21,  1806   1241 

Salt  springs  reserved   1241 

2  Stat.  440,  March  3, 1807  .*   1241 

Salt  springs  and  lead  mines  reserved   1241 

2  Stat.  617,  February  15,  1811   1241 

Salines  and  salt  springs — Lead  mines — Louisiana   1241 

2  Stat.  662,  March  3, 1811   1242 

Salines  and  salt  springs — Lead  mines — Orleans  and  Louisiana   1242 

Salt  springs  reserved   1242 

2  Stat.  448,  p.  449,  March  3,  1807   1243 

Lead  mines  reserved   1243 

Construction — Territory  same  as  land   1243 

Reservation  of  mines   1243 

Policy   1243 

Lead  mines  reserved   1243 

Value  determined  by  operation   1244 

Lead  mines   1244 

President  authorized  to  lease   1244 

2  Stat.  470,  February  29,  1808   1245 

Disposal  of  saline,  and  salt  springs — Ohio   1245 

3  Stat.  289,  April  19,  1816   1245 

Salines  and  salt  springs  granted  to  Indiana   1245 

Salt  springs  •   1245 

Grant  to  State   1245 

State's  right  to  salt  springs  as  against  patentee   1246 

3  Stat.  428,  April  18,  1818   1246 

Salines  and  salt  springs  granted  to  Illinois   1246 

Salt  springs   1246 

Grant  to  Illinois   1246 

Effect  of  grant   1247 

Extent  of  grant   1247 

3  Stat.  489,  March  2, 1819   1247 

Salines  and  salt  springs  granted  to  Alabama   1247 

State  grants   1247 

Mineral  lands  excepted — Policy   1247 

Lands  granted  with  salt  springs   1248 

Alabama  grant   1248 

Mineral  lands  granted   1248 

Effect  on  coal  lands   1249 

Indemnity  selections  by  Alabama   1249 

23  Stat.  12,  April  23, 1884   1250 

Alabama  University  lands   1250 

Alabama  University  grant   1250 

Right  to  select  mineral  lands   1250 


XXVI 


CONTENTS. 


State  grants — Continued.  Page. 

3  Stat.  545,  March  6, 1820   1251 

Salines  and  salt  springs  granted  to  Missouri   1251 

Salt  springs   1251 

Grant  to  Missouri   1251 

3  Stat.  787,  March  3, 1823   1252 

Salines  and  salt  springs  granted  to  Missouri   1252 

4  Stat.  79,  December  28, 1824   1252 

Sale  of  salines  and  salt  springs — Ohio   1252 

4  Stat.  305,  May  24,  1828   1252 

Sale  of  salines  and  salt  springs — Illinois   1252 

5  Stat.  58,  June  23,  1836   1253 

Salines  and  salt  springs  granted  to  Arkansas   1253 

Salt  springs   1253 

Grant  to  Arkansas   1253 

5  Stat.  59,  June  23, 1836   1253 

Salines  and  salt  springs  granted  to  Michigan   1253 

Salt  springs   1254 

Grant  to  Michigan   1254 

5  Stat.  789,  March  3, 1845   1254 

Salines  and  salt  springs  granted  to  Iowa  and  Florida   1254 

Salt  springs   1255 

Grant  to  Iowa   1255 

Grant  to  Florida   1255 

9  Stat.  56,  August  6,  1846   1255 

Salines  and  salt  springs  granted  to  Wisconsin   1255 

Salt  springs   1256 

Grant  to  Wisconsin   1256 

10  Stat.  5,  May  4, 1852   1256 

Salines  and  salt  springs — Wisconsin   1256 

10  Stat.  7,  May  27, 1852   1256 

Sale  of  salines  and  salt  springs  to  Iowa   1256 

10  Stat.  172,  p.  179,  March  2,  1853   1257 

Mineral  lands  reserved  from  grant  to  Washington   1257 

Grant  to  Washington — Mineral  lands  reserved   1257 

10  Stat.  244,  March  3,  1853   1257 

Mineral  lands  reserved  from  grant  to  California   1257 

Construction  and  application  of  act   1259 

Grant  to  California   1259 

Mineral  lands  reserved   1259 

School  grants   1260 

Mineral  lands  excepted   1260 

Improved  lands  excepted   1260 

Time  of  taking  effect — Sui-vey   1260 

Seminary  purposes — Mineral  lands  excepted   1261 

Selections  for  public  buildings — Mineral  lands  excepted   1261 

Coal  lands  reserved   1261 

Selection  of  lieu  lands— Effect   1262 

Proof  of  mineral  character  of  land   1263 

Subsequent  discovery  of  minerals — Effect   1263 

10  Stat.  346,  August  3,  1854   1263 

Title  vested  in  States   1263 

10  Stat.  597,  December  15, 1854   1264 

Salines  and  salt  springs  granted  to  Wisconsin   1264 


CONTENTS.  XXVII 

State  grants — Continued .  Page. 

11  Stat.  9,  May  15,  1856   1264 

Grant  to  Iowa  in  aid  of  railroads   1264 

General  reservation — Saline  lands  included   1264 

11  Stat.  15,  May  17,  1856   1264 

Grant  to  Alabama  and  Florida  in  aid  of  railroads   1264 

Railroad  grants  in  Alabama  and  Florida   1265 

Minerals  and  phosphates  excepted   1265 

16  Stat.  45,  April  10,  1869   1265 

Grant  to  Alabama  in  aid  of  railroads   1265 

11  Stat.  166,  February  26,  1857   1266 

Salines  and  salt  springs  granted  to  Minnesota   1266 

Grant  to  Minnesota   1266 

Salt  springs  included — Exceptions   1266 

11  Stat.  269,  May  4, 1858   1267 

Salines  and  salt  springs  granted  to  Kansas   1267 

Grant  to  Kansas   1267 

Salines  and  salt  springs   1267 

11  Stat.  383,  February  14, 1859   1267 

Salines  and  salt  springs  granted  to  Oregon   1267 

Grant  to  Oregon   1268 

Salines  and  salt  springs   1268 

Selections  by  State — Time  of  making   1269 

Selection  of  lieu  lands — Proof  of  mineral  character   1269 

12  Stat.  124,  December  17, 1860   1269 

Selection  of  salt  springs — Oregon   1269 

Salt  springs — Time  of  selection   1269 

12  Stat.  126,  January  29, 1861   1270 

Salines  and  salt  springs  granted  to  Kansas   1270 

12  Stat.  503,  July  2, 1862   1270 

Lands  donated  to  States   1270 

13  Stat.  30,  March  21, 1864   1270 

Salines  and  minerals  reserved — Nevada   1270 

Grant  to  Nevada   1271 

Construction — Reservations   1271 

Mineral  lands  reserved   1271 

Salines  not  granted   1271 

School  grants — Indemnity  lands  - 

13  Stat.  47,  April  19, 1864  ,    1272 

Salines  and  salt  springs  gran'   '  _    Nebraska    1272 

Nebraska  enabj^j  purpose  as  to  saline.-   1272 

Const^-n(i  gait  springs  included   1273 

^fed  rights  in  salt  springs — Effect   1273 

,  January  30,1865   1273 

13  Stat^i  lands  reserved  from  State  and  railroad  grants   1273 

■^^ffect  and  application  of  resolution   1273 

Mineral  lands  excepted  from  congressional  grants   1273 

Mineral  lands  in  Nevada   1274 

Railroad  grant — Northern  Pacific   1274 

14  Stat.  43,  May  5, 1866   1274 

Mineral  lands  excepted  and  claims  protected   1274 

Mining  titles  protected   1274 


XXVIII 


CONTENTS. 


State  grants — Continued.  Page. 

14  Stat.  80,  July  3, 1866   1274 

Mineral  lands  reserved  from  grant  in  Michigan   1274 

14  Stat.  81,  July  3,  1866   1275 

Canal  grants — Mineral  lands  reserved   1275 

14  Stat.  85,  July  4,  1866   1275 

Mineral  lands  reserved  from  sale — Nevada   1275 

Mineral  acts  codified   1275 

Reservations  of  mineral  lands   1275 

Nevada  estopped  from  claiming  title  to  mines   1275 

14  Stat.  409,  February  25, 1867    1276 

Wagon-road  grant — Mineral  lands  excepted — Oregon.   1276 

15  Stat.  67,  p.  68,  oh.  55,  June  8, 1868   1276 

College  grant — Mineral  lands  excepted — Nevada   1276 

16  Stat.  5  81,  March  3, 1871   1276 

College  grant — Mineral  lands  excepted — California  and  Nevada   1276 

State  grant — Nevada   1277 

Mineral  lands  excepted   1277 

State  grant — California   1278 

Sale  by  State — Mineral  lands  excepted   1278 

15  Stat.  169,  July  23, 1868   1278 

Navigation  grant — Mineral  lands  excepted — Minnesota   1278 

State  grant — Minnesota   1278 

Mineral  lands  excepted   1278 

15  Stat.  178,  p.  183,  July  25,  1868   1278 

School  grant  to  Wyoming   1278 

School  grant — Wyoming   1278 

School  lands — Coal  lands  included   1278 

15  Stat.  340,  March  3,  1869   1279 

Wagon-road  grant — Mineral  lands  excepted — Oregon   1279 

16  Stat.  594,  February  9, 1871   1279 

Agricultural  grant — Mineral  lands  reserved — Kansas   1279 

18  Stat.  474,  p.  476,  March  3,  1875   1279 

Salines  and  minerals  excepted  from  grant  to  Colorado   1279 

State  grant— Colorado   1280 

Mineral  lands  excepted — Indemnity  lands   1280 

Lands  valuable  for  minerals — Meaning   1280 

Salt  springs — Selection  and  limitation   1281 

Coal  lands  excepted   1281 

•""^*^ool  lands     1282 

Kno .       mxerai  lands  excep .'t^'^d   1282 

Time  grant  takes  effect— Survey"-    1282 

Discovery  of  mineral  subsequent" to  sur  ;"^ey-Effect   1283 

iQQfof         *     ^ight  of  mineral  claimant....    1283 

19  Stat.  665,  August  1,  1876                                                  ...    1284 

Proclamation— Colorado. . .  *  -ep. i284 

23  Stat.  10,  April  2,  1884                                                            , . .  i284 

School  grant-Selection  of  lieu  "lands -  -  *  -  1284 

IOC  f^'^^^^^^o  grant-Lieu  lands                                                   -  -  -  1285 

19  Stat.  267,  p.  268,  chap.  81,  March  1, 1877 -  -  -  1285 

School  grant-Indemnity  selections-California"'"' -  ^285 
Oillands-Classification-EffectonState'srightofselection.'.".":;    L  ^ 

12 


CONTENTS.  XXIX 

State  grants — Continued.  Page. 

21  Stat.  287,  ch.  245,  June  16,  1880   1285 

School  grant — Selection  of  lands — Nevada   1285 

State  grant — Nevada   1286 

Purpose  of  act   1286 

Application  of  act   1286 

Lieu  lands  not  to  include  mineral  lands   1286 

Selection  by  State — Effect  as  to  mineral  character   1286 

Patents  not  issued  to  State   1287 

25  Stat.  676,  February  22,  1889    1287 

Grant  to  Montana,  North  Dakota,  South  Dakota,  and  Washington — 

Minerals  excepted   1287 

State  grant — Montana,  North  Dakota,  South  Dakota,  and  Wash- 
ington  1288 

Mineral  lands  excepted — Lieu  lands   1288 

School  lands — ^Time  grant  took  effect   1289 

School  sections  mineral — Selection  of  lieu  lands   1289 

Mineral  lands   1290 

Determination   1290 

Stone  lands   1290 

Coal   1290 

State  selections — Mineral  affidavit   1290 

26  Stat.  215,  July  3,  1890   1291 

Grant  to  Idaho — Minerals  excepted   1291 

State  grant— Idaho   1292 

State  selection   1292 

Nonmineral  lands   1292 

Publication  of  notice   1292 

26  Stat.  222,  p.  224,  July  10,  1890   1292 

Grant  to  Wyoming — Minerals  excepted   1292 

State  grant — Wyoming   1293 

Mineral  lands  selected — Relinquishment   1293 

28  Stat.  107,  July  16,  1894   1293 

Grant  to  Utah — Salines  excepted   1293 

State  grant— Utah   1294 

Salines  part  of  grant — Disposal   1294 

Nature  of  grant — Nonmineral  lands  only  included   1294 

Salines — Location  under  mining  laws   1295 

Mineral  character  of  lands   1295 

What  constitutes — Determination   1295 

Return  of  surveyor  general — Effect   1295 

Time  of  taking  effect  of  grant   1295 

30  Stat.  484,  June  21,  1898   1296 

Grant  to  New  Mexico — Minerals  excepted   1296 

State  grant — New  Mexico   1297 

Policy  of  Government  to  reserve  minerals   1297 

Grant  of  salines — Meaning  and  extent   1298 

34  Stat.  267,  p.  273,  June  16,  1906   1298 

Grant  to  Oklahoma  and  Arizona — Minerals,  oil  and  gas  excepted   1298 

State  grant — Oklahoma   1299 

Disposal  of  mineral  lands — Oil  and  gas   1299 

School  sections  not  subject  to  mining  laws   1299 

Grant  without  mineral  exception   1300 

Application  of  section  36  to  Arizona    1300 


XXX  CONTENTS. 

State  grants — Continued.  Page. 

34  Stat.  517,  ch.  3555,  June  27,  1906   1300 

Grant  to  Wisconsin  for  forestry   1300 

36  Stat.  295,  April  12,  1910   1300 

Sections  relinquished — Wyoming   1300 

36  Stat.  557,  pp.  561-575,  June  20,  1910   1301 

Grant  to  Arizona  and  New  Mexico — ^Minerals  and  salines  excepted. . .  1301 

36  Stat.  847,  ch.  420,  June  25,  1910   1303 

College  grant  to  Colorado   1303 

36  Stat.  961,  March  1, 1911   1303 

Grant  to  protect  watersheds   1303 

Cities,  towns,  and  corporations   1305 

30  Stat.  487,  June  21, 1898   1305 

Lands  for  water  supply — Minerals  reserved   1305 

36  Stat.  459,  p.  461,  ch.  267,  June  7, 1910   1305 

Grant  to  cities  for  parks   1305 

36  Stat.  892,  January  12, 1911   1306 

Cemetery  grant — Colorado  :   1306 

36  Stat.  1349,  ch.  255,  March  4, 1911   1306 

Grant  to  Trinidad  for  water  storage — Minerals  reserved   1306 

36  Stat.  1350,  March  4, 1911   1307 

Grants  for  parks — ^Minerals  reserved   1307 

STONE  LANDS. 

20  Stat.  89,  June  3,  1878   1308 

Lands  chiefly  valuable  for  stone   1308 

Timber  and  stone  act   1310 

Purpose  and  application   1311 

Construction  of  act   1311 

Policy  to  protect  timber  and  minerals   1312 

Timber  lands — Disposal   1312 

Stone  lands — Disposal   1313 

Particular  kinds  of  stone  included   1314 

Stone  lands  excepted  from  raihoad  grants   1314 

Application  to  purchase   1315 

FiUng  and  effect   1315 

Mineral  lands  not  subject  to  purchase   1315 

Showing  as  to  mineral  character  of  land   1316 

Showing  as  to  good  faith   1317 

Regulations  as  to  showing  of  character  of  land   1318 

Verification  by  oath  of  applicant — Basis  of  knowledge   1318 

Quantity  of  land  purchasable   1318 

Notice — Posting  and  publishing    1318 

Entry  based  on  false  affidavit — Effect   1319 

Verification— Perjury— Effect   1319 

Register  to  furnish  final  proof  of  notice— Publication   1320 

Conspiracy  to  purchase — Effect   1320 

Prior  agreement  of  applicant  to  sell — Effect   1320 

Contract  of  sale  after  application — Validity   1321 

Bona  fide  purchaser  from  entryman — Title   1321 

Agricultural  settlement  on  stone  lands.   1322 

Agricultural  entry  not  permitted  under  this  act   1322 

Forfeiture  or  cancellation  of  entry   1322 

Recovery  of  money  on  cancellation  of  entry   1322 


CONTENTS.  XXXI 

20  Stat.  89,  June  3,  1878— Continued. 

Lands  chiefly  valuable  for  stone — Continued. 

Timber  and  stone  act — Continued.  Page. 

Patent— Cancellation   1323 

State  selections — Basis   1323 

Regulations  by  Secretary   1323 

Cutting  of  timber   1324 

Construction  and  meaning  of  act   1324 

Purposes  for  which  timber  may  be  cut   1324 

Who  permitted  to  cut   1324 

Homestead  settler  not  permitted  to  cut  timber   1325 

Indictment  for  cutting — Sufficiency   1326 

Criminal  liability — Proof  and  defense   1326 

Trespasser — Liability  and  damages   1327 

27  Stat.  348,  August  4,  1892   1328 

Lands  located  for  building  stone — Placer  mining  laws   1328 

Stone  land  placer  claim  act   1328 

Scope  of  act   1328 

Amendment— Effect   1329 

Repealing  force  of  act   1329 

Stone  lands   1330 

Entry  as  placer  claims   1330 

Mineral  and  mineral  lands  include  stone   1330 

Kinds  of  stone  included   1331 

Kinds  of  stone  not  included   1332 

Grants  for  school  purposes   1332 

Railroad  grants  do  not  include   1332 

Entryman's  power  to  sell   1333 

Cutting  timber   1333 

Criminal  liability   1333 

Oil  lands  located  as  placer  claims   1333 

33  Stat.  706,  February  8,  1905   1333 

Use  of  stone  in  public  works   1333 

TIMBER  CUTTING  FOR  MINING  PURPOSES. 

4  Stat.  472,  March  2,  1831   1334 

Cutting  timber  on  mineral  lands — Mining  purposes   1334 

Timber  cutting  act   1334 

Construed  with  later  acts — Cutting  permissible   1334 

Timber  cutting  on  mining  claims   1335 

20  Stat.  88,  June  3,  1878   1335 

Removing  timber  for  mining  purposes   1335 

Timber  on  mineral  land   1336 

Construction  and  purpose  of  act   1337 

States  in  which  cutting  is  permitted   1338 

Mining  districts — Meaning   1339 

Residents  authorized  to  cut   1339 

Lands  on  which  cutting  is  permitted   1340 

Mineral  character   1340 

Extent  of  minerals — Proof   1341 

Coal  lands   1341 

Timber  lands — What  constitutes   1342 

Persons  authorized  to  cut  and  use  


XXXII 


CONTENTS. 


20  Stat.  88,  June  3,  1878— Continued. 

Removing  timber  for  mining  purposes — Continued. 

Timber  on  mineral  land — Continued.  Page. 

Uses  for  which  cutting  is  permitted   1342 

Uses  named  in  statute   1342 

Reduction,  smelting,  roasting,  etc  -   1343 

Domestic  purposes — Meaning   1343 

Exporting  prohibited   1344 

Power  to  sell,  buy,  or  employ  others  to  cut   1344 

Sawmill  owners — Disposal  of  lumber   1344 

Regulations  as  to  cutting   1344 

Authority  and  effect   1344 

Validity — Restricting  statute   1345 

Regulations  as  to  size  of  trees   1345 

Regulation  as  to  sawmill  owners   1346 

Duty  of  registers  and  receivers   1346 

Placer  locations — Fraudulent  design  for  timber  cutting   1346 

Action  for  damages   1347 

Evidence  as  to  mineral  character  of  land   1347 

Defense — Evidence  of  good  faith   1347 

Burden  of  proof   1348 

Willful  trespass— Proof  and  presumption   1348 

Willful  trespass — Measure  of  damages   1348 

Right  of  United  States  to  recover   1349 

Liability  of  railroad  company   1349 

Criminal  liability — Intent   1349 

26  Stat.  1093,  March  3, 1891— Amendment   1350 

Timber  cutting  on  mineral  lands — 26  Stat.  1095,  p.  1099,  sec.  8,  as  amended.  1350 

Timber-cutting  act — ^Amendment   1350 

Power  to  permit  cutting   1350 

Purpose  for  which  timber  is  cut   1351 

Privilege  of  cutting  timber  not  repealed   1351 

Criminal  prosecution — Defense   1351 

27  Stat.  444,  Februaryl3, 1893   1351 

Timber  cutting  on  mineral  lands — ^Amendment   1351 

30  Stat.  597,  p.  618,  July  1,  1898   1351 

Removing  timber  for  mining  purposes — Amendment   1351 

Permits  to  cut  timber  for  mining  purposes   1352 

31  Stat.  1436,  March  3,  1901   1352 

Timber  cutting  on  mineral  lands — Amendment   1352 

30  Stat.  11,  p.  35,  June  4, 1897   1352 

Timber  cutting  on  reservations   1352 

35  Stat.  1088,  p.  1098,  March  4,  1909   1352 

Timber  cutting  on  mining  claims   1352 

TOWN-SITE  SECTIONS  AND  ACTS. 

Section  2386,  Revised  Statutes   1354 

Construction  and  application  of  section   1354 

Town-site  entry   1355 

Nature  and  purpose   1355 

Made  on  mineral  lands   1355 

Town-site  laws — ^Mineral  lands  not  acquired  under   1355 


CONTENTS.  XXXIII 

Section  2386,  Revised  Statutes — Continued.  Page. 

Town  Bites   1357 

Right  of  citizens  to  use  and  build   1357 

Minerals  open  to  exploration   1357 

Mining  locations  permitted   1358 

Possession  of  mineral  claimant  protected   1358 

Mineral  character  of  land — Proof   1358 

Mining  location  as  notice   1359 

Title  subject  to  mineral  rights  and  uses   1359 

Town-site  owner   1360 

Rights  as  against  mineral  claimant   1360 

Rights  as  against  the  United  States   1361 

Patent  for  mineral  lands   1361 

Application  by  mineral  claimant — Proof   1361 

Adverse  claim   1361 

Conclusiveness  as  against  town-site  claimant   1361 

Application  by  mineral  claimant  after  town-site  patent   1362 

Town -site  patent   1362 

Application — Showing  as  to  nonmineral  character  of  land   1362 

Effect  as  against  mining  rights   1362 

Presumption  as  against  subsequent  mineral  patent   1363 

Mineral  lands  excepted — Known  character   1363 

Reservations  inserted  as  to  mineral  rights   1364 

Purchaser  from  town  authorities — ^Title   1365 

Effect  on  jurisdiction  of  Land  Department   1365 

Subsequent  discovery  of  mineral   1365 

Section  2387,  Revised  Statutes   1366 

Town-site  act — Purpose   1366 

Town-site  entry   1366 

Effect  of  entry  on  mining  claim   1366 

Adverse  claim   1366 

Does  not  carry  mining  claims   1367 

Section  2392,  Revised  Statutes   1367 

Town-site  laws   1367 

Construction  and  purpose   1367 

' '  Mines  of  gold  " — ' '  Lands  valuable  for  minerals  " — Meaning   1367 

Town  sites  located  on  mineral  lands — Effect   1368 

Existing  mining  rights  protected   1368 

Title  to  mineral  lands  not  acquired  under   1369 

Extent  of  prohibition  against  title  to  mines   1369 

Mmeral  character  of  land — Determination  and  jurisdiction   1370 

Minerals  in  town-site  lands  open  to  exploration   1370 

Town-site  patent   1371 

Effect  as  a  conveyance   1371 

Minerals  reserved — Meaning  and  proof   1371 

Mineral  lands  exempted — Proof  of  value   1372 

Known  lode  claim  included — Remedy   1372 

Effect  as  against  mineral  claimants   1372 

Relief  against  prior  mineral  entry   1373 

Ground  abandoned  by  mineral  claimant — Presumption   1373 

Mill  site  excepted   1373 

Subsequent  discovery  of  mineral   1374 

56974°— Bull.  94,  pt  2—15  3 


XXXIV  CONTENTS. 

Section  2392,  Revised  Statutes — Continued.  Page. 

Mineral  patent   1374 

Application — Objections — Priority  of  rights   1374 

Reserving  town-site  rights   1375 

Priority  of  location — Relation — Reservation   1375 

Town-site  o\vner — No  compensation  for  improvements   1375 

5  Stat.  657,  May  23,  1844   1375 

Entry  by  corporate  authorities   1375 

Town-site  laws   1376 

Force  and  application   1376 

Mineral  lands  not  subject  to  occupation   1376 

14  Stat.  541,  March  2,  1867   1376 

Minerals  reserved   1376 

15  Stat.  67,  ch.  53,  June  8,  1868   1377 

Minerals  reserved — Amendment   1377 

Town  sites   1377 

Mining  claims  not  acquired  by   1377 

"Mines"  and  "minerals" — Meaning   1378 

Mining  claims  on  town  site — Right  of  claimant   1378 

Patent — Reservations  as  to  minerals   1378 

26  Stat.  1095,  pp.  1099-1102,  March  3,  1891   1378 

Town-site  entries  on  mineral  land   1378 

Town-site  sertion  of  act  (16)   1379 

Town  sites  on  mineral  lands — Purpose  of  act   1379 

Town-site  application  and  entry — Mineral  rights   1380 

Mineral  and  town-site  claimants — Rights    1380 

Mineral  character  of  land — Proof   1380 

Town-site  entry  on  surveyed  lands — Form   1381 

Town-site  application — Exclusion  of  minerals   1381 

Town-site  occupant — Right  to  hearing   1381 

Town-site  entry  or  patent — Effect  on  mining  claim   1381 

26  Stat.  158,  June  17, 1890   1382 

Town  site  of  Buffalo— Wyoming   1382 

TUNNEL  ACTS. 

14  Stat.  242,  July  25,  1866   1383 

Sutro  Tunnel— Comstock  lode   1383 

Sutro  Tunnel  act   1384 

Rights  conferred   1384 

' '  Branches  "—Meaning   1385 

' '  Discovered  or  developed  " — Meaning   1385 

Mining  claims  within  2,000  feet  prohibited   1385 

Time  for  completion  of  tunnel — Failure  to  prosecute   1385 

Mines  benefited  by  tunnel — Conditions  in  patent   1385 

Interested  persons  may  object  to  patent   1386 

Comstock  lode — Status  and  date  of  act   1386 

Tunnel  claims  exempt  from  annual  assessment   1386 

Water  in  tunnel — Right  of  appropriation   1386 

Effect  on  agricultural  lands   .  1387 


CONTENTS.  XXXV 

WITHDRAWALS  OF  PUBLIC  LANDS, 

Page, 

25  Stat.  854,  March  2,  1889   1388 

Public  lands  withdrawn  from  private  entry   1388 

Homestead  entry — Relinquishment — Effect   1388 

Agricultural  lands — Determination — Burden  of  proof   1389 

32  Stat,  388,  June  17,  1902   1389 

Arid  lands  withdrawn   1389 

Withdrawal  order — Effect  as  against  mining  claims   1389 

Lands  withdrawn  not  disposed  of  as  coal  lands   1390 

36  Stat.  847,  June  25,  1910   1390 

President  authorized  to  withdraw  public  lands   1390 

Withdrawals  of  public  lands   1391 

Purpose  of  act— Repealing  effect   1391 

Existing  lawful  entries  excepted   1391 

Withdrawals  for  classification  purposes — Coal,  oil,  and  phosphate.  1392 

Disposal  of  coal  and  oil  lands  withdrawn   1392 

Surface  entry  permitted  or  lands  withdrawn   1393 

Lands  withdrawn  not  subject  to  school  indemnity  selections   1393 

Nonmineral  lands  restored  to  public  domain   1393 

37  Stat.  497,  August  24,  1912   1393 

Public  lands  withdrawn — Amendment   1393 

Executive  order — Alaska   1394 


Publications  on  methods  of  mining   1395 

List  of  abbreviations   1397 

Sections  of  Revised  Statutes  compiled  and  annotated   1399 

Sections  of  Alaska  compiled  laws   1400 

Statutes  at  Large  compiled  and  annotated   1401 

List  of  sections  of  Revised  Statutes  cited   1405 

List  of  Statutes  at  Large  cited   1406 

Table  of  cases   1408 

Index   1463 


MISCELLANEOUS  MINING  SUBJECTS. 


ALASKA  COMPILED  LAWS. 

I.  GENERAL  MINING  PROVISIONS. 

II.  MISCELLANEOUS  MINING  PROVISIONS,  p.  898.  ' 

I.  GENERAL  MINING  PROVISIONS. 

Sec.  2594.  That  the  Committee  on  Territories  of  the  Senate  and 
the  Committee  on  Territories  of  the  House  of  Representatives  are 
hereby  authorized,  empowered,  and  directed  to  jointly  codify,  com- 
pile, publish,  and  annotate  all  the  laws  of  the  United  States  appH- 
cable  to  the  Territory  of  Alaska,  and  said  committees  are  jointly 
authorized  to  employ  such  assistance  as  may  be  necessary  for  that 
purpose;  and  the  sum  of  $5,000,  or  so  much  thereof  as  may  be  nec- 
essary, is  hereby  appropriated,  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated,  to  cover  the  expenses  of  said  work, 
which  shall  be  paid  upon  vouchers  properly  signed  and  approved 
by  the  chairmen  of  said  committees.  (Act  of  Aug.  24,  1912,  37 
Stat.  512,  sec.  19,  p.  518.) 

Sec.  29.  There  shall  be  a  board  of  road  commissioners  in  said 
District  [Alaska]  to  be  composed  of  an  engineer  officer  of  the  United 
States  Army  to  be  detailed  and  appointed  by  the  Secretary  of  War, 
and  two  other  officers  of  that  part  of  the  Army  stationed  in  said  Dis- 
trict and  to  be  designated  by  the  Secretary  of  War.  *  *  *  The 
said  board  shall  have  the  power,  and  it  shall  be  their  duty,  upon 
their  own  motion  or  upon  petition,  to  locate,  lay  out,  construct,  and 
maintain  wagon  roads  and  pack  trails  from  any  point  on  the  navi- 
gable waters  of  said  District  to  any  town,  mining  or  other  industrial 
camp  or  settlement,  or  between  any  such  town,  camps,  or  settle- 
ments therein,  if  in  their  judgement  such  roads  or  trails  are  needed 
and  will  be  of  permanent  value  for  the  development  of  the  District; 
but  no  such  road  or  trail  shall  be  constructed  to  any  town,  camp,  or 
settlement  which  is  wholly  transitory  or  of  no  substantial  value  or 
importance  for  mining,  trade,  agricultural,  or  manufacturing  pur- 
poses.   (Act  of  May  14,  1906,  34  Stat.  192.) 

Sec.  40.  The  Secretary  of  the  Interior  is  hereby  authorized  to 
issue  a  permit,  by  instrument  in  writing,  in  conformity  with  and  sub- 
ject to  the  restrictions  herein  contained,  unto  any  responsible  per- 
son, company,  or  corporation,  for  a  right  of  way  over  the  public 
domain  in  said  District,  not  to  exceed  100  feet  in  width,  and  ground 
for  station  and  other  necessary  purposes,  not  to  exceed  5  acres  for 
each  station  for  each  5  miles  of  road,  to  construct  wagon  roads  and 
wire  rope,  aerial,  or  other  tramways,  and  the  privilege  of  taking  all 

861 


862 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


necessary  material  from  the  public  domain  in  said  District  for  the 
construction  of  such  wagon  roads  or  tramways,  together  with  the 
right,  subject  to  supervision  and  at  rates  to  be  approved  by  said 
Secretary,  to  levy  and  collect  toll  or  freight  and  passenger  charges 
on  passengers,  animals,  freight,  or  vehicles  passing  over  the  same  for  a 
period  not  exceeding  20  years;  and  said  Secretary  is  also  authorized 
to  sell  to  the  owner  or  owners  of  any  such  wagon  road  or  tramway, 
upon  the  completion  thereof,  not  to  exceed  20  acres  of  public  land  at 
each  terminus  at  $1.25  per  acre,  such  lands  when  located  at  or  near 
tidewater  not  to  extend  more  than  40  rods  in  width  along  the  shore  Hne, 
and  the  title  thereto  to  be  upon  such  expressed  conditions  as  in  his 
judgment  may  be  necessary  to  protect  the  public  interest,  and  all 
minerals,  including  coal,  in  such  right  of  way  or  station  grounds 
shall  be  reserved  to  the  United  States:  Provided,  That  such  lands 
may  be  located  concurrently  with  the  line  of  such  road  or  tramway, 
and  the  plat  of  prehminary  survey  and  the  map  of  definite  location 
shall  be  filed  as  in  the  case  of  railroads  and  subject  to  the  same  con- 
ditions and  hmitations:  Provided  further.  That  such  rights  of  way 
and  privileges  shall  only  be  enjoyed  by  or  granted  to  citizens  of  the 
United  States  or  companies  or  corporations  organized  under  the  laws 
of  a  State  or  Territory;  and  such  rights  and  privileges  shall  be  held 
subject  to  the  right  of  Congress  to  alter,  amend,  repeal,  or  grant  equal 
rights  to  othei's  on  contiguous  or  parallel  routes.  And  no  right  to 
construct  a  wagon  road  on  which  toll  may  be  collected  shall  be  granted 
unless  it  shall  first  be  made  to  appear  to  the  satisfaction  of  the 
Secretary  of  the  Interior  that  the  public  convenience  requires 
the  construction  of  such  proposed  road,  and  that  the  expense  of 
making  the  same  available  and  convenient  for  public  travel  will  not 
be  less,  on  an  average,  than  $500  per  mile.  (Act  of  May  14,  1898, 
30  Stat.  411.) 

Sec.  42.  That  this  act  shall  not  apply  to  any  lands  within  the 
limits  of  any  military,  park,  Indian,  or  other  reservation  unless  such 
right  of  way  shall  be  provided  for  by  act  of  Congress.  (Act  of  May 
14,  1898,  30  Stat.  409,  p.  412.) 

Charlton  Code,  p.  58,  sec.  7. 

Sec.  46.  That  the  Union  Pioneer  Mining  &  Trading  Co.,  a  cor- 
poration created  and  existing  under  and  by  virtue  of  the  laws  of 
the  State  of  California,  be,  and  it  is  hereby,  authorized  to  construct 
and  maintain  a  bridge  across  the  Catalla  Creek,  in  the  District  of 
Alaska,  to  be  located  at  such  point  as  shall  be  approved  by  the  Sec- 
retary of  War.  Said  bridge  may  be  used  for  the  passage  of  wagons 
and  vehicles  of  aU  kinds,  and  for  the  transit  of  animals,  and  for  foot 
passengers,  for  such  reasonable  rates  of  toU  as  may  be  fixed  by  said 
company  and  approved  by  the  Secretary  of  War.  (Act  of  Apr.  28, 
1904,  33  Stat.  560.) 

Sec.  47.  That  the  right  of  way  through  the  lands  of  the  United 
States  in  the  District  of  Alaska  is  hereby  granted  to  any  railroad 
company,  duly  organized  under  the  laws  of  any  State  or  Territory,  or 
by  the  Congress  of  the  United  States,  which  may  hereafter  file  for 
record  with  the  Secretary  of  the  Interior  a  copy  of  its  articles  of 
incorporation,  and  due  proofs  of  its  organization  under  the  same,  to 
the  extent  of  100  feet  on  each  side  of  the  center  line  of  said  road; 


ALASKA  COMPILED  LAWS,  PP.  861-913. 


863 


also  the  right  to  take  from  the  lands  of  the  United  States  adjacent 
to  the  line  of  said  road  material,  earth,  stone,  and  timber  necessary 
for  the  construction  of  said  railroad;  also  the  right  to  take  for  rail- 
road uses,  subject  to  the  reservation  of  all  minerals  and  coal  therein, 
public  lands  adjacent  to  said  right  of  way  for  station  buildings, 
depots,  machine  shops,  side  tracks,  turnouts,  water  stations,  and 
terminals,  and  other  legitimate  railroad  purposes,  not  to  exceed  in 
amount  20  acres  for  each  station,  to  the  extent  of  one  station  for 
each  10  miles  of  its  road,  excepting  at  terminals  and  junction  points, 
which  may  include  additional  40  acres,  to  be  limited  on  navigable 
waters  to  80  rods  on  the  shore  line,  and  with  the  right  to  use  such 
additional  ground  as  may  in  the  opinion  of  the  Secretary  of  the  In- 
terior be  necessary  where  there  are  heavy  cuts  or  fills:  Provided, 
That  nothing  herein  contained  shall  be  so  construed  as  to  give  to 
such  railroad  company,  its  lessees,  grantees,  or  assigns,  the  owner- 
ship or  use  of  minerals,  including  coal,  within  the  limits  of  its  right 
of  way,  or  of  the  lands  hereby  granted:  Provided  further.  That  all 
mining  operations  prosecuted  or  undertaken  within  the  Hmits  of  such 
right  of  way,  or  of  the  lands  hereby  granted,  shall,  under  rules  and 
regulations  to  be  prescribed  by  the  Secretary  of  the  Interior,  be  so 
conducted  as  not  to  injure  or  interfere  with  the  property  or  opera- 
tions of  the  road  over  its  said  lands  or  right  of  way.  (Act  of  May 
14,  1898,  30  Stat.  409.) 

A.  ALASKA  RIGHT-OF-WAY  ACT. 

B.  ACTIONS  TO  QUIET  TITLE— HOMESTEAD  AND  MINERAL  CLAIM- 

ANTS, p.  864. 

A.  ALASKA  RIGHT-OF-WAY  ACT. 

1.  Effect  on  authority  of  land  department. 

2.  Reservations  along  shore  for  highways. 

3.  Adverse  claims. 

1.  effect  on  authority  of  land  department. 

Congress  has  not  by  this  or  any  other  Alaska  act  divested  the  Land  Department 
of  its  general  and  exclusive  authority  to  investigate  and  determine  the  mineral  or 
nonmineral  character  of  lands  in  that  District,  and  the  department  is  not  bound  by 
the  decision  of  any  court  or  other  tribunal  as  to  these  questions. 

Low  V.  Katalla  Co.,  40  L.  D.  534,  p.  540. 
See  Snyder  v.  Waller,  25  L.  D.  7,  p.  8. 

Ryan  v.  Granite  ffill  Co.,  29  L.  D.  522,  p.  524. 

This  act  does  no  change  the  rule  as  to  the  jurisdiction  of  the  Land  Office  to  deter- 
mine the  question  of  the  mineral  or  nonmineral  character  of  the  land  in  a  contest 
between  a  mineral  claimant  and  a  homestead  settler. 

Nelson  v.  Brownell,  193  Fed.  641,  p.  642. 
See  Lasley  v.  Brownell,  199  Fed.  772. 

2.  RESERVATIONS  ALONG  SHORE  FOR  HIGHWAYS. 

The  60-foot  reservation  provided  for  in  this  act  does  not,  under  section  26  of  the 
act  of  June  6,  1900  (31  Stat.  321,  p.  330),  apply  to  mineral  land. 
Alaska  Mildred  Gold  Min.  Co.,  In  re,  42  L.  D.  255,  p.  258. 


864 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


This  act  only  contemplates  the  reservation  along  the  shore  of  an  easement  for  high- 
way purposes,  and  does  not  prohibit  the  location  of  a  mining  claim  extending  to  the 
water's  edge,  but  subject  to  the  roadway  easement. 

Alaska  Mildred  Gold  Min.  Co.,  In  re,  42  L.  D.  255,  p.  258. 
Modifying  Alaska  Copper  Co.,  In  re,  32  L.  D.  128,  p.  131. 

Notwithstanding  the  reservation  of  60-foot  roadways  along  the  shore  and  navigable 
streams,  a  mining  claim  may  be  located  to  the  water's  edge. 

Alaska  Mildred  Gold  Min.  Co.,  In  re,  42  L.  D.  255,  p.  258. 
Modifying  Alaska  Copper  Co.,  In  re,  32  L.  D.  128. 

Under  the  provision  that  a  roadway  60  feet  in  width  shall  be  reserved  for  public 
use  along  navigable  streams  and  the  seashore  in  Alaska,  it  follows  that  mill  sites 
being  nonmineral  land  do  not  fall  within  the  exception  of  mineral  land  from  such 
reservation  provided  by  section  26,  of  the  act  of  June  6,  1900  (31  Stat.  321,  p.  330),  and 
therefore  their  shoreward  boundaries  can  not  lawfully  be  laid  within  60  feet  of  the 
water's  edge. 

Alaska  Copper  Co.,  In  re,  32  L.  D.  128,  p.  131. 

3.  ADVERSE  CLAIMS. 

As  adverse  proceedings  under  the  mining  laws  are  confined  to  conflicting  mining 
claims,  so  the  adverse  nature  of  this  act  should  for  like  reasons  be  limited  to  cases  of 
conflicts  arising  between  nonmineral  claimants  only  and  should  not  be  invoked  or 
applied  to  cases  of  conflict  arising  between  mining  locators,  on  the  one  hand,  and  agri- 
cultural or  nonmineral  claimants,  on  the  other. 

Squires,  In  re,  40  L.  D.  542,  p.  544. 

A  court  has  jurisdiction  to  determine  the  superior  right  to  the  possession  of  land 
under  this  act  as  between  the  adverse  claimants  and  by  its  decree  to  protect  the  one 
held  to  be  entitled  thereto  and  where  a  decree  goes  no  further  it  is  binding  upon  the 
department. 

Crary  v.  Gavigan,  36  L.  D.  225,  p.  226. 

B.  ACTIONS   TO    QUIET    TITLE— HOMESTEAD    AND  MINERAL 

CLAIMANTS. 

The  requirement  of  this  section  as  to  actions  to  quiet  title  does  not  apply  to  contests 
arising  between  homestead  settlers  and  the  locators  of  mineral  claims  concerning  the 
mineral  or  nonmineral  character  of  the  land  in  controversy. 

Nelson  v.  Brownell,  193  Fed.  641,  p.  642. 

See  Lasley  v.  Brownell,  199  Fed.  772. 

39  STAT.  305,  MARCH  12,  1914  (PUBLIC,  NO.  69,  63D  CONGRESS). 

ALASKA  RAILROAD  ACT. 

AN  ACT  To  authorize  the  President  of  the  United  States  to  locate,  construct,  and 
operate  railroads  in  the  Territory  of  Alaska,  and  for  other  purposes. 

Be  it  enacted,  etc.,  That  the  President  of  the  United  States  is 
hereby  empowered,  authorized,  and  directed  to  adopt  and  use  a 
name  by  which  to  designate  the  railroad  or  railroads  and  properties 
to  be  located,  owned,  acquired,  or  operated  under  the  authority  of 
this  act;  to  employ  such  officers,  agents,  or  agencies,  in  his  discretion, 
as  may  be  necessary  to  enable  him  to  carry  out  the  purposes  of  this 
act;  to  authorize  and  require  such  officers,  agents,  or  agencies  to  per- 
form any  or  all  of  the  duties  imposed  upon  him  by  the  terms  of  this 
act;  to  detail  and  require  any  officer  or  officers  in  the  Engineer  Corps 


ALASKA  COMPILED  LAWS,  PP.  8G1-913. 


865 


in  the  Army  or  Navy  to  perform  service  under  this  act;  to  fix  the 
compensation  of  all  officers,  agents,  or  employees  appointed  or  desig- 
nated by  him;  to  designate  and  cause  to  be  located  a  route  or  routes 
for  a  line  or  lines  of  railroad  in  the  Territory  of  Alaska  not  to  exceed 
in  the  aggregate  1,000  miles,  to  be  so  located  as  to  connect  one  or 
more  of  the  open  Pacific  Ocean  harbors  on  the  southern  coast  of 
Alaska  with  the  navigable  waters  in  the  interior  of  Alaska,  and  with 
a  coal  field  or  fields  so  as  best  to  aid  in  the  development  of  the  agri- 
cultural and  mineral  or  other  resources  of  Alaska,  and  the  settlement 
of  the  public  lands  therein,  and  so  as  to  provide  transportation  of 
coal  for  the  Army  and  Navy,  transportation  of  troops,  arms,  muni- 
tions of  war,  the  mails,  and  for  other  governmental  and  public  uses, 
and  for  the  transportation  of  passengers  and  property;  to  construct 
and  build  a  railroad  or  railroads  along  such  route  or  routes  as  he  may 
so  designate  and  locate,  with  the  necessary  branch  hues,  feeders, 
sidings,  switches,  and  spurs;  to  purchase  or  otherwise  acquire  all  real 
and  personal  property  necessary  to  carry  out  the  purposes  of  this  act; 
to  exercise  the  power  of  eminent  domain  in  acquiring  property  for 
such  use,  which  use  is  hereby  declared  to  be  a  public  use,  by  con- 
demnation in  the  courts  of  Alaska  in  accordance  with  the  laws  now 
or  hereafter  in  force  there;  to  acquire  rights  of  way,  terminal  grounds, 
and  all  other  rights;  to  purchase  or  otherwise  acquire  all  necessary 
equipment  for  the  construction  and  operation  of  such  railroad  or  rail- 
roads; to  build  or  otherwise  acquire  docks,  wharves,  terminal  facili- 
ties, and  all  structures  needed  for  the  equipment  and  operation  of 
such  railroad  or  railroads;  to  fix,  change,  or  modify  rates  for  the 
transportation  of  passengers  and  property,  which  rates  shall  be  equal 
and  uniform,  but  no  free  transportation  or  passes  shall  be  permitted 
except  that  the  provisions  of  the  interstate  commerce  laws  relating 
to  the  transportation  of  employees  and  their  families  shall  be  in  force 
as  to  the  lines  constructed  under  this  act;  to  receive  compensation  for 
the  transportation  of  passengers  and  property,  and  to  perform  gener- 
ally all  the  usual  duties  of  a  common  carrier  by  railroad ;  to  make  and 
estabhsh  rules  and  regulations  for  the  control  and  operation  of  said 
railroad  or  railroads;  in  his  discretion,  to  lease  the  said  railroad  or 
railroads,  or  any  portion  thereof,  including  telegraph  and  telephone 
lines,  after  completion  under  such  terms  as  he  may  deem  proper,  but 
no  lease  shall  be  for  a  longer  period  than  twenty  years,  or  in  the  event 
of  failure  to  lease,  to  operate  the  same  until  the  further  action  of  Con- 
gress: Provided,  That  if  said  railroad  or  railroads,  including  tele- 
graph and  telephone  lines,  are  leased  under  the  authority  herein 
given,  then  and  in  that  event  they  shall  be  operated  under  the  juris- 
diction and  control  of  the  provisions  of  the  interstate  commerce  laws ; 
to  purchase,  condemn,  or  otherwise  acquire  upon  such  terms  as  he 
may  deem  proper  any  other  line  or  lines  of  railroad  in  Alaska  which 
may  be  necessary  to  complete  the  construction  of  the  line  or  lines  of 
railroad  designated  or  located  by  him:  Provided,  That  the  price  to 
be  paid  in  case  of  purchase  shall  in  no  case  exceed  the  actual  physical 
value  of  the  railroad ;  to  make  contracts  or  agreements  with  any  rail- 
road or  steamship  company  or  vessel  owner  for  joint  transportation 
of  passengers  or  property  over  the  road  or  roads  herein  provided  for, 
and  such  railroad  or  steamship  line  or  by  such  vessel,  and  to  make 
such  other  contracts  as  may  be  necessary  to  carry  out  any  of  the 
purposes  of  this  act;  to  utilize  in  carrying  on  the  work  herein  provided 


866 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


for  any  and  all  machinery,  equipment,  instruments,  material,  and 
other  property  of  any  sort  whatsoever  used  or  acquired  in  connection 
with  the  construction  of  the  Panama  Canal,  so  far  and  as  rapidly  as  the 
same  is  no  longer  needed  at  Panama,  and  the  Isthmian  Canal  Com- 
mission is  hereby  authorized  to  deliver  said  property  to  such  officers 
or  persons  as  the  President  may  designate,  and  to  take  credit  therefor 
at  such  percentage  of  its  original  cost  as  the  President  may  approve, 
but  this  amount  shall  not  be  charged  against  the  fund  provided  for 
in  this  act. 

The  authority  herein  granted  shall  include  the  power  to  construct, 
maintain,  and  operate  telegraph  and  telephone  lines  so  far  as  they 
may  be  necessary  or  convenient  in  the  construction  and  operation 
of  the  railroad  or  railroads  as  herein  authorized  and  they  shall  per- 
form generally  all  the  usual  duties  of  telegraph  and  telephone  lines 
for  hire. 

That  it  is  the  intent  and  purpose  of  Congress  through  this  act 
to  authorize  and  empower  the  President  of  the  United  States,  and 
he  is  hereby  fully  authorized  and  empowered,  through  such  officers, 
agents,  or  agencies  as  he  may  appomt  or  employ,  to  do  all  necessary 
acts  and  things  in  addition  to  those  specially  authorized  in  this 
act  to  enable  him  to  accomplish  the  purposes  and  objects  of  this  act. 

The  President  is  hereby  authorized  to  withdraw,  locate,  and  dis- 
pose of,  under  such  rules  and  regulations  as  he  may  prescribe,  such 
area  or  areas  of  the  public  domain  along  the  line  or  lines  of  such 
proposed  railroad  or  railroads  for  town-site  purposes  as  he  may 
from  time  to  time  designate. 

Terminal  and  station  grounds  and  rights  of  way  through  the 
lands  of  the  United  States  in  the  Territory  of  Alaska  are  hereby 
granted  for  the  construction  of  railroads,  telegraph  and  telephone 
lines  authorized  by  this  act,  and  in  all  patents  for  lands  hereafter 
taken  up,  entered  or  located  in  the  Territory  of  Alaska  there  shall 
be  expressed  that  there  is  reserved  to  the  United  States  a  right  of 
way  for  the  construction  of  railroads,  telegraph  and  telephone  lines 
to  the  extent  of  100  feet  on  either  side  of  the  center  line  of  any  such 
road  and  25  feet  on  either  side  of  the  center  line  of  any  such  telegraph 
or  telephone  lines,  and  the  President  may,  in  such  manner  as  he 
deems  advisable,  make  reservation  of  such  lands  as  are  or  may  be 
useful  for  furnishing  materials  for  construction  and  for  stations, 
terminals,  docks,  and  for  such  other  purposes  in  connection  with  the 
construction  and  operation  of  such  railroad  lines  as  he  may  deem 
necessary  and  desirable. 

Sec.  2.  That  the  cost  of  the  work  authorized  by  this  act  shall 
not  exceed  $35,000,000,  and  in  executing  the  authority  granted  by 
this  act  the  President  shall  not  expend  nor  obligate  the  United 
States  to  expend  more  than  the  said  sum;  and  there  is  hereby  appro- 
priated, out  of  any  money  in  the  Treasury  not  otherwise  appropri- 
ated, the  sum  of  $1,000,000  to  be  used  for  carrying  out  the  provisions 
of  this  act,  to  continue  available  until  expended. 

Sec.  3.  That  all  moneys  derived  from  the  lease,  sale,  or  disposal 
of  any  of  the  public  lands,  including  townsites,  in  Alaska,  or  the  coal 
or  mineral  therein  contained,  or  the  timber  thereon,  and  the  earnings 
of  said  railroad  or  railroads,  together  with  the  earnings  of  the  tele- 
graph and  telephone  lines  constructed  under  this  act,  above  main- 
tenance charges  and  operating  expenses,  shall  be  paid  into  the  Treas- 


ALASKA  COMPILED  LAWS;  PP.  8G1-913. 


867 


ury  of  the  United  States  as  other  miscellaneous  receipts  are  paid, 
and  a  separate  account  thereof  shall  be  kept  and  annually  reported 
to  Congress. 

Sec.  4.  That  the  officers,  agents,  or  agencies  placed  in  charge  of 
the  work  by  the  President  shall  make  to  the  President  annually, 
and  at  such  other  periods  as  may  be  required  by  the  President  or 
by  either  House  of  Congress,  full  and  complete  reports  of  all  their 
acts  and  doings  and  of  all  moneys  received  and  expended  in  the 
construction  of  said  work  and  in  the  operation  of  said  work  or  works 
and  in  the  performance  of  their  duties  in  connection  therewith.  The 
annual  reports  herein  provided  for  shall  be  by  the  President  trans- 
mitted to  Congress. 

Sec.  85.  That  until  otherwise  ordered  by  Congress,  lands  in  Alaska 
may  be  entered  for  town-site  purposes,  for  the  several  use  and  benefit 
of  the  occupants  of  such  town  sites,  by  such  trustee  or  trustees  as  may 
be  named  by  the  Secretary  of  the  Interior  for  that  purpose,  such 
entries  to  be  made  under  the  provisions  of  section  2387  of  the  Revised 
Statutes  as  near  as  may  be;  and  when  such  entries  shall  have  been 
made,  the  Secretary  of  the  Interior  shall  provide  by  regulation  for  the 
proper  execution  of  the  trust  in  favor  of  the  inhabitants  of  the  town 
site,  including  the  survey  of  the  land  into  lots,  according  to  the  spirit 
and  intent  of  said  section  2387  of  the  Revised  Statutes,  whereby  the 
same  results  would  be  reached  as  though  the  entry  had  been  made  by  a 
county  judge  and  the.disposal  of  the  lots  in  such  town  site  and  the  pro- 
ceeds of  the  sale  thereof  had  been  prescribed  by  the  legislative  author- 
ity of  a  State  or  Territory:  Provided,  That  no  more  than  640  acres 
shall  be  embraced  in  one  town-site  entry.  (Act  of  Mar.  3,  1891,  26 
Stat.  1095,  p.  1099.) 

See  townsite,  pp.  1354-1382. 

Section  86  is  the  same  as  section  2387  R.  S.,  townsite  laws,  p.  1354. 
Section  88  is  the  same  as  section  2392,  R.  S.,  townsite  laws,  p.  1367. 
Section  90  is  the  same  as  section  16,  26  Stat.  1095,  p.  1378. 

Sec.  92.  Any  citizen  of  the  United  States  21  years  of  age,  or  any 
association  of  such  citizens,  or  any  corporation  incorporated  under  the 
laws  of  the  United  States  or  of  any  St^te  or  Territory  now  authorized 
by  law  to  hold  lands  in  the  Territories,  hereafter  in  the  possession  of 
and  occupying  public  lands  in  the  District  of  Alaska  in  good  faith  for 
the  purposes  of  trade,  manufacture,  or  other  productive  industry, 
may  each  purchase  one  claim  only  not  exceeding  SO  acres  of  such  land 
for  any  one  person,  association,  or  corporation,  at  $2.50  per  acre,  upon 
submission  of  proof  that. said  area,  embraces  improvements  of  the 
claimant  and  is  needed  in  the  prosecution  of  such  trade,  manufacture, 
or  other  productive  industry ,  such  tract  of  land  not  to  include  min- 
eral or  coal  lands,  and  ingress  and  egress  shall  be  reserved  to  the  pubhc 
on  the  waters  of  all -streams,  whether  navigable  or  otherwise:  Pro- 
vided, That  no  entry  shall  be  allowed  under  this  act  on  lands  abutting 
on  navigable  wa^/ter  of  more  than  80  rods :  Provided  further.  That  there 
shall  be  reserved  by  the  United  States  a  space  of  80  rods  in  width 
between  tra^cts  sold  or  entered  under  the  provisions  of  this  act  on  lands 
abutting  f^n  any  navigable  stream,  inlet,  gulf,  bay,  or  seashore,  and 
that  the. 'Secretary  of  the  Interior  may  grant  the  use  of  such  reserved 
lands  ajbutting  on  the  water  front  to  any  citizen  or  association  of 
citizefis,  or  to  any  corporation  incorporated  under  the  laws  of  the 
Unit/^ed  States  or  under  the  laws  of  any  State  or  Territory,  lor  land- 

/ 

i 

I 

/ 


868  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


ings  and  wharves,  with  the  provision  that  the  pubHc  shall  have 
access  to  and  proper  use  of  such  wharves  and  landings,  at  reasonable 
rates  of  toll  to  be  prescribed  by  said  Secretary,  and  a  roadway  60  feet 
in  width,  parallel  to  the  shore  line  as  near  as  may  be  practicable,  shall 
be  reserved  for  the  use  of  the  pubHc  as  a  highway:  *  *  *  (Act  of 
May  14,  1898,  30  Stat.  409.) 

Sec.  92|.  Any  citizen  of  the  United  States  21  years  of  age,  and  any 
association  of  such  citizens,  and  any  corporation  incorporated  under 
the  laws  of  the  United  States,  or  of  any  State  or  Territory  of  the  United 
States  now  authorized  by  law  to  hold  lands  in  the  Territories  now  or 
hereafter  in  possession  of  and  occupying  public  lands  in  Alaska  for  the 
purpose  of  trade  or  manufactures,  may  purchase  not  .exceeding  160 
acres,  to  be  taken  as  near  as  practicable  in  a  square  form,  of  such  land 
at  $2.50  per  acre:  Provided,  That  in  case  more  than  one  person,  asso- 
ciation, or  corporation  shall  claim  the  same  tract  of  land  the  person, 
association,  or  corporation  having  the  prior  claim  by  reason  of  pos- 
session and  continued  occupation  shall  be  entitled  to  purchase  the 
same;  but  the  entry  of  no  person,  association,  or  corporation  shall 
include  improvements  made  bv  or  in  possession  of  another  prior  to  the 
passage  of  this  act.    (Act  of  Mar.  3,  1891,  26  Stat.  1100.) 

Charlton  Code,  page  36,  section  12. 

Sec.  92f.  It  shall  be  the  duty  of  any  person,  association,  or  cor- 
poration entitled  to  purchase  land  under  this  act  to  make  an  appli- 
cation to  the  United  States  marshal,  ex  ofhcio  surveyor  general  of 
Alaska,  for  an  estimate  of  the  cost  of  making  a  survey  of  the  lands 
occupied  by  such  person,  association,  or  corporation,  and  the  cost  of 
the  clerical  work  necessary  to  be  done  in  the  office  of  the  said  United 
States  marshal,  ex  officio  surveyor  general;  and  on  the  receipt  of 
such  estimate  from  the  United  States  marshal,  ex  officio  surveyor 
general,  the  said  person,  association,  or  corporation  shall  deposit 
the  amount  in  a  United  States  depository,  as  is  required  by  section 
2401,  Revised  Statutes,  relating  to  deposits  for  surveys. 

That  on  the  receipt  by  the  United  States  marshal,  ex  officio  sur- 
veyor general,  of  the  said  certificates  of  deposit  he  shall  employ  a 
competent  person  to  make  such  survey,  under  such  rules  and  regu- 
lations as  may  be  adopted  by  the  Secretary  of  the  Interior,  who  shall 
make  his  return  of  his  field  notes  and  maps  to  the  office  of  the  said 
United  States  marshal,  ex  officio  surveyor  general;  and  the  said 
United  States  marshal,  ex  officio  surveyor  general,  shall  cause  the 
said  field  notes  and  plats  of  sucli  survey  to  be  examined,  and,  if  cor- 
rect, approve  the  same,  and  shall  transmit  certified  copies  of  such 
maps  and  plats  to  the  office  of  the  Commissioner  of  the  General  Land 
Office. 

That  when  the  said  field  notes  and  plats  of  said  survey  shall  have 
been  approved  by  the  said  Commissioner  of  the  General  Land  Office, 
he  shall  notify  such  person,  association,  or  corporation,  who  shall  then, 
within  six  months  after  such  notice,  pay  to  the  said  United  States 
marshal,  ex  officio  surveyor  general,  for  such  land,  and  patent  shall 
issue  for  the  same.    (Act  of  Mar.  3,  1891,  26  Stat.  1095,  p.  1100.) 

Sec.  92|.  None  of  the  provisions  of  the  last  two  preceding  sec- 
tions of  this  act  shall  be  so  construed  as  to  warrant  the  sakx  of  any 
lands  belonging  to  the  United  States  which  shaU  contain  coal  or  the 
precious  metals,  or  any  town  site,  or  which  shall  be  occupied  b  v  the 


ALASKA  COMPILED  LAWS,  PP.  861-913. 


869 


United  States  for  public  purposes,  or  which  shall  bo  reserved  for  such 
purposes,  or  to  which  the  natives  of  Alaska  have  prior  rights  by  virtue 
of  actual  occupation,  or  which  shall  be  selected  dv  the  United  States 
Commissioner  of  Fish  and  Fisheries  on  the  islands  of  Kadiak  and 
Afognak  for  the  purpose  of  establishing  hsh-culture  stations.  And 
all  tracts  of  land  not  exceeding  640  acres  ni  any  one  tract  now  occupied 
as  missionary  stations  in  said  District  of  Alaska  are  hereby  excepted 
from  the  operation  of  the  last  three  preceding  sections  of  this  act.  No 
portion  of  the  islands  of  the  Pribylov  Group  or  the  Seal  Islands  of 
Alaska  shall  be  subject  to  sale  under  this  act;  and  the  United  States 
reserves,  and  there  shall  be  reserved  in  all  patents  issued  under  the 
provisions  of  the  last  two  preceding  sections,  the  right  of  the  United 
States  to  regulate  the  taking  of  salmon  and  to  do  all  things  necessary 
to  protect  and  prevent  the  destruction  of  salmon  in  all  the  waters  of 
the  lands  granted  frequented  by  salmon.  (Act  of  Mar.  3,  1891,  26 
Stat.  1100.) 

Sec.  98.  Incorporated  cities  and  towns  shaU  have  the  right,  under 
rules  and  regulations  prescribed  by  the  Secretary  of  the  Interior,  to 
purchase  for  cemetery  and  park  purposes  not  exceeding  one-quarter 
section  of  public  lands  not  reserved  for  public  use,  such  lands  to  be 
within  3  miles  of  such  cities  or  towns:  Providea,  That  when  such 
city  or  town  is  situated  within  a  mining  district,  the  land  proposed  to 
be  taken  under  this  act  shaD.  be  considered  as  mineral  lands,  and 
patent  to  such  land  shaU  not  authorize  such  city  or  town  to  extract 
mineral  therefrom,  but  all  such  mineral  shaU  be  reserved  to  the 
United  States,  and  such  reservation  shall  be  entered  in  such  patent. 
(Act  of  Sept.  30,  1890,  26  Stat.  502.) 

Sec.  100.  That  the  Secretary  of  the  Interior,  under  such  rules  and 
regulations  as  he  may  prescribe,  may  cause  to  be  appraised  the  timber 
or  any  part  thereof  upon  public  lands  in  the  District  of  Alaska,  and 
may  from  time  to  time  sell  so  much  thereof  as  he  may  deem  proper  for 
not  less  than  the  appraised  value  thereof,  in  such  quantities  to  each 
purchaser  as  he  shall  prescribe,  to  be  used  in  the  District  of  Alaska, 
but  not  for  export  therefrom.  And  such  sales  shall  at  all  times  be 
limited  to  actual  necessities  for  consumption  in  the  District  from  year 
to  year,  and  payments  for  such  timber  shall  be  made  to  the  receiver  of 
public  moneys  of  the  local  land  office  of  the  land  district  in  which  said 
timber  may  be  sold,  under  such  rules  and  regulations  as  the  Secretary 
of  the  Interior  may  prescribe,  and  the  moneys  arising  therefrom  shall 
be  accounted  for  by  the  receiver  of  such  land  office  to  the  Commis- 
sioner of  the  General  Land  Office  in  a  separate  account,  and  shall  be 
covered  into  the  Treasury.  The  Secretary  of  the  Interior  may  per- 
mit, under  regulations  to  be  prescribed  by  him,  the  use  of  timber 
found  upon  the  public  lands  in  said  District  of  Alaska  by  actual  set- 
tlers, residents,  mdividual  miners,  and  prospectors  for  minerals,  for 
firewood,  fencing,  buildings,  mining,  prospecting,  and  for  domestic 
purposes,  as  may  actually  be  needed  by  such  persons  for  such  purposes. 
(Act  of  May  14,  1898,  30  Stat.  414.) 

Sec.  101.  That  all  the  provisions  of  the  homestead  laws  of  the 
United  States  not  in  conflict  with  the  provisions  of  this  act,  and  all 
rights  incident  thereto,  are  hereby  extended  to  the  District  of  Alaska, 
subject  to  such  regulations  as  may  be  made  by  the  Secretary  of  the 
Interior;  and  no  indemnity,  deficiency,  or  lieu  land  selections  pertain- 
ing to  any  land  grant  outside  of  the  District  of  Alaska  shall  be  made, 


870  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

and  no  land  script  or  land  warrant  of  any  kind  whatsoever  shall  be 
located  wdthin  or  exercised  upon  any  lands  in  said  District,  except  as 
now  provided  by  law:  And  provided  further,  That  no  more  than  160 
acres  shall  be  entered  in  any  single  body  by  such  script,  lieu  selec- 
tion, or  soldier's  additional  homestead  right :  And  provided  further, 
That  no  location  of  script,  selection,  or  right  along  any  navigable 
or  other  waters  shall  be  made  within  the  distance  of  80  rods  of  any 
lands,  along  such  waters,  theretofore  located  by  means  of  any  such 
script  or  otherwise:  And  provided  further.  That  no  commutation 
privileges  shall  be  allowed  in  excess  of  160  acres  included  in  any 
homestead  entry  under  the  provisions  hereof:  Provided,  That  no 
entry  shall  be  allowed  extending  more  than  160  rods  along  the  shore 
of  any  navigable  water,  and  along  such  shore  a  space  of  at  least  80 
rods  shall  be  reserved  from  entry  between  all  such  claims;  and  that 
nothing  herein  contained  shall  be  so  construed  as  to  authorize  entries 
to  be  made  or  title  to  be  acquired  to  the  shore  of  any  navigable 
waters  within  said  District ;  and  no  patent  shall  issue  hereunder  until 
all  the  requirements  of  sections  2291,  2292,  and  2305  of  the  Revised 
Statutes  of  the  United  States  have  been  fully  complied  with  as  to 
residence,  improvements,  cultivation,  and  proof,  except  as  to  com- 
muted lands  as  herein  provided:  And  provided  always.  That  no 
title  shall  be  obtained  hereunder  to  any  of  the  mineral  or  coal  lands 
of  the  District  of  Alaska:  And  it  is  further  provided,  That  any  bona 
fide  settler  under  the  preemption,  homestead,  or  other  settlement 
law,  shall  have  the  right  to  transfer,  by  warranty  against  his  own 
act,  any  portion  of  his  claim  for  church,  cemetery,  or  school  purposes, 
or  for  the  right  of  way  of  railroads,  telegraph,  telephones,  canals, 
reservoirs,  or  ditches  for  irrigation  or  drainage  across  it;  and  the 
transfer  for  such  public  purposes  shall  in  no  way  vitiate  the  right  to 
complete  and  perfect  the  title  to  his  claim.  (Act  of  Mar.  3,  1903, 
32  Stat.  1028.) 

A.  HOMESTEAD  AND  MINERAL  CLAIMANTS— CHARACTER  OF  LAND 
DETERMINED  BY  LAND  OFFICE. 

This  amendment,  like  the  original  act,  does  not  require  a  suit  to  quiet  title  in  a 
contest  between  a  homestead  settler  and  the  locator  of  a  mineral  claim  concerning 
the  mineral  or  nonmineral  character  of  the  land  in  controversy,  as  the  jurisdiction 
of  the  Land  Office  to  determine  these  questions  remains  unchanged. 

Nelson  v.  Brownell,  193  Fed.  641,  p.  644. 
Follow  Lasley  v.  Brownell,  199  Fed.  772. 

Section  107  is  the  same  as  35  Stat.  844,  and  is  with  coal  sections  2347-2352  R.  S.,  p.  812. 

Sec.  124.  That  suits  by  the  United  States  to  vacate  and  annul  any 
patent  heretofore  issued  shall  only  be  brought  within  five  years  from 
the  passage  of  this  act,  and  suits  to  vacate  and  annul  patents  here- 
after issued  shall  only  be  brought  within  six  years  after  the  date  of 
the  issuance  of  such  patents.  And  in  the  District  of  Alaska,  in  any 
criminal  prosecution  or  civil  action  by  the  United  States  for  a  tres- 
pass on  such  public  timberlands  or  to  recover  timber  or  lumber  cut 
thereon  it  shall  be  a  defense  if  the  defendant  shall  show  that  the 
said  timber  was  so  cut  or  removed  from  the  timberlands  for  use  in 
such  State  or  Territory  by  a  resident  thereof  for  agricultural,  min- 
ing, manufacturing,  or  domestic  purposes  under  rules  and  regula- 
tions made  and  prescribed  by  the  Secretary  of  the  Interior  and  has 


ALASKA  COMPILED  LAWS;  PP.  861-913. 


871 


not  been  transported  out  of  the  same,  but  nothing  lierein  contained 
shall  operate  to  enlarge  the  rights  of  any  railway  company  to  cut 
timber  on  the  public  domain,  provided  that  the  Secretary  of  the 
Interior  may  make  suitable  rules  and  regulations  to  carry  out  the 
provisions  of  this  act,  and  he  may  designate  the  sections  or  tracts  of 
land  where  timber  may  be  cut,  and  it  shall  not  be  lawful  to  cut  or 
remove  any  timber,  except  as  may  be  prescribed  by  such  rules  and 
regulations,  but  this  act  shall  not  operate  to  repeal  the  act  of  June 
3,  1878,  providing  for  the  cutting  of  timber  on  mineral  lands.  (Act 
of  Mar.  3,  1891,  26  Stat.  1093.) 

Sec.  128g.  That  *  *  *  unreserved  public  lands  of  the  United 
States,  exclusive  of  Alaska,  which  have  been  withdrawn  or  classified 
as  coal  lands,  or  are  valuable  for  coal,  shall    *    *    *    be  subject 

*  *  *  to  disposition  *  *  *  under  the  laws  providing  for  the 
sale  of  isolated  or  disconnected  tracts  of  public  lands,  but  there  shall 
be  a  reservation  to  the  United  States  of  the  coal  in  such  lands  so 

*  *  *  sold,  and  of  the  right  to  prospect  for,  mine,  and  remove  the 
same  in  accordance  with  the  provisions  of  the  act  of  June  22,  1910, 
and  such  lands  shall  be  subject  to  all  the  conditions  and  limitations 
of  said  act.    (Act  of  Apr.  30,  1912,  37  Stat.  105.) 

Sec.  129.  The  laws  of  the  United  States  relating  to  mining  claims, 
mineral  locations,  and  rights  incident  thereto  are  hereby  extended  to 
the  District  of  Alaska:  Provided,  That  subject  only  to  such  general 
limitations  as  may  be  necessary  to  exempt  navigation  from  artificial 
obstructions  all  land  and  shoal  water  between  low  and  mean  high 
tide  on  the  shores,  bays,  and  inlets  of  Bering  Sea,  within  the  juris- 
diction of  the  United  States,  shall  be  subject  to  exploration  and  min- 
ing for  gold  and  other  precious  metals  by  citizens  of  the  United  States, 
or  persons  who  have  legally  declared  their  intentions  to  become  such, 
under  such  reasonable  rules  and  regulations  as  the  miners  in  organ- 
ized mining  districts  may  have  heretofore  made  or  may  hereafter 
make  governing  the  temporary  possession  thereof  for  exploration 
and  mining  purposes  until  otherwise  provided  by  law:  Provided  fur- 
ther, That  the  rules  and  regulations  established  by  the  miners  shall 
not  be  in  conflict  with  the  mining  laws  of  the  United  States;  and  no 
exclusive  permit  shall  be  granted  by  the  Secretary  of  War  author- 
izing any  person  or  persons,  corporation  or  company  to  excavate  or 
mine  under  any  of  said  waters  below  low  tide,  and  if  such  exclusive 
permit  has  been  granted  it  is  hereby  revoked  and  declared  null  and 
void;  but  citizens  of  the  United  States  or  persons  who  have  legally 
declared  their  intention  to  become  such  shall  have  the  right  to  dredge 
and  mine  for  gold  or  other  precious  metals  in  said  waters,  below  low 
tide,  subject  to  such  general  rules  and  regulations  as  the  Secretary 
of  War  may  prescribe  for  the  preservation  of  order  and  the  protection 
of  the  interests  of  commerce;  such  rules  and  regulations  shall  not, 
however,  deprive  miners  on  the  beach  of  the  right  hereby  given  to 
dump  tailings  into  or  pump  from  the  sea  opposite  their  claims,  ex- 
cept where  such  dumping  would  actually  obstruct  navigation,  and 
the  reservation  of  a  roadway  60  feet  wide,  under  the  tenth  section  of 
the  act  of  May  14,  1898,  entitled  ^'An  act  extending  the  homestead 
laws  and  providing  for  right  of  way  for  railroads  in  the  District  of 
Alaska,  and  for  other  purposes/'  (30  Stat.  413),  shall  not  apply  to 
mineral  lands  or  town  sites.  (Act  of  June  6,  1900,  31  Stat.  321,  p. 
329.) 

See  sec.  190,  p.  886. 


872  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


A.  ALASKA  GOVERNMENT  ACT. 

1.  Mineral  laws  extended  to  Alaska. 

2.  Water  rights  laws  extended  to  Alaska. 

3.  Laws  of  Oregon  extended  to  Alaska — Effect. 

4.  Department  regulations — Effect  in  Alaska. 

5.  Purpose  of  act  as  to  mining  claims. 

6.  Effect  on  title  and  possession  of  mining  claims. 

7.  Location  certificate  admissible  in  evidence. 

8.  Lands  above  high  tide  open  to  location. 

9.  Tide  lands  not  open  to  location. 

10.  Roadways  on  water  fronts — ^Application  to  mineral 
lands  and  mill  sites. 

1.  mineral  laws  extended  to  alaska. 

The  provisions  of  the  mineral  laws  of  the  United  States  were  by  this  act  extended 
to  Alaska. 

Bennett  v.  Harkrader,  158  U.  S.  441,  p.  444. 
Meydenb"auer  v.  Stevens,  78  Fed.  787,  p.  789. 
Price  V.  Mcintosh,  1  Alaska  286,  p.  289. 

Aurora  Lode  v.  Bulger  Hill  and  Nugget  Gulch  Placer,  23  L.  D.  95. 

Brady,  In  re,  26  L.  D.  305,  p.  309. 

Logan,  In  re,  29  L.  D.  395. 

Low  V.  Katalla  Co.,  40  L.  D.  534,  p.  537. 

The  laws  relative  to  the  possession,  incident  rights,  and  disposal  of  mining  lands 
were  made  operative  in  the  District  of  Alaska  in  1884,  but  none  of  the  numerous 
other  laws  relating  to  the  disposal  of  public  lands  elsewhere  were  put  in  force  there. 

McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  97  Fed.  670,  p.  679. 
Griffin  v.  American  Gold  Min.  Co.,  136  Fed.  69,  p.  70. 
Tyee  Consol.  Min.  Co.  v.  Langstedt,  136  Fed.  124. 
Brady,  In  re,  26  L.  D.  305,  p.  308. 

This  act  providing  for  a  government  for  Alaska  made  it  a  land  district  of  the  United 
States  over  which  was  extended  only  the  mineral  laws  of  the  United  States. 
Goldstein  v.  Juneau  Townsite,  23  L.  D.  417,  p.  419. 

By  section  8  the  laws  of  the  United  States  relating  to  mining  claims  were  declared 
to  be  in  full  force  and  effect  in  the  District  of  Alaska,  but  this  was  superseded  by 
the  act  of  June  6,  1900  (31  Stat.  321,  sec.  26),  which  extended  the  mining  laws  of  the 
United  States  to  the  Territory  of  Alaska. 

Madigan  v.  Kougarok  Min.  Co.  3  Alaska  63,  p.  69. 

McFarland  v.  Alaska  Perseverance  Min.  Co.,  3  Alaska  308,  p.  319. 

By  section  26  of  the  Alaska  civil  government  act  (31  Stat.  321,  p.  380),  the  min- 
ing laws  of  the  United  States  were  extended  to  the  Territory  of  Alaska,  and  this  was  a 
reenactment  of  a  provision  of  the  act  of  May  17, 1884  (23  Stat.  24),  by  which  the  United 
States  mining  laws  were  declared  to  be  in  full  force  and  effect  in  the  District  of  Alaska. 

Madigan  v.  Kougarok  Min.  Co.,  3  Alaska  63,  p.  68. 

McFarland  v.  Alaska  Perseverence  Min.  Co.,  3  Alaska  308,  p.  325. 

2.  WATER  RIGHTS  LAWS  EXTENDED  TO  ALASKA. 

Section  8  of  the  act  of  May  17,  1884  (23  Stat.  24)  puts  in  force  in  Alaska  the  mining 
laws  of  the  United  States,  including  section  2339  R.  S.,  and  the  similar  portions  of  the 
act  of  July  26,  1866  (14  Stat.  251). 

McFarland  v.  Alaska  Perseverance  Min.  Co.,  3  Alaska  308,  p.  323. 


ALASKA  COMPIIJ:!)  LAWS,  PP.  8(31-913. 


873 


Congress,  the  miners  of  Alaska,  and  the  courts  of  Alaska  have  acted  upon  th(;  con- 
struction that  Congress  had  extended  to  Alaska,  section  2\VAd  II.  S.,  providing  for  the 
appropriation  and  use  of  water  for  mining  and  other  purj)oses. 

McFarland  v.  Alaska  Perseverance  Min.  Co.,  3  Alaska  308,  p.  327. 

Noland  v.  Coon,  1  Alaska  3G. 

Revenue  Min.  Co.  v.  lialderstou,  2  Alaska  363. 

Miocene  Ditch  Co.  v.  Jacobsen,  2  Alaska  567. 

Miocene  Ditch  Co.  v.  Moore,  150  Fed.  483. 

3.  LAWS  OF  OREGON  EXTENDED  TO  ALASKA  EFFECT. 

Section  7  provides  that  the  general  laws  of  the  State  of  Oregon  shall  be  in  force  in 
Alaska  so  far  as  consistent  with  the  laws  of  the  United  States. 

Alaska  Exploration  Co.  v.  Northern  Min.,  etc.,  Co.,  152  Fed.  145. 

The  seventh  section  of  this  act  put  in  force  in  Alaska  the  general  laws  of  the  State  of 
Oregon,  and  in  an  action  for  the  possession  for  a  mining  claim  a  general  finding  for  the 
plaintiff  under  the  laws  of  Oregon  is  sufficient  to  support  a  judgment  for  the  plaintiff, 
taken  in  connection  with  the  allegations  of  his  complaint. 

Bennett  v.  Harkrader,  158  U.  S.  441,  p.  446. 

See  Deeney  v.  Mineral  Creek  Mill.  Co.,  11  N.  Mex.  279,  p.  287. 

4.  DEPARTMENT  REGULATIONS  EFFECT  IN  ALASKA. 

Under  this  act  the  rules  and  regulations  of  the  General  Land  Office  and  the  Depart- 
ment of  the  Interior  governing  the  administration  of  the  mining  laws  are  extended  to 
Alaska. 

Mining  Regulations  for  Alaska,  In  re,  4  L.  D.  128. 

Local  rules  and  regulations  adopted  by  miners  in  1880  could  have  no  legal  force  or 
effect  after  the  approval  of  this  act. 
McFarland  v.  Alaska  Perseverance  Min.  Co.,  3  Alaska  308,  p.  320. 

5.  PURPOSE  OF  ACT  AS  TO  MINING  CLAIMS. 

The  purpose  of  Congress  in  this  act  was  to  secure  to  parties  who  were  in  actual  pos- 
session of  mining  claims  in  Alaska  the  privilege  of  acquiring  full  title  thereto,  notwith- 
standing the  failure  to  take  full  steps  required  by  the  general  mining  laws  of  the  United 
States  with  reference  to  such  location. 

Bennett  v.  Harkrader,  158  U.  S.  441,  p.  445. 

This  act  guarantees  not  only  to  parties  who  have  located  mining  claims  under  the 
laws  of  the  United  States  but  to  those  who  have  occupied  and  improved  or  exercised 
acts  of  ownersliip  over  such  claims  the  right  to  perfect  their  title. 

Bennett  v.  Harkrader,  158  U.  S.  441,  p.  445. 
Behrends  v.  Goldsteen,  1  Alaska  518,  p.  526. 

By  this  section  Congress  guaranteed  to  all  persons  in  possession  of  lands  in  Alaska  at 
the  date  of  its  enactment  the  right  ultimately  to  acquire  a  perfect  title  to  the  same, 
even  as  against  mineral  claimants. 

Young  V.  Goldsteen,  97  Fed.  303,  p.  308. 

The  provisions  of  this  act  are  intended  to  prevent  the  injustice  of  suddenly  introduc- 
ing a  statute  of  limitations  into  a  new  country  and  to  preserve  whatever  existing  rights 
there  may  be  at  the  time  of  the  enactment  and  give  the  owners  of  mining  claims  and 
others  one  year  within  which  to  submit  their  claims  and  title  to  such  property  to  a  court 
for  determination. 

Tyee  Consol.  Min.  Co.  v.  Jennings,  137  Fed.  863,  p.  865. 

56974°— Bull.  94,  pt  2—15  4 


874 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


6.  EFFECT  ON  TITLE  AND  POSSESSION  OF  MINING  CLAIMS. 

The  title  to  all  lands  in  Alaska,  mineral  and  nonmineral,  was  in  the  Federal  Govern- 
ment prior  to  May  17,  1884,  and  persons  making  improvements  on  any  such  lands  had 
a  possessory  title  only  to  the  premises  occupied  and  improved,  and  mineral  claimants 
had  no  different  right  or  title  than  that  of  nonmineral  claimants. 

Young  V.  Goldsteen,  97  Fed.  303,  p.  307. 

7.  LOCATION  CERTIFICATE  ADMISSIBLE  IN  EVIDENCE. 

Under  the  statute  as  applied  to  the  Territory  of  Alaska  a  location  certificate  is  admis- 
sible in  evidence  in  a  controversy  over  a  mining  claim  for  the  purpose  of  showing  the 
time  when  possession  was  taken,  and  as  tending  to  show  the  property  described,  and 
the  property  of  wliich  possession  was  taken,  and  especially  where  the  complaint  con- 
tains an  accurate  description  of  the  property. 

Bennett  v.  Harkrader,  158  U.  S.  441,  pp.  443,  445. 

8.  LANDS  ABOVE  HIGH  TIDE  OPEN  TO  LOCATION. 

Lands  lying  on  a  beach  above  the  line  of  ordinary  high  tide  are  public  lands  of  the 
United  States,  and,  if  mineral  in  character,  can  be  located,  occupied,  and  held  under  the 
mining  laws  as  extended  to  Alaska,  except  where  a  roadway  is  located  parallel  to  the 
shore  line  and  reserved  for  the  use  of  the  public,  under  the  act  of  May  14,  1898  (30  Stat. 
409,  p.  413). 

Logan,  In  re,  29  L.  D.  395. 

9.  TIDE  LANDS  NOT  OPEN  TO  LOCATION. 

Mineral  lands  lying  below  the  line  of  ordinary  high  tide  in  Alaska  are  not  open  to 
location  and  occupation  under  the  mining  laws,  and  the  Land  Department  is  without 
authority  to  grant  any  concessions  whatever  as  to  working  of  such  tidelands  for  mining 
purposes. 

Logan,  In  re,  29  L.  D.  395,  p.  397. 

Congress,  by  this  specific  enactment  (Sec.  26,  31  Stat.  321,  p.  329),  made  the  land 
between  low  and  mean  high  tide  on  the  shores,  bays,  and  inlets  of  Bering  Sea  subject 
to  exploration  and  mining  for  gold  and  other  precious  metals,  but  did  not  extend  this 
provision  to  other  shore  lands  in  Alaska,  nor  to  the  banks  of  navigable  rivers. 

Heine  v.  Roth,  2  Alaska  416,  p.  425. 

10.  ROADWAYS  ON  WATER  FRONTS — APPLICATION  TO  MINERAL  LANDS 

AND  MILL  SITES. 

The  60-foot  roadway  reserved  by  section  10  of  the  act  of  May  14,  1898  (30  Stat.  409,  p. 
413),  does  not  apply  to  mineral  lands. 

Alaska  Mildred  Gold  Min.  Co..  In  re,  42  L.  D.  255,  p.  258. 

A  mill-site  claim  being  nonmineral  land  does  not  come  within  the  reservation  of  sec- 
tion 26,  31  Stat.  321,  p.  330,  and  under  the  tenth  section  of  the  act  of  May  14,  1898 
(30  Stat.  409,  p.  413),  reserving  a  60-foot  roadway  along  a  navigable  water  front,  the 
shore-ward  boundaries  of  a  mill  site  can  not  lawfully  be  laid  within  60  feet  of  the 
water's  edge. 

Alaska  Copper  Co.,  In  re,  32  L.  D.  128,  p.  131. 


ALASKA  COM  PIT  J-:  1)  T.AWS,  PP.  cS()l-U13. 


875 


Sec.  120a.  Tliat  no  association  placcr-mininjjj  claim  shall  hereafter 
be  located  in  Alaska  in  excess  of  40  acres,  and  on  every  placer-mining 
claim  hereafter  located  in  Alaska,  and  until  a  patent  has  been  issued 
therefor,  not  less  than  $100  worth  of  labor  sliall  be  performed  or  im- 
provements made  during  each  year,  incliuUng  tlie  year  of  location, 
for  each  and  every  20  acres  or  excess  fraction  tliereof .  (Act  of  Aug. 
1,  1912,  37  Stat.  242.) 

Sec.  129b.  That  no  person  shall  hereafter  locate  any  placer-min- 
ing claim  in  Alaska  as  attorney  for  another  imless  he  is  didy  author- 
ized thereto  by  a  power  of  attorney  in  writing,  duly  acknowledged 
and  recorded  in  any  recorder's  olhce  in  the  judicial  division  where  the 
location  is  made.  Any  person  so  authorized  may  locate  placer-min- 
ing claims  for  not  more  than  two  individuals  or  one  association  under 
such  power  of  attorney,  but  no  such  agent  or  attorney  shall  be  author- 
ized or  permitted  to  locate  more  than  two  placer-mming  claims  for 
any  one  principal  or  association  during  any  calendar  month,  and  no 
placer-mining  claim  shall  hereafter  be  located  in  Alaska  except  under 
the  limitations  of  this  act.    (Act  of  Aug.  1,  1912,  37  Stat.  242.) 

Sec,  129c.  That  no  person  shall  hereafter  locate,  cause  or  procure  to 
be  located,  for  himself  more  than  two  place r-mining- claims  in  any 
calendar  month:  Provided,  That  one  or  both  of  such  locations  may 
be  included  in  an  association  claim.  (Act  of  Aug.  1,  1912,  37  Stat. 
242.) 

Sec.  129d.  That  no  placer-mining  claim  hereafter  located  in  Alaska 
shall  be  patented  which  shall  contain  a  greater  area  than  is  fixed  by 
law,  nor  which  is  longer  than  three  times  its  greatest  width.  (Act  of 
Aug.  1,  1912,  37  Stat.  242.) 

Sec.  129e.  That  any  placer-mining  claim  attempted  to  be  located 
in  violation  of  this  act  shall  be  null  and  void,  and  the  whole  area 
thereof  may  be  located  by  any  qualified  locator  as  if  no  such  prior 
attempt  had  been  made.    (Act  of  Aug.  1,  1912,  37  Stat.  242.) 

A.  PLACER  CLAIMS— ALASKA. 

1.  Locations  must  comply  with  this  act. 

2.  Excessive  area — Invalidity. 

3.  Number  located  each  month. 

4.  Locations  by  agents — Authority  and  power. 

5.  Application  for  patent — Form  and  sufficiency. 

6.  Number  of  claims  included  in  application. 

7.  Surveyor  general — Duties  to  survey. 

8.  Amount  of  annual  expenditures — Time  of  performance. 

1.  locations  must  comply  with  this  act. 

Any  attempted  placer  location  not  made  in  conformity  with  this  statute  is  a  nul- 
lity, and  the  land  covered  thereby  is  subject  to  proper  location  at  any  time. 
Placer  Min.  Claims  in  Alaska,  In  re,  41  L.  D.  337,  p.  349. 

A  placer-mining  claim  can  not  lawfully  be  located  except  in  compliance  with  and 
under  the  limitations  of  this  act. 

Placer  Min.  Claims  in  Alaska,  In  re,. 41  L.  D.  337,  p.  348. 


876  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


2.  EXCESSIVE  AREA — INVALIDITY. 

Section  129d  prohibits  the  patenting  of  any  placer-mining  claims  located  in  Alaska 
which  contains  a  greater  area  than  that  fixed  by  law  or  which  is  longer  than  three 
times  its  greatest  width. 

Placer  Min.  Claims  in  Alaska,  In  re,  41  L.  D.  347,  p.  349. 

3.  NUMBER  LOCATED  EACH  MONTH. 

Whenever  a  person  or  association  has  participated  in  the  location  of  two  placer- 
mining  claims  in  Alaska  in  any  calendar  month,  the  right  of  such  person  or  associa- 
tion is  thereby  exhausted  for  the  particular  month. 

Placer  Min.  Claims  in  Alaska,  In  re,  41  L.  D.  347,  p.  349. 

One  of  the  purposes  of  this  act  is  to  limit  the  number  of  placer-mining  locations 
that  can  be  made  in  Alaska  through  agents  or  attorneys  and  the  number  of  locations 
can  not  exceed  the  limitations  expressed  in  the  act. 

Placer  Min.  Claims  in  Alaska,  In  re,  41  L.  D.  347,  p.  348. 

4.  LOCATIONS  BY  AGENTS  AUTHORITY  AND  POWER. 

If  a  location  is  made  by  an  agent  or  attorney  the  power  of  attorney  must  be  in  writ- 
ing and  must  be  executed  and  acknowledged  in  accordance  with  the  laws  of  Alaska, 
or  of  the  State,  Territory,  or  District  in  which  it  shall  be  executed,  and  such  power 
must  be  recorded  in  the  proper  recorder's  ofiice  and  a  certified  copy  must  accompany 
the  application  for  patent  and  may  be  attached  to  and  made  a  part  of  the  abstract 
of  title. 

Placer  Min.  Claims  in  Alaska,  In  re,  41  L.  D.  347,  p.  348. 

An  authorized  agent  or  attorney  can  act  in  making  locations  of  placer-mining  claims 
for  two  individual  principals  or  one  association  principal  only  during  any  calendar 
month,  and  during  such  period  may  not  lawfully  locate  more  than  two  claims  for 
any  one  principal,  either  individual  or  association. 

Placer  Min.  Claims  in  Alaska,  In  re,  41  L.  D.  347,  p.  348. 

5.  APPLICATION  FOR  PATENT — FORM  AND  SUFFICIENCY. 

Application  for  patent  under  this  act  should  be  accompanied  by  the  sworn  state- 
ment of  the  agent  or  attorney  setting  forth  specifically  the  names  of  all  placer-min- 
ing claims  located  or  attempted  to  be  located  by  him  under  powers  of  attorney  dur- 
ing the  calendar  month  in  which  any  such  claim  was  located,  and  should  state  the 
date  of  location  and  the  names  of  the  locators. 

Placer  Min.  Claims  in  Alaska,  In  re,  41  L.  D.  347,  p.  348. 

6.  NUMBER  OF  CLAIMS  INCLUDED  IN  APPLICATION. 

This  act  does  not  affect  the  number  of  claims,  either  lode  or  placer,  and  if  placer, 
whether  located  before  or  after  the  passage  of  the  act,  that  may  be  included  in  a  single 
application  for  patent. 

Placer  Min.  Claims  in  Alaska,  In  re,  41  L.  D.  347,  p.  349. 

7.  SURVEYOR  GENERAL — DUTIES  TO  SURVEY. 

The  surveyor  general  must  observe  the  requirements  as  to  the  dimensions  of  a  placer 
claim  in  Alaska  and  must  not  approve  any  survey  of  a  placer  location  which  does  not 
in  area  and  dimensions  conform  to  the  provisions  of  law. 

Placer  Min.  Claims  in  Alaska,  In  re,  41  L.  D.  347,  p.  349. 


ALASKA  COMPILED  LAWS,  PP.  801-013. 


877 


8.    AMOUNT    OF    ANNUAL    EXPENDITURES  TIME    OF  PERFORMANCE. 

The  amount  of  annual  expenditure  on  a  placer  claim  is  dependent  upon  the  size  of 
the  claim,  but  at  least  |100  must  be  expended  for  each  20  acres,  or  excess  fraction 
thereof,  embraced  in  the  location. 

Placer  Min.  Claims  in  Alaska,  In  re,  41  L.  D.  347,  p.  348. 

The  first  annual  expenditure  on  a  placer  mining  location  must  be  accomplished  for 
and  during  the  calendar  year  during  which  the  claim  was  located  instead  of  the  calen- 
dar year  succeeding  that  in  which  the  location  was  made. 

Placer  Min.  Claims  in  Alaska,  In  re,  41  L.  D.  347,  p.  348. 

Sections  130  to  138,  inclusive,  are  the  same  as  sections  2318  to  2326  R.  S.,  inclusive,  pp.  1-503. 

Sec.  139.  The  description  of  vein  or  lode  claims  upon  surveyed 
lands  shall  designate  the  location  of  the  claims  with  reference  to  the 
lines  of  the  public  survey,  but  need  not  conform  therewith;  but  where 
patents  have  been  or  shall  be  issued  for  claims  upon  unsurveyed  lands, 
the  surveyor  general,  in  extending  the  public  survey,  shall  adjust  the 
same  to  the  boundaries  of  said  patented  claims  so  as  in  no  case  to 
interfere  with  or  change  the  true  location  of  such  claims  as  they  are 
officially  established  upon  the  ground.  Where  patents  have  issued  for 
mineral  lands,  those  lands  only  shall  be  segregated  and  shall  be 
deemed  to  be  patented  which  are  bounded  by  the  lines  actually 


of  the  official  survey  upon  which  til  e  patent  grant  is  based,  and  sur- 
veyors general  in  executing  subsequent  patent  surveys,  whether  upon 
surveyed  or  unsurveyed  lands,  shall  be  governed  accordingly.  The 
said  monuments  shall  at  all  times  constitute  the  highest  authority 
as  to  what  land  is  patented,  and  in  case  of  any  conflict  between  the 
said  monuments  of  such  patented  claims  and  the  descriptions  of  said 
claims  in  the  patents  issued  therefor  the  monuments  on  the  ground 
shall  govern,  and  erroneous  or  inconsistent  descriptions  or  calls  in  the 
patent  descriptions  shall  give  way  thereto.  (Act  of  Apr.  28,  1904, 
33  Stat.  545.) 

See  sec.  2327  R.  S. 

Sections  140  to  148,  inclusive,  are  the  same  as  sections  2328  to  2336  R.  S.,  inclusive,  pp.  500-592. 

Section  152  is  the  same  as  section  2340  R.  S.,  p.  622. 

Section  153  is  the  same  as  amendment  2  of  section  2324  R.  S.,  p.  282. 

Section  154  is  the  same  as  amendment  3  of  section  2324  R.  S.,  p.  282. 

Section  155  is  the  same  as  amendment  4  of  section  2324  R.  S.,  p.  283. 

Section  156  is  the  same  as  amendment  1  of  section  2325  R.  S.,  p.  426. 

Section  157  is  the  same  as  amendment  1  of  section  2326  R.  S.,  p.  496. 

Sections  158  and  159  are  the  same  as  amendment  2  of  section  2320  R.  S.,  p.  502. 

Section  160  is  the  same  as  35  Stat.  645,  chap.  180,  Settlers'  relief,  p.  1234. 

Sec.  161.  The  President  may,  at  any  time  in  his  discretion,  tempo- 
rarily withdraw  from  settlement,  location,  sale,  or  entry  any  of  the 
public  lands  of  the  United  States,  including  the  District  of  Alaska, 
and  reserve  the  same  for  water-power  sites,  irrigation,  classification 
of  lands,  or  other  pubUc  purposes  to  be  specified  in  the  orders  of 
withdrawals,  and  such  withdrawals  or  reservations  shall  remain  in 
force  until  revoked  by  him  or  by  an  act  of  Congress. 

That  all  lands  withdrawn  under  the  provisions  of  this  act  shall  at 
all  times  be  open  to  exploration,  discovery,  occupation,  and  purchase 
under  the  mining  laws  of  the  United  States,  so  far  as  the  same  apply 
to  metalliferous  minerals:  Provided,  That  the  rights  of  any  person 
who,  at  the  date  of  any  order  of  withdrawal  heretofore  or  hereafter 


marked,  defined,  and  established 


the  ground  by  the  monuments 


878  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


made,  is  a  bona  fide  occupant  or  claimant  of  oil  or  gas  bearing  lands, 
and  who,  at  such  date,  is  in  the  diligent  prosecution  of  work  leading 
to  the  discovery  of  oil  or  gas,  shall  not  be  afi'ected  or  impaired  by 
such  order  so  long  as  such  occupant  or  claimant  shall  continue  in 
diligent  prosecution  of  said  work:  Provided  further.  That  this  act 
shall  not  be  construed  as  a  recognition,  abridgment,  or  enlargement  of 
any  asserted  rights  or  claims  initiated  upon  any  oil  or  gas  bearing 
lands  after  any  withdrawal  of  such  lands  made  prior  to  June  25,  1910 : 
And  provided  further.  That  there  shall  be  excepted  from  the  force 
and  effect  of  any  withdrawal  made  under  the  provisions  of  this  act 
all  lands  which  are,  on  the  date  of  such  withdrawal,  embraced  in  any 
lawful  homestead  or  desert-land  entry  theretofore  made,  or  upon 
which  any  valid  settlement  has  been  made  and  is  at  said  date  being 
maintained  and  perfected  pursuant  to  law;  but  the  terms  of  this 
proviso  shall  not  continue  to  apply  to  any  particular  tract  of  land 
unless  the  entryman  or  settler  shall  continue  to  comply  with  the  law 
under  which  the  entry  or  settlement  was  made :  And  provided  further, 
That  hereafter  no  forest  reserve  shall  be  created,  nor  shall  any  addi- 
tions be  made  to  one  heretofore  created,  within  the  limits  of  the 
States  of  CaUfornia,  Oregon,  Washington,  Idaho,  Montana,  Colorado, 
or  Wyoming,  except  by  act  of  Congress. 

The  Secretary  of  the  Interior  shall  report  all  such  withdrawals  to 
Congress  at  the  beginning  of  its  next  regular  session  after  the  date 
of  the  withdrawals.    (Act  of  June  25,  1910,  36  Stat.  847.) 

See  34  Stat.  1271;  37  Stat.  497;  and  Withdrawals,  p.  1388. 

A.  WITHDRAWAL  OF  COAL  LANDS  IN  ALASKA. 

On  November  12,  1906,  an  order  was  made  withdrawing  all  lands  in  Alaska  from 
entry,  location,  or  filing  under  the  coal-land  laws. 

Alaskan  Coal  Lands,  In  re,  27  Op.  Atty.  Genl.  412,  p.  414. 
Coal  Lands  in  Alaska,  In  re,  35  L.  D.  572. 

Sec.  162.  During  each  year  and  until  patent  has  been  issued 
therefor,  at  least  $100  worth  of  labor  shall  be  performed  or  im- 
provements made  on,  or  for  the  benefit  or  development  of,  in  ac- 
cordance with  existing  law,  each  mining  claim  in  the  District  of  Alaska 
heretofore  or  hereafter  located.  And  the  locator  or  owner  of  such  claim 
or  some  other  person  having  knowledge  of  the  facts  may  also  make 
and  file  with  the  said  recorder  of  the  district  in  which  the  claims  shall 
be  situate  an  affidavit  showing  the  performance  of  labor  or  making 
of  improvements  to  the  amount  of  $100  as  aforesaid  and  specify- 
ing the  character  and  extent  of  such  work.  Such  affidavit  shall 
set  forth  the  following:  First,  the  name  or  number,  of  the  mining 
claims  and  where  situated;  second,  the  number  of  days'  work  done 
and  the  character  and  value  of  the  improvements  placed  thereon; 
third,  the  date  of  the  performance  of  such  labor  and  of  making  im- 
provements; fourth,  at  whose  instance  the  work  was  done  or  the 
improvements  made;  fifth,  the  actual  amount  paid  for  work  and 
improvement,  and  by  whom  paid  when  the  same  was  not  done  by 
the  owner.  Such  affidavit  shall  be  prima  facie  evidence  of  the  per- 
formance of  such  work  or  making  of  such  improvements,  but  if 
such  affidavits  be  not  filed  within  the  time  fixed  by  this  act  the  bur- 
den of  proof  shall  be  upon  the  claimant  to  establish  the  perform- 


ALASKA  COMPILED  LAWS,  PP.  SGl-OLl. 


879 


anco  of  such  annual  work  and  Hnprovomcnts.  And  upon  failure 
of  the  locator  or  owner  of  any  such  claim  to  comply  with  tlic  pro- 
visions of  this  act,  as  to  performance  of  work  and  improvements, 
such  claim  shall  become  forfeited  and  open  to  location  by  others  as 
if  no  location  of  the  same  had  ever  been  made.  The  afhdavits 
required  hereby  may  be  made  before  any  officer  authorized  to  ad- 
minister oaths,  and  the  provisions  of  sections  5392  and  5393  of  the 
Revised  Statutes  are  hereby  extended  to  such  affidavits.  Said  affi- 
davits shall  be  filed  not  later  than  90  days  after  the  close  of  the  year 
in  which  such  work  is  performed. 

The  recorders  for  the  several  divisions  or  districts  of  Alaska  shall 
collect  the  sum  of  $1.50  as  a  fee  for  the  filing,  recording,  and  index- 
ing said  annual  proofs  of  work  and  improvements  for  each  claim  so 
recorded.    (Act  of  Mar.  2,  1907,  34  Stat.  1243.) 

A.  ALASKA  MINING  CLAIMS. 

1.  Annual  assessment  work. 

2.  Affidavit  as  to  assessment  work. 

1.  ANNUAL  assessment  WORK. 

The  consequences  of  a  failure  to  complete  the  annual  assessment  or  improvement 
work  within  the  year  under  this  act  is  not  only  different  but  is  irreconcilable  with 
the  prior  mining  statutes,  and  to  that  extent,  so  far  as  it  affects  mining  claims  in  Alaska, 
it  necessarily  repeals  the  prior  law. 

Thatcher  v.  Brown,  190  Fed.  708,  p.  711. 

2.  AFFIDAVIT  AS  TO  ASSESSMENT  WORK. 

By  the  act  of  March  2,  1907  (34  Stat.  1243),  Congress  conferred  upon  the  locators  of 
mining  claims  in  Alaska  a  privilege  not  previously  given  by  the  mining  statutes, 
which  permitted  Alaskan  locators  to  file  for  record  an  affidavit  showing  the  perform- 
ance of  the  required  annual  assessment  work  and  providing  that  such  affidavit  should 
be  prima  facie  evidence  of  sucli  performance,  and  the  act  expressly  declares  that  on 
failure  of  the  locator  to  comply  with  the  provisions  of  the  act  as  to  performance  of  the 
assessment  work  the  claim  shall  become  forfeited  and  open  to  location  by  others  as  if 
no  location  of  the  same  had  ever  been  made. 

Thatcher  v.  Brown,  190  Fed.  708,  p.  710. 

Sec.  163.  In  the  District  of  Alaska  adverse  claims  authorized 
and  provided  for  in  sections  2325  and  2326,  United  States  Revised 
Statutes,  may  be  filed  at  any  time  during  the  60  days'  period  of 
publication  or  within  eight  months  thereafter,  and  the  adverse  suits 
authorized  and  provided  for  in  section  2326,  United  States  Revised 
Statutes,  may  be  instituted  at  any  time  within  60  days  after  the 
filing  of  said  claims  in  the  local  land  office.  (Act  of  June  7,  1910, 
36  Stat.  459.) 

Sec.  164.  Every  miner  or  other  laborer  who  shall  labor  in  or  upon 
any  mine  or  mining  ground  for  another  in  the  Territory  of  Alaska 
in  digging,  thawing,  conveying,  hoisting,  piling,  cleaning  up,  or  any 
other  kind  of  work  in  producing  any  mineral-bearing  sands,  gravels, 
earth,  or  rock,  gold  or  gold  dust,  or  other  minerals,  or  shall  aid  or 


880 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


assist  therein  by  his  labor  as  cook,  engineer,  fireman,  or  in  cutting 
and  delivering  wood  used  in  said  work,  or  in  work  in  any  like  capac- 
ity in  producing  the  dump,  shall,  where  his  labor  directly  aided 
in  such  production,  have  a  lien  upon  the  dump  or  mass  of  mineral- 
bearing  sands,  gravels,  earth,  or  rock,  and  all  gold  and  gold  dust, 
or  other  minerals  therein,  and  all  gold  and  gold  dust  extracted  there- 
from, for  the  full  amount  of  wages  for  all  the  time  which  he  was  so 
employed  as  such  laborer  in  producing  the  said  dump,  within  one  year 
next  preceding  his  ceasing  to  labor  thereon;  and  to  the  extent  of 
the  labor  of  the  said  miner  or  other  laborer  actually  employed  or 
expended  thereon,  within  one  year  next  prior  to  ceasing  to  labor 
thereon,  the  said  lien  shall  be  prior  to  and  preferred  over  any  deed, 
mortgage,  bill  of  sale,  attachment,  conveyance,  or  other  claim, 
whether  the  same  was  made  or  given  prior  to  such  labor  or  not: 
Provided,  That  this  preference  shall  not  apply  to  any  such  deed, 
mortgage,  bill  of  sale,  attachment,  conveyance,  or  other  claim  given 
in  good  faith  and  for  value  prior  to  the  approval  of  this  act. 

Sec.  165.  Every  laborer,  within  90  days  after  the  completion  of 
the  performance  of  the  work  or  labor  mentioned  in  the  foregoing 
section  who  shall  claim  the  benefit  thereof,  must,  personally  or  by 
some  other  person  for  him,  file  for  record  in  the  recording  precinct 
where  the  labor  was  performed  a  claim  of  lien  containing  a  state- 
ment of  his  demand  under  oath,  substantially  in  the  following  form: 
(Act  of  June  25,  1910,  36  Stat.  848.) 

Notice  op  Laborer's  Lien. 

Territory  of  Alaska,  precinct,  ss: 

 ,  claimant,  against  ,  defendant. 

Notice  is  hereby  given  that  ,  claimant,  claims  a  lien  upon  (describing 

the  dump  or  mass  of  mineral-bearing  sands,  gravels,  earth,  or  rock,  and  its  location 

with  reasonable  certainty)  in  the  precinct,  in  the  Territory  of  Alaska,  for  labor 

performed  in  (digging,  and  so  forth;  describe  the  work).    That  the  name  of  the  owner 

or  reputed  owner  of  said  property  is  ,  and  that  is  the 

owner  or  reputed  owner  of  the  mine  or  mining  ground  from  which  the  dump  or  mass 
of  mineral- bearing  sands,  gravels,  earth,  or  rock  and  the  minerals  therein  were  ex- 
tracted, and  that  employed  claimant  to  perform  such  work  and  labor 

upon  the  following  terms  and  conditions  (state  substance  of  contract,  if  any,  or  reason- 
able value);  that  said  contract  has  been  faithfully  performed  and  fully  complied  with 
on  the  part  of  the  claimant,  who  preformed  labor  thereunder  aforesaid  for  the  period 

of  days;  that  said  labor  was  performed  between  the  day  of  and  the 

 day  of  ,  and  the  rendition  of  said  service  was  closed  on  the  day  of 

 ,  and  90  days  have  not  elapsed  since  that  time;  that  the  amount  of  claimant's 

demand  for  said  service  is  ;  that  no  part  thereof  has  been  paid  (except  the  sum 

of  dollars),  and  there  is  now  due  and  remaining  unpaid  thereon,  after  deduct- 
ing all  just  credits  and  offsets,  the  sum  of  dollars,  in  which  amount  he  claims  a 

lien  upon  said  property. 

Claimant. 

Territory  of  Alaska,   precinct,  ss: 

—  ,  being  first  duly  sworn,  on  oath  deposes  and  says,  That  I  am  the  claim- 
ant (or  if  by  some  other  person  state  the  fact)  named  in  the  foregoing  claim;  that 
I  have  heard  the  same  read,  know  the  contents  thereof,  and  believe  the  same  to  be  true. 

Subscribed  and  sworn  to  before  me  this  day  of  . 

(Officer's  title.) 

Sec.  166.  The  recorder  must  record  every  claim  filed  under  the 
provisions  of  this  act  in  books  kept  by  him  for  that  purpose,  which 
record  must  be  indexed  as  deeds  and  other  conveyances  are  required 


ALASKA  COMPILED  LAWS,  I'W  H(;l-<)1:5. 


881 


by  law  to  bo  indexed,  and  for  wliich  he  Jtiay  receive  the  following  fees 
and  none  other:  For  filing,  10  cents;  for  recording,  $1;  for  indexing, 
15  cents  for  each  name. 

Sec.  167.  No  lien  provided  for  in  this  act  shall  bind  any  property 
for  a  longer  period  than  90  days  after  the  clahn  has  been  filed,  unless 
an  action  be  commenced  within  that  time  to  enforce  the  same. 

Sec.  168.  The  action  for  the  foreclosure  of  the  lien  provided  for  in 
this  act  shall  be  begun  either  in  the  district  court  or  In  the  justice's 
court  in  the  precinct  where  the  lien  was  filed  and  the  justices  of  the 
peace  in  Alaska  are  hereby  given  full  jurisdiction  in  the  foreclosure 
of  such  liens  under  the  provisions  of  this  act,  and  shall  also  have  such 
other  jurisdiction  and  power  as  is  now  conferred  on  them  by  law  in 
aid  of  the  enforcement  of  this  act,  and  the  provisions  of  section  1555 
of  chapter  71  of  the  Code  of  Civil  Procedure  now  in  force  in  Alaska  shall 
be  apphcable  to  the  jurisdiction  intended  to  be  conferred  by  this  act. 

Sec.  169.  No  mistake,  informality,  or  mere  matter  of  form  or  lack 
of  statement,  either  in  the  lien  notice  or  pleadings,  shall  be  ground 
for  dismissal  or  unnecessary  delay  in  the  action  to  foreclose  the  lien, 
but  the  lien  notice  and  pleadings  may  be  amended  at  any  time  before 
judgment,  and  section  924  of  chapter  1 1  of  the  Code  of  Civil  Procedure 
now  in  force  in  Alaska  shall  apply  to  such  amendments:  Provided, 
That  if  it  be  shown  that  a  material  statement  or  averment  has  been 
omitted  or  misstated,  it  shall  be  ground  for  a  reasonable  delay  or  con- 
tinuance to  give  the  defendant  a  reasonable  opportunity  to  meet  it 
upon  amendment. 

Sec.  170.  The  claimant  may  file  the  original  or  a  certified  copy  of 
the  notice  of  lien  in  the  district  or  justice's  court  as  the  statement  of 
his  case,  and  thereupon  the  court  or  justice  shall  issue  the  usual  sum- 
mons directed  to  the  defendant  or  defendants,  which  summons, 
together  with  a  copy  of  the  lien  notice,  shall,  by  any  ofiicer  author- 
ized to  serve  process,  be  served  upon  the  defendant  or  defendants,  as 
provided  in  sections  1782  and  1783  of  chapter  92  of  the  Code  of  Civil 
Procedure  now  in  force  in  Alaska.  The  summons  shall  require  the 
defendant  or  defendants  to  appear  before  such  court  or  justice  at  a 
time  and  a  place  to  be  named  therein,  not  less  than  6  nor  more  than 
20  days  from  the  date  thereof,  to  answer  the  demand  of  the  claimant 
in  the  said  lien  notice,  or  judgment  for  want  of  an  answer  will  be  taken 
against  them.  Service  by  pubUcation  may  be  had  pursuant  to  sections 
879  and  880  of  chapter  4  of  said  Code  of  Civil  Procedure.  The  officer 
serving  the  summons  shall  also  immediately  post  a  copy  of  said  lien 
notice  in  a  conspicuous  place  on  the  dump  or  mass  of  mineral-bearing 
sands,  gravels,  earth,  or  rock,  and  gold  and  gold  dust,  and  other  min- 
erals therein  upon  which  the  lien  is  filed,  and  from  the  moment  of  post- 
ing the  lien  notice  the  dump  or  mass  of  mineral-bearing  sands,  gravels, 
earth,  and  rock,  and  gold  and  gold  dust,  and  other  minerals  therein 
shall  be  in  the  custody  and  under  the  control  of  the  officer.  All  per- 
sons who  claim  any  interest  therein  in  opposition  to  the  lien  claimant 
may  come  in  and.  answer  and  set  up  and  defend  their  said  claims,  but 
no  claim  or  claims  of  any  owner,  lessee,  or  other  adverse  defendant 
shall  bar  the  lien  claimant  from  recovering  the  sum  due  him  for  actual 
labor  in  producing  the  said  dump  or  mass  of  mineral-bearing  sands, 
gravels,  earth,  or  rock,  or  gold  and  gold  dust,  or  other  minerals. 

Sec.  171.  Any  number  of  persons  claiming  liens  under  this  act 
may  join  in  the  same  action,  and  when  separate  actions  are  com- 


882  UNITED  STATES  MITsTING  STATUTES  ANIS^OTATED. 

menced  the  court  may  consolidate  them.  The  court  shall  also  allow, 
as  a  part  of  the  costs,  the  moneys  paid  for  filing,  recording,  and  index- 
ing the  notice  of  lien,  the  sum  of  $5  for  drawing  the  same,  and  a  reason- 
able attorney's  fee  for  each  person  claiming  a  lien,  not  to  exceed  10 
per  centum  of  the  amount  of  the  lien  established  on  judgment.  Any 
contract  or  agreement  or  any  waiver  of  any  kind  made  or  signed  by 
any  miner  or  laborer  whereby  it  is  sought  to  waive  or  abandon  his 
right  to  file  a  lien  under  this  act,  or  any  agreement  for  an  extended 
time  of  payment  whereby  the  same  end  is  sought,  shall  to  that  extent 
be  null  and  void  as  against  public  policy. 

Sec.  172.  In  such  action  judgment  must  be  rendered  in  favor  of 
each  person  having  a  laborer's  lien  for  the  amount  due  him,  and  the 
court  shall  order  the  dump  or  mass  of  mineral-bearing  sands,  gravels, 
earth,  or  rock,  and  the  gold  and  gold  dust,  and  other  minerals  therein 
subject  to  the  lien  to  be  sold  by  the  marshal  in  the  same  manner  that 
personal  property  is  sold  on  execution;  or  the  court  may,  upon  a  show- 
ing that  it  is  necessary  to  do  so  to  preserve  the  property  from  loss 
or  waste,  by  order  require  the  marshal  to  wash  up  or  extract  the  gold 
and  gold  dust  or  other  mineral  from  the  said  mineral-bearing  sands, 
gravels,  earth,  or  rock;  or  the  court  may,  by  order,  allow  the  defend- 
ant or  defendants  or  any  party  interested  to  wash  up  and  extract  the 
said  mineral,  in  the  presence  of  the  marshal  or  deputy  marshal  or 
special  officer,  who  shall  take  the  gold  or  gold  dust  or  other  minerals 
as  it  is  washed  up  and  extracted  and  return  the  same  into  court,  and 
it  shall  be  immediately  paid  out  as  foUows :  First,  the  cost  of  cleaning 
up  or  extracting  the  gold  or  gold  dust  or  other  minerals  shall  be  paid; 
second,  the  court  costs  shall  be  paid;  and,  third,  the  judgment  or  judg- 
ments so  rendered  in  favor  of  the  lien  claimants  shall  be  paid;  and  if 
there  is  not  suflacient  gold  or  gold  dust,  or  other  minerals,  or  sufficient 
moneys  obtained  from  the  sale  of  the  property  to  pay  all  claims  in 
full,  the  court  shall  apportion  the  proceeds  to  the  payment  of  such 
judgments  pro  rata:  Provided,  That  no  part  of  any  such  proceeds 
shall  be  paid  upon  any  claim  or  judgment  to  any  person  who  did  not 
actually  perform  labor  in  producing  the  dump  or  the  proceeds  thereof 
until  all  such  preferred  claims  are  paid  in  full. 

Sec.  173.  An  appeal  may  be  taken  from  a  final  judgment  of  a 
justice  of  the  peace  in  actions  instituted  under  this  act  to  the  district 
court,  in  the  manner  provided  in  chapter  97  of  the  Code  of  Civil  Pro- 
cedure now  in  force  in  Alaska,  and  upon  such  appeal  being  perfected 
the  dump  or  mass  of  mineral-bearing  sands,  gravels,  earth  and  rock, 
gold  and  gold  dust,  or  other  minerals  shall  be  washed  up  by  the  mar- 
shal or  any  party  mentioned  in  section  172  of  this  act  as  the  district 
court  may  direct,  and  all  the  gold  or  gold  dust  or  other  mineral  so 
washed  up  shall  be  paid  into  the  registry  of  the  district  court,  there  to 
await  the  final  judgment  on  appeal:  Provided,  That  the  gold  or  gold 
dust  of  other  mineral  in  excess  of  the  amount  of  the  judgment,  includ- 
ing an  additional  amount  equal  to  the  probable  accruing  costs  on 
appeal  and  two  years'  interest  at  the  legal  rate,  shall,  after  the  expira- 
tion of  90  days  from  the  time  it  was  paid  into  the  registry  of  the  district 
court,  be  released  to  the  owners  upon  a  showing  that  no  liens  have  been 
filed  against  it.  The  defendant  or  defendants,  or  any  one  or  more  of 
them,  may  deposit  cash  in  lieu  of  the  gold  or  gold  dust  on  the  dump, 
wliich  shall  remain  in  the  custody  of  the  law  until  the  final  judgment, 
and  shall  then  be  applied  in  payment  of  the  judgment  or  judgments 
rendered  on  each  lien  claims,  and  costs,  and  interest. 


ALASKA  COMPILED  f.AWS^  PP.  8(il-013. 


888 


Sec.  174.  Any  person  or  persons  wlio  shall,  after  the  copy  of  the 
notice  of  lieu  is  posted  upon  any  dump  or  mass  of  mineral-bearuig 
sands,  gravels,  earth  or  rock,  gold  and  gold  (hist,  or  ottier  mineral,  as 
provided  in  tliis  act,  and  with  knowledge  of  such  notice  of  lien,  buy, 
purchase,  wash  up,  remove,  destroy,  or  carry  away  all  or  any  part 
or  portion  of  the  same,  or  the  gold  or  gold  dust  therein,  or  who  shall 
render  it  difficult,  uncertain,  or  impossible  to  identify  the  gold  or 
gold  dust  or  other  mineral  obtained  therefrom,  shall  be  liable  to  the 
Hen  holder  for  the  full  amount  of  his  judgment  and  costs;  and  any 
person  who  shall  take  and  carry  away  all  or  any  part  or  portion  of 
said  dump  of  mineral-bearing  sands,  gravels,  earth  or  rock,  or  the 
gold  or  gold  dust  or  other  minerals  therefrom,  after  the  same  shall 
come  into  the  custody  of  the  officer,  shall  be  guilty  of  a  crime  and  shall 
be  punished  as  for  the  larceny  of  a  like  amount;  and  any  district 
attorney  in  Alaska  is  specially  required  to  immediately  cause  a  war- 
rant to  be  issued  for  the  arrest  of  any  such  person  or  persons  and  to 
prosecute  them  according  to  law.    (Act  of  June  25,  1910,36  Stat.  851.) 

Sections  1G4  to  174,  inclusive,  are  36  Stat.  848,  June  25, 1910. 

A.  ALASKA  CIVIL  CODE. 

1.  Mineral  lands — Judicial  notice. 

2.  Corporations — Pipe  lines — Appropriation  of  land. 

3.  Lien  on  mine. 

a.  Right  of  laborer. 

b.  Recovery — Attorney's  fees  and  expenses. 

c.  Enforcing  lien  against  mine — Pleading. 

1.   mineral  lands  JUDICIAL  NOTICE. 

See  sees.  G91  to  704,  pp.  903-907. 

The  proof  shows  and  the  court  takes  judicial  notice  that  the  Seward  Peninsula  in 
Alaska  is  valuable  chiefly  for  its  gold  and  other  mineral  deposits,  much  of  it  being  in 
benches  remote  from  streams,  and  that  water  is  essential  to  the  washing  out  and  pro- 
curing of  the  gold. 

Van  Dyke  v.  Midnight  Sun  Min.,  etc.,  Co.,  177  Fed.  85,  p.  88. 

2.  CORPORATIONS  PIPE  LINES  APPROPRIATION  OF  LAND. 

See  34  Stat.  584,  p.  1070. 

A  corporation  authorized  by  its  charter  to  appropriate  water  and  water  rights,  to 
build  canals,  ditches,  flumes,  and  aqueducts,  and  to  lay  pipes  for  supplying  mines  with 
water  for  the  general  use  of  the  public  in  the  district  of  Alaska  is,  upon  complying  with 
the  requirements  of  the  statute  authorizing  it  to  transact  business  in  the  District  of 
Alaska,  authorized  to  exercise  the  right  of  eminent  domain  in  Alaska  and  to  acquire 
land  for  a  public  pipe  line  to  supply  water  for  mining. 

Miocene  Ditch  Co.  v.  Lyng,  138  Fed.  544,  p.  548. 

See  Miocene  Ditch  Co.  v.  Jacobsen,  146  Fed.  680,  p.  683. 

Clark  V.  Nash,  198  U.  S.  361. 

Nash  V.  Clark,  27  Utah  158,  p.  159. 

A  corporation  organized  under  the  laws  of  the  United  States  or  the  laws  of  any  State 
or  Territory  on  compliance  with  the  requirements  of  the  Civil  Code  of  Alaska  is  entitled 
to  exercise  the  right  of  eminent  domain  in  Alaska  and  thereby  acquire  land  for  a  public 
pipe  line  to  supply  water  for  mining. 

Miocene  Ditch  Co.  v.  Lyng,  138  Fed.  544,  p.  548. 


884 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


3.  LIEN  ON  MINE. 

a.  RIGHT  OF  LABORER. 

Under  sections  262,  263,  and  265,  Alaskan  Code,  a  laborer  is  entitled  to  a  Uen  for 
his  work  in  a  mine,  though  the  mine  is  in  the  possession  of  and  is  worked  by  a  lessee, 
where  the  lease  was  not  recorded  and  the  work  was  done  for  such  lessee  with  the  knowl- 
edge and  consent  of  the  owner,  and  the  owner  gave  no  notice  disclaiming  his  responsi- 
bility, as  the  three  sections,  when  construed  together,  mean  that  the  person  in  charge 
of  the  work  is  prima  facie  deemed  to  be  the  agent  of  the  owner,  and  the  property  shall 
be  charged  with  the  lien. 

Cascaden  v.  Wimbish,  161  Fed.  241,  p.  243. 

Where  several  persons  are  employed  to  perform  work  on  a  mining  claim  and  in  a 
mine  at  a  stated  sum  per  day  and  board  they  are  all  entitled  to  a  laborer's  lien  under 
this  statute,  though  one  of  them  devoted  a  portion  of  his  time  to  cooking  for  himself 
and  the  others  and  the  remainder  of  his  time  to  work  on  the  shafts  and  tunnels. 

Cascaden  v.  Wimbish,  161  Fed.  241,  p.  245. 

See  McCormick  v.  Los  Angeles  City  Water  Co.,  40  Cal.  185. 

Laborers  employed  in  a  mine  are  entitled  to  a  lien  on  the  mining  property  for  the 
time  and  labor  devoted  to  cleaning  up  and  washing  the  gold  taken  out  of  the  mine. 
Cascaden  v.  Wimbish,  161  Fed.  241,  p.  246. 

b.  RECOVERY — ^attorney's  FEES  AND  EXPENSES. 

The  provisions  of  section  270  are  not  unconstitutional  or  invalid  because  they  per- 
mit as  a  part  of  the  costs,  the  recovery  of  all  sums  paid  for  the  filing  and  recording  of 
a  laborer's  lien  against  a  mining  claim  and  the  recovery  of  attorney's  fees  in  an  action 
to  enforce  the  lien  against  the  mining  property. 

Cascaden  v.  Wimbish,  161  Fed.  241,  p.  244. 

C.  ENFORCING  LIEN  AGAINST  MINE — PLEADING. 

A  complaint  to  enforce  a  laborer's  lien  on  a  mining  claim  must  aver  that  the  labor 
alleged  to  have  been  performed  went  to  the  improvement  of  the  particular  claim. 
Morris  v.  Marsh,  3  Alaska  146. 

Sec.  175.  The  respective  recorders  shall,  upon  the  payment  of  the 
fees  for  the  same  prescribed  by  the  Attorney  General,  record  sepa- 
rately, in  large  and  well-bound  separate  books,  in  fair  hand: 

First.  Deeds,  grants,  transfers,  contracts  to  sell  or  convey  real 
estate  and  mortgages  of  real  estate,  releases  of  mortgages,  powers  of 
attorney,  leases  which  have  been  acknowledged  or  proved,  mortgages 
upon  personal  property ; 

Ninth.  Affidavits  of  annual  work  done  on  mining  claims; 

Tenth.  Notices  of  mining  location  and  declaratory  statements; 

Eleventh.  Such  other  writings  as  are  required  or  permitted  by  law 
to  be  recorded,  including  the  liens  of  mechanics,  laborers,  and  others: 
Provided,  Notices  of  location  of  mming  claims  shall  be  filed  for 
record  within  90  days  from  the  date  of  the  discovery  of  the  claim 
described  in  the  notice,  and  all  instruments  shall  be  recorded  in  the 
recording  district  in  which  the  property  or  subject  matter  affected  by 
the  instrument  is  situated,  and  where  the  property  or  subject  matter 
is  not  situated  ui  any  established  recording  district  the  instrument 


ALASKA  COMPILED  LAWS^  PP.  8()1-913. 


885 


affecting  tlio  same  shall  bo  recorded  in  the  office  of  the  chuk  of  tlio 
division  of  the  court  having  supervision  over  the  recordhig  chvision 
in  which  such  property  or  subject  matter  is  situated. 

*  *  *  Provided,  Miners  hi  an;^  organized  mhung  district  may 
make  rules  and  regulations  governing  the  recording  of  notices  of 
location  of  mhung  claims,  water  rights,  flumes  and  ditches,  mill  sites 
and  affidavits  of  labor,  not  in  conflict  with  this  act  or  the  general  laws 
of  the  United  States;  and  nothing  in  this  act  shall  be  construed  so  as 
to  prevent  the  miners  in  any  regularly  organized  mining  district  not 
within  any  recording  district  established  by  the  court  from  electhig 
their  own  mining  recorder  to  act  as  such  until  a  recorder  therefor  is 
appointed  by  the  court:  Provided  further,  All  records  heretofore 
regularly  made  by  the  United  States  commissioner  at  Dyea,  Skagway, 
and  the  recorder  at  Douglas  City,  not  in  conflict  with  any  records 
regularly  made  with  the  United  States  commissioner  at  Juneau,  are 
hereby  legalized.  And  all  records  heretofore  made  in  good  faith  m 
any  regularly  organized  mining  district  are  hereby  made  public 
records,  and  the  same  shall  be  delivered  to  the  recorder  for  the  record- 
ing district  including  such  mming  district  within  six  months  from 
the  passage  of  this  act.    (Act  of  June  6,  1900,  31  Stat.  321.) 

Charlton  Code,  pp.  71,  72. 

Sec.  176.  Native-born  citizens  of  the  Dominion  of  Canada  shall 
be  accorded  in  said  District  of  Alaska  the  same  mining  rights  and 
privileges  accorded  to  citizens  of  he  United  States  in  British  Colum- 
bia and  the  Northwest  Territory  by  the  laws  of  the  Dominion  of 
Canada  or  the  local  laws,  rules,  and  regulations;  but  no  greater 
rights  shall  be  thus  accorded  than  citizens  of  the  United  States,  or 
persons  who  have  declared  their  intention  to  become  such,  may  enjoy 
in  said  District  of  Alaska;  and  the  Secretary  of  the  Interior  shall 
from  time  to  time  promulgate  and  enforce  rules  and  .regulations  to 
carry  this  provision  into  effect.  (Act  of  May  14,  1898,  30  Stat.  415.) 
Charlton  Code,  p.  61,  sec.  13. 

Section  177  includes  section  IG  of  the  act  of  March  3,  1891  (26  Stat.  1095,  p.  1101),  with  town-site  acts,  p. 
1378. 

The  second  part  of  section  177  is  with  2G  Stat.  1095,  p.  1101,  as  section  17,  p.  1223. 

Sections  178. 180,  and  181  are  parts  of  30  Stat.  11,  p.  36,  and  is  with  16  Stat.  149,  Reservation,  p.  1164. 

Section  179  is  a  part  of  30  Stat.  11,  p.  35,  and  is  with  20  Stat.  88,  Timber  cutting,  p.  1352. 

Section  182  is  a  part  of  29  Stat.  526,  Oil  lands,  p.  1043. 

Section  183  is  a  part  of  32  Stat.  825,  Oil  lands,  p.  1048. 

Section  184  is  a  part  of  36  Stat.  1015.  Oil  lands,  p.  1048. 

Section  185  is  31  Stat.  745,  Salines,  Salt  springs,  and  Lead  mines,  p.  1213. 

Section  186  is  section  1  of  27  Stat.  348,  Stone  lands,  p.  1328. 

Sec.  187.  Any  person  or  association  of  persons  qualified  to  make 
entry  under  the  coal-land  laws  of  the  United  States,  who  shall 
have  opened  or  improved  a  coal  mine  or  coal  mines  on  any  of  the 
unsurveyed  public  lands  of  the  United  States  in  the  District  of 
Alaska,  may  locate  the  lands  upon  which  such  mine  or  mines  are 
situated,  in  rectangular  tracts  containing  40,  80,  or  160  acres,  with 
north  and  south  boundary  lines  run  according  to  the  true  meridian, 
by  marking  the  four  corners  thereof  with  permanent  monuments, 
so  that  the  boundaries  thereof  may  be  readily  and  easily  traced.  And 
all  such  locators  shall,  within  one  year  from  the  passage  of  this  act, 
or  within  one  year  from  making  such  location,  file  for  record  in  the 
recording  district,  and  with  the  register  and  receiver  of  the  land  district 


886 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


in  which  the  lands  are  located  or  situated,  a  notice  containing  the 
name  or  names  of  the  locator  or  locators,  the  date  of  the  location, 
the  description  of  the  lands  located,  and  a  reference  to  such  natural 
objects  or  permanent  monuments  as  will  readily  indentify  the  same. 
Charlton  Code,  p.  104,  sec.  1. 

Sec.  188.  Such  locator  or  locators,  or  their  assigns,  who  are  citizens 
of  the  United  States,  shall  receive  a  patent  to  the  lands  located  by 
presenting,  at  any  time  within  three  years  from  the  date  of  such 
notice,  to  the  register  and  receiver  of  the  land  district  in  which  the 
lands  so  located  are  situated  an  application  therefor,  accompanied  by 
a  certified  copy  of  a  plat  of  survey  and  field  notes  thereof,  made  by  a 
United  States  deputy  surveyor  or  a  United  States  mineral  surveyor 
duly  approved  by  the  surveyor  general  for  the  District  of  Alaska,  and 
a  payment  of  the  sum  of  $10  per  acre  for  the  lands  applied  for; 
but  no  such  application  shall  be  allowed  until  after  the  applicant  has 
caused  a  notice  of  the  presentation  thereof,  embracing  a  description 
of  the  lands,  to  have  been  published  in  a  newspaper  in  the  District  of 
Alaska  published  nearest  the  location  of  the  premises  for  a  period  of 
60  days,  and  shall  have  caused  copies  of  such  notice,  together  with 
a  certified  copy  of  the  official  plat  or  survey,  to  have  been  kept  posted 
in  a  conspicuous  place  upon  the  land  applied  for  and  in  the  land  office 
for  the  district  in  which  the  lands  are  located  for  a  like  period,  and 
until  after  he  shall  have  furnished  proof  of  such  publication  and 
posting,  and  such  other  proof  as  is  required  by  the  coal-land  laws; 
Provided,  That  nothing  herein  contained  shall  be  so  construed  as  to 
authorize  entries  to  be  made  or  title  to  be  acquired  to  the  shore  of  any 
navigable  waters  within  said  district.  (Act  of  Apr.  28,  1904,  33  Stat., 
525.) 

Charlton  Code,  p.  104,  sec.  2. 

Sec.  189.  During  such  period  of  posting  and  publication,  or  within 
six  months  thereafter,  any  person  or  association  of  persons  having 
or  asserting  any  adverse  interest  or  claim  to  the  tract  of  land  or  any 
part  thereof  sought  to  be  purchased  shall  file  in  the  land  office  where 
such  application  is  pending,  under  oath,  an  adverse  claim,  setting 
forth  the  nature  and  extent  thereof,  and  such  adverse  claimant  shall, 
within  60  days  after  the  filing  of  such  adverse  claim,  begin  an 
action  to  quiet  title  in  a  court  of  competent  jurisdiction  within  the 
District  of  Alaska,  and  thereafter  no  patent  shall  issue  for  such  claim 
until  the  final  adjudication  of  the  rights  of  the  parties,  and  such 
patent  shall  then  be  issued  in  conformity  with  the  final  decree  of  such 
court  therein.  (Act  of  Apr.  28,  1904,  33  Stat.,  525.) 

Charlton  Code,  p.  104,  sec.  3. 

Sec.  190.  All  the  provisions  of  the  coal-land  laws  of  the  United 
States  not  in  confiict  with  the  provisions  of  this  act  shall  continue 
and  be  in  full  force  in  the  District  of  Alaska.  (Act  of  Apr.  28,  1904, 
33  Stat.,  525.) 

Charleston  Code,  p.  104,  sec.  4. 
See  Sec.  129,  p.  871. 

Sections  187, 188, 189, 190  are  sections  1,  2,  3,  4  of  the  amendatory  act  of  April  28, 1904, 33  Stat.  525,  amend- 
ing the  act  of  June  6, 1900,  31  Stat.  658.   See  sections  197  and  214. 


ALASKA  COMPILED  LAWS,  PP.  Sdl-DL'i. 


887 


31  STAT.  658,  JUNE  6,  1900. 

COAL-LAND  LAWS— ALASKA. 

AN  ACT  To  extend  the  coal-land  laws  to  the  District  of  Alanka. 

Be  it  enacted  etc.,  That  so  iiiiich  of  the  piibhc-land  hiws  of  the 
United  States  are  hei-eby  extended  to  the  District  of  Alaska  as  i-elate 
to  coal  hinds,  namely,  sections  2347  to  2352,  inclusive,  of  the  Kevised 
Statutes. 

See  note,  sec.  197,  p.  890. 

23  STAT.  24,  p.  26,  1  SUPP.  R.  S.  430,  p.  433,  MAY  17,  1884. 

COAL-LAND  LAWS— ALASKA. 

AN  ACT  Providing  a  civil  government  for  Alaska. 
*****  *  * 

Sec.  8.  That  the  said  District  of  Alaska  is  hereby  created  a 
land  district,  and  a  United  States  land  office  for  said  District  is 
hereby  located  at  Sitka.  The  commissioner  provided  for  by  this  act 
to  reside  at  Sitka  shall  be  ex  officio  register  of  said  land  office,  and 
the  clerk  provided  for  by  this  act  shall  be  ex  officio  receiver  of  public 
moneys,  and  the  marshal  provided  for  by  this  act  shall  be  ex  officio 
surveyor  general  of  said  District,  and  the  laws  of  the  United  States 
relating  to  mining  claims,  and  the  rights  incident  thereto,  shall,  from 
and  after  the  passage  of  this  act,  be  in  full  force  and  effect  in  said 
District,  under  the  administration  thereof  herein  provided  for,  subject 
to  such  regulations  as  may  be  made  by  the  Secretary  of  the  Interior, 
approved  by  the  President:  Provided,  That  the  Indians  or  other 
persons  in  said  District  shall  not  be  disturbed  in  the  possession  of  any 
lands  actually  in  their  use  or  occupation  or  now  claimed  by  them, 
but  the  terms  under  which  such  persons  may  acquire  title  to  such 
lands  is  reserved  for  future  legislation  by  Congress:  And  provided 
further,  That  parties  who  have  located  mines  or  mineral  privileges 
therein  under  the  laws  of  the  United  States  applicable  to  the  public 
domain,  or  who  have  occupied  and  improved  or  exercised  acts  of 
ownership  over  such  claims,  shall  not  be  disturbed  therein,  but  shall 
be  allowed  to  perfect  their  title  to  such  claims  by  payment  as  afore- 
said.   *    *  * 

A.  COAL-LAND  LAWS— ALASKA. 

1.  Extension  to  alaska — Construction. 

2.  Application  to  unsurveyed  lands  in  Alaska. 

3.  Number  of  entries  by  one  entryman. 

4.  Persons  in  possession  of  coal  mines — Right  to  enter 

LAND. 

5.  Locations  of  coal  lands — Qualifications  of  locators. 

6.  Notice  of  coal  location — Time  of  filing. 

1.  extension  to  ALASKA  CONSTRUCTION. 

Annotations  include  setcions  187-190.   See  notes,  p.  885. 

Prior  to  the  passage  of  this  act  the  coal-land  laws  of  the  United  States  had  not  been 
extended  to  Alaska;  and  this  act  provides  that  "so  much  of  the  public-land  laws  of  t])e 


888 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


United  States  are  hereby  extended  to  the  District  of  Alaska  as  relate  to  coal  lands," 
including  sections  2347  to  2352. 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  221. 

The  act  of  April  28,  1904  (33  Stat.  525)  is  an  amendment  to  the  act  of  June  6,  1900 
(31  Stat.  658),  which  extended  to  Alaska  so  much  of  the  public-land  laws  as  relate  to 
coal. 

United  States  v.  Munday,  222  U.  S.  175,  p.  177. 

This  statute,  not  only  upon  its  face  and  by  its  title,  was  an  amendment  to  the  exist- 
ing laws,  but  section  4  specifically  provides  that  all  the  provisions  of  the  act  shall  be 
in  full  force  in  the  District  of  Alaska,  and  Congress  thus  saw  fit  to  emphasize  its  will 
by  declaring  that  the  act  in  question  should  not  be  held  to  abrogate  or  repeal  an  ex- 
isting law  not  therein  directly  expressed, 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  225. 

It  was  not  the  intention  of  Congress  to  adopt  a  new  policy  with  reference  to  Alaska 
that  would  permit  the  coal  lands  there  to  be  monopolized,  as  is  clearly  indicated  by 
the  reports  made  to  that  body  prior  to  the  passage  of  this  act  and  as  shown  by  the  his- 
tory of  this  legislation. 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  227. 

Note.— The  act  of  June  6, 1900  (31  Stat.  658),  is  not  in  express  terms  incorporated  in  the  Alaska  Compiled 
Laws,  but  sections  2347  to  2352,  inclusive,  of  the  Revised  Statutes  are  by  this  act  made  applicable  to  Alaska, 
and  this  act  and  the  sections  named  are  to  be  construed  with  section  190  of  the  Alaska  Compiled  Laws,  p.  886. 
which  evidently  was  intended  to  accomplish  the  same  effect  as  the  original  act  of  June  6, 1900. 

2.  APPLICATION  TO  UNSURVEYED  LANDS  IN  ALASKA. 

The  act  of  June  6,  1900  (31  Stat.  658),  as  extended  to  Alaska,  was  inoperative  for  a 
time,  because  the  lands  of  Alaska  were  unsurveyed,  and  coal  lands  under  existing  laws 
could  be  entered  only  "by  legal  subdivisions." 

United  States  v.  Munday,  222  U.  S.  175,  p.  181. 

The  provisions  of  the  coal-land  laws  were  fully  extended  to  Alaska  by  the  act  of  June 
6,  1900  (31  Stat.  658),  but  no  titles  could  then  be  acquired  to  coal  lands  in  that  district, 
because  under  the  provisions  of  the  law  a  declaratory  statement  could  not  be  filed  upon, 
nor  entry  made  of  unsurveyed  lands,  and  the  public-land  surveys  had  not  been  ex- 
tended over  any  part  of  that  country,  and  the  act  was  therefore  ineffectual  as  applied 
to  Alaska. 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  221. 

While  lawful  claims  could  have  been  initiated  by  the  discovery  of  coal  and  the  open- 
ing and  improving  of  mines,  maintained  by  possession  and  protected  by  filing  a  declar- 
atory statement  therefor  without  the  survey  of  the  land,  yet  as  no  base  and  meridians 
had  been  established  in  Alaska  there  were  no  means  by  which  persons  locating  such 
claims  could  force  the  extension  of  the  pubUc  surveys. 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  221. 

While  the  coal-land  laws  were  extended  to  Alaska  in  all  their  force  and  effect  by  this 
act,  yet  it  was  well  known  that  as  a  practical  question  titles  could  not  be  acquired,  as 
the  lands  were  not  surveyed  and  the  vast  extent  of  that  country  precluded  the  possi- 
bility that  the  regular  system  of  surveys  could  be  extended  over  that  country  for  years 
to  come. 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  225. 

The  act  of  June  6,  1900  (31  Stat.  658),  was  amended  by  the  act  of  April  28,  1904  (33 
Stat.  525),  "making  the  coal-land  statutes  applicable  to  the  unsurveyed  public  lands 
in  Alaska. 

United  States  v.  Munday,  222  U.  S.  175,  p.  179. 


ALASKA  COMl'TLKD  LAWS,  J'P.  SOl-Dlo. 


889 


The  conditions  in  Ahisk;i  coverod  by  tho  net  of  April  2S,  1!)(M  (:;;;  Stat.  525),  were  but 
temporary,  and  when  tJie  coal  landw  tlioro  Lsliall  bo  brouj^'ht  under  the  system  of  public 
surveys  this  act  will  cease  to  be  operative. 

United  States  v.  Munday,  222  U.  S.  175,  p.  184. 

The  purpose  of  this  amendatory  act  was  to  permit  coal  location  to  be  made  on  iinsur- 
veyed  lands  in  Alaska  and  to  cure  the  defect  in  the  coal-land  laws  as  made  applicable 
to  Alaska,  but  which  were  in  fact  inapplicable  because  authorizing  such  location  only 
on  surveyed  public  lands  and  there  being  at  the  time  no  surveyed  lands  in  Alaska. 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  222. 

It  is  inconceivable  that  Congress  intended  that  coal  lands  in  Alaska  surveyed  after 
the  passage  of  this  act  of  April  28,  1904  (33  Stat.  525),  should  be  disposed  of  under  the 
strict  provisions  of  sections  2347  to  2352  of  the  Revised  Statutes,  and  that  the  unsur- 
veyed  lands  might  be  appropriated  without  reference  whatever  to  the  limitations  of 
these  sections. 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  226. 

Congress  by  section  4  of  the  act  of  April  28, 1904,  expressly  declared  that  all  laws  not 
inconsistent  v/ith  the  act  could  remain  in  full  force  and  effect  as  applied  to  Alaska, 
showing  that  Congress  did  not  intend  to  remove  all  restrictions  so  as  to  permit  the 
unsurveyed  coal  lands  in  Alaska  to  be  acquired  in  unlimited  quantities. 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  225. 

3.  NUMBER  OF  ENTRIES  BY  ONE  ENTRYMAN. 

The  act  of  June  6,  1900  (31  Stat.  658),  and  the  act  of  April  28,  1904  (33  Stat.  525), 
and  sections  2347-2352  of  the  Revised  Statutes,  are  in  pari  materia  and  must  be  con- 
strued together,  and  so  construed  they  do  not  permit  more  than  one  entry  by  a  single 
qualified  entry  man. 

United  States  v.  Munday,  222  U.  S.  175,  p.  184. 

Congress  did  not  intend  to  remove  the  restriction  upon  more  than  one  entry  by  the 
same  person,  because  it  imposed  no  restriction  on  the  power  of  alienation  after  the  right 
to  patent  had  accrued. 

United  States  v.  Munday,  222  U.  S.  175,  p.  183. 

It  was  not  the  intention  of  Congress  by  this  act  to  change  the  uniform  policy  of  the 
Government  as  to  limitations  on  the  quantity  of  coal  lands  subject  to  entry  by  one 
entry  man. 

United  States  v.  Munday,  222  U.  S.  175,  p.  182. 
Morton  v.  Nebraska,  88  U.  S.  660,  p.  669. 

The  fact  that  a  patent  may  issue  to  an  entryman  or  Iiis  assigns  is  not  indicative  of  a 
purpose  to  abandon  the  prohibition  upon  more  than  one  location,  as  the  prohibition  is 
against  more  than  one  entry  and  not  against  an  assignment. 

United  States  v.  Munday,  222  U.  S.  175,  p.  182. 

Aside  from  the  construction  given  the  act  of  April  28,  1904  (33  Stat  .''J25),  by  the  land 
officers  and  by  the  Secretary  of  the  Interior,  and  l)y  at  least  onr^  court,  the  act  itself 
can  not  be  said  to  authorize  an  association  of  thirty-three  ^ijt'rsons  to  acquire  5,250  acres 
of  the  unsurveyed  public  coal  land  in  Alaska. 

Scofield,  In  re  (Cunningham  Claims),  41  T-  D.  176,  p.  228. 

4.  PERSONS  IN  POSSESSION.  OF  COAL  MINES — RIGHT  TO  ENTER  LAND. 

This  amendatory  act  of  A  pril  28,  1904  (33  Stat.  525),  provides  that  qualified  persons 
or  associations  of  person-^'^  who  had  opened  or  improved  a  coal  mine  on  any  of  the  unsur- 
50974°— Bull.  '-^4,  \)t  2—15  5 


890  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


veyed  public  lands  in  Alaska  could  locate  the  lands  upon  which  such  mine  was  situ- 
ated in  rectangular  tracts  containing  40,  80,  or  160  acres,  and  fixed  the  conditions^and 
price  at  which  the  lands  could  be  patented. 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  224. 

By  the  act  of  April  28,  1904,  Congress  gave  relief  to  the  pioneers  in  Alaska  by  amend- 
ing existing  laws  so  as  to  provide  a  means  by  which  qualified  persons  who  had  opened 
or  improved,  or  who  thereafter  might  open  or  improve,  a  mine  or  mines  of  coal  on  the 
unsurveyed  public  lands  in  Alaska  could  locate  tracts  of  160  acres  or  less  and  through 
their  own  efforts  secure  the  identification  thereof  in  such  manner  as  to  permit  the 
claims  to  pass  to  patent. 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  225. 

5.  LOCATIONS  OF  COAL  LANDS  QUALIFICATIONS  OF  LOCATORS. 

By  this  amendatory  act  persons  or  associations  of  persons  locating  or  entering  coal 
lands  in  the  District  of  Alaska  are  required  to  possess  the  qualifications  of  persons  or 
associations  making  entry  under  the  general  coal  land  laws  of  the  United  States  and 
are  subject  to  the  same  limitations. 

Scofield,  In  re  (Cunnigham  Claims),  41  L.  D.  176,  p.  226. 

6.  NOTICE  OF  COAL  LOCATION — TIME  OF  FILING. 

Under  this  act  notices  of  coal  location  must  be  filed  within  the  prescribed  time  and 
false  dates  can  not  be  given  to  locations  actually  made  for  the  purpose  of  bringing 
them  within  the  year  preceding  the  filing  of  declaratory  statements  and  notices  of 
claim  filed  with  the  local  offices. 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  232. 

Note.— The  provision  of  section  8  of  the  act  of  May  17, 1884  (23  Stat.  24, 1  Supp.  R.  S.  430),  making  Alaska 
a  land  district,  has  been  repealed,  by  implication,  at  least,  by  sections  204,  206,  and  215,  Compiled  Laws  of 
Alaska;  the  second  provision  of  the  same  section  designating  Sitka  as  a  residence  for  the  commissioner 
has  been  expressly  repealed  by  section  214,  Compiled  Laws  of  Alaska,  p.  898;  the  provision  of  this  section 
making  the  laws  of  the  United  States  in  force  in  Alaska  is  repeated  in  section  190,  Compiled  Laws  of  Alaska, 
p.  886,  which  is  supplemental  to  and  is  to  be  taken  in  connection  with  section  129,  Compiled  Laws  of  Alaska, 
p.  871 ;  but  the  proviso  of  section  8,  reciting '  'That  parties  who  have  located  mines  or  minmg  privilege  therein 
imder  the  laws  of  the  United  States,  applicable  to  the  public  domain,  or  who  have  occupied  and  improved, 
or  exercised  acts  of  ownership  over  mining  claims,  shall  be  allowed  to  perfect  their  titles  to  such  claims," 
has  evidently  not  been  incorporated  literally  into  the  Compiled  Laws  of  Alaska,  and  evidently  has  not  been 
repealed  expressly  or  by  implication,  and  the  only  kindered  provision  is  foimd  in  the  first  clause  of  section 
187,  Compiled  Laws  of  Alaska,  p.  885,  relating  to  coal  mines  onlv. 

Sections  191  to  196,  inclusive,  are  2347  to  2352  R,  S.  inclusive,  pp.  724-782. 

Sec.  197.  All  persons,  their  heirs  or  assigns,  who  have  in  good  faith 
personally  or  by  an  attorney  in  fact  made  locations  of  coal  land  in 
the  Territory  of  Alaska  in  their  own  interest,  prior  to  November 
12,  1906,  or  in  accordance  with  circular  of  instructions  issued  by  the 
Secretary  of  the  Interior  May  16,  1907,  may  consolidate  their  said 
^^ims  or  locations  by  including  in  a  single  claim,  location,  or  pur- 
cia,.^^^  not  to  exceed  2,560  acres  of  contiguous  lands,  not  exceeding 
chase  ix+lie  co^.-^^  ^^le  width  of  the  tract  thus  consolidated,  and  for  this 
in  length  twripli  o^^gons,  their  heirs  or  assigns,  may  form  associations 
purpose  such  pt^nr^e^.-^^^  perfect  entry  of  and  acquire  title  to  such 
or  corporations  WHO  i;-^^  .|^e  other  provisions  of  law  under  which 
lands  m  accordance  with  l.^  Wided,  That  no  corporation 

^I'Xt^^^  ^^^^^  th.s  act  unless  75 

pefcent^^^  stock  shall  be  held  by  persons  qualified  to  enter 

coal  lands  in  Ak^ka. .  ^^^^^^  ^^^^^^  ^^^^^^  ^^^^^  preference 
riglft  to  purchase  so  much  of  the  product  of  any  mme  or  mmes  opened 


ALASKA  COMPILKl)  LAWS,  PP.  8G1-913. 


891 


upon  the  Liiuls  sold  under  the  piovisions  of  this  act  as  may  be  neces- 
sary for  the  use  of  the  Ai'iny  and  Navy,  and  at  such  reasonable  and 
remunerative  ])rice  as  may  be  fixed  by  the  President;  but  the  ])ro- 
ducers  of  any  coal  so  purchased  who  may  be  dissatisfied  with  the  price 
thus  fixed  shall  have  the  right  to  prosecute  suits  against  the  United 
States  in  the  Court  of  Claims  for  tlie  recovery  of  any  additional  sum 
or  sums  they  may  claim  as  justly  due  ii})on  such  purchase. 

Sec.  199.  If  any  of  the  lands  or  deposits  purchased  under  the  pro- 
visions of  this  act  shall  be  owned,  leased,  trusteed,  possessed,  or  con- 
trolled by  any  device  permanently,  temporarily,  directly,  indirectly, 
tacitly,  or  in  any  manner  whatsoever  so  that  they  form  part  of,  or  in 
any  way  effect  any  combination,  or  are  in  any  wise  controlled  by  any 
combination  in  the  form  of  an  unlawful  trust,  or  form  the  subject  of 
any  contract  or  conspiracy  in  restraint  of  trade  in  the  mining  or  sell- 
ing of  coal,  or  of  any  holding  of  such  lands  by  any  individual,  partner- 
ship, association,  corporation,  mortgage,  stock  ownership,  or  control, 
in  excess  of  2,560  acres  in  the  District  of  Alaska,  the  title  thereto 
shall  be  forfeited  to  the  United  States  by  proceedings  instituted  by 
the  Attorney  General  of  the  United  States  in  the  courts  for  that 
purpose. 

Sec.  200.  Every  patent  issued  under  this  act  shall  expressly  recite 
the  terms  and  conditions  prescribed  in  sections  198  and  199  hereof. 

Sections  197,  198,  199  and  200,  inclusive,  are  sections  1,  2,  3,  4,  of  the  Act  of  May  28,  1908,  35  Stat.  424. 
See  sections  187,  p.  885,  and  214,  p.  898. 

A.  ALASKA  COAL  DEPOSITS. 

1.  Construction  and  application  of  act. 

2.  Development  and  relief — Purpose  of  act. 

3.  Consolidation  of  coal  claims — When  permitted. 

4.  Agreement  to  consolidate  claims  illegal. 

1.  construction  and  application  of  act. 

This  act  must  be  construed  in  pari  materia  with  the  other  coal  mining  statutes  and 
they  are  all  susceptible  of  a  construction  which  will  make  all  their  provisions  harmo- 
nious, and  they  are  meant  to  operate  together  consistently  with  the  evident  intent  of 
Congress. 

United  States  v.  Dougliten,  186  Fed.  226,  p.  232. 

This  act  is  remedial  and  curative  in  its  nature  and  should  be  construed  liberally 
so  as  to  afford  all  the  relief  which  the  language  of  the  act  indicates  that  Congress  in- 
tended to  grant, 

Alaskan  Coal  Lands,  In  re,  27  Op.  Atty.  Genl.  412,  p.  419. 

While  this  act  can  have  no  retroactive  effect  and  can  not  render  criminal  acts  which 
were  innocent  at  the  time  of  their  commission,  yet  it  may  nevertheless  be  looked  to 
for  the  purpose  of  ascertaining  the  legislative  intent. 

United  States  v.  Doughten,  186  Fed.  226,  p.  232. 

It  was  said  to  be  the  object  of  this  act  to  enable  coal  locators  in  Alaska  to  consolidate 
their  holding?;  in  such  manner  as  to  make  possible  the  development  of  the  coal  fields 
in  that  region. 

Alaskan  Cual  Lands,  In  re,  27  Op.  Atty.  Genl.  412,  p.  418. 


892  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


2.   DEVELOPMENT  AND  RELIEF  PURPOSE  OF  ACT. 

This  act,  sections  197  to  200,  clearly  recognizes  that  the  restrictions  and  limi- 
tations applicable  to  the  United  States  then  obtained  in  Alaska,  and  the  object  of 
this  act  was  to  grant  relief  and  provide  a  means  by  which  these  claims  could  be  con- 
solidated and  titles  thereto  acquired  by  the  locators;  and  that  Congress  did  not  in- 
tend to  depart  from  its  policy  is  shown  by  the  antimonopoly  provisions  of  section 
3  of  this  act. 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  227. 

3.  CONSOLIDATION  OF  COAL  CLAIMS  WHEN  PERMITTED. 

By  tliis  act  all  persons  who  have  in  good  faith  made  locations  of  coal  lands  in  Alaska 
in  their  own  interest  prior  to  November  16,  1906,  may  consolidate  their  claims  or 
locations  into  a  single  claim  not  exceeding  2,560  acres,  and  the  benefit  of  this  act  can 
be  shared  only  by  persons  who  made  coal  land  locations  in  good  faith  and  in  their 
own  interest  prior  to  that  date. 

Alaskan  Coal  Lands,  In  re,  27  Op.,  Atty.  Genl.  412,  p.  417. 

Coal  locations  in  Alaska,  made  in  good  faith  and  in  the  interest  of  the  locators  alone, 
may  lawfully  pass  to  entry  and  patent,  where  the  locators  have,  after  making  their 
locations,  entered  into  an  agreement  to  consolidate  their  claims. 

Alaskan  Coal  Lands,  In  re,  27  Op.  Atty.  Genl.  412,  p.  419. 

4.  AGREEMENT  TO  CONSOLIDATE  CLAIMS  ILLEGAL. 

Under  this  act  a  verbal  agreement  entered  into  between  two  or  more  entrymen 
prior  to  a  coal  location,  to  the  effect  that  upon  the  issuance  of  patent  the  entries  were 
to  be  consolidated  and  mined  at  the  equal  joint  expense  of  each  claimant,  was  un- 
authorized, and  that  such  claims  were  not  validated  or  the  locations  confirmed  by 
the  provisions  of  this  act. 

Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  227. 

Coal  entries  can  not  be  completed  and  patents  issued  under  this  act  upon  locations 
made  prior  to  November  12,  1906,  where  there  was  an  existing  agreement  to  transfer 
the  entry  to  a  single  corporation  and  the  entryman  to  accept  stock  in  such  corpora- 
tion in  payment  for  the  land,  or  where  there  was  a  contract  conveying  the  land  to  a 
corporation  in  which  the  entryman  had  or  expected  to  receive  stock  in  payment 
of  such  lands;  or  where  such  entries  were  made  under  an  agreement  to  convey  to  a 
corporation  offering  to  make  cash  entry  under  the  statute,  by  consolidating  all  claims 
or  locations  so  made,  for  the  reason  that  under  existing  laws  only  one  entry  by  the 
same  person  or  association  of  persons  is  authorized. 

Alaskan  Coal  Lands,  In  re,  27  Op.  Atty.  Genl.  412,  p.  415. 

See  United  States  v.  Trinidad  Coal  Co.,  137  U.  S.  160;  United  States  v.  Keitel, 
211  U.  S.  370,  p.  387. 

Section  201  is  35  Stat.  844,  with  coal  sections  2347-2352  R.  S. ,  p.  812. 

Section  202  is  section  6  of  the  act  of  July  1,  1902,  32  Stat.  G31,  amendmg  the  act  of  March  3,  1891,  26  Stat. 
1094,  and  is  with  sections  2347-2352  R.  S.  coal  lands,  p.  806. 
Section  203  is  a  part  of  36  Stat.  703,  p.  742,  with  Bureau  of  Mines,  p.  921. 

39  STAT.  741,  OCTOBER  20,  1914  (PUBLIC— NO.  216— 63d  CONGRESS). 

LEASING  OF  COAL  LANDS. 

AN  ACT  To  provide  for  the  leasing  of  coal  lands  in  the  Territory  of  Alaska,  and  for 

other  purposes. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and 
hereby  is,  authorized  and  directed  to  survey  the  lands  of  the  United 


ALASKA  COMPTT.ED  LAWS,  PP.  801-013. 


898 


States  in  the  Territory  of  Alaska  known  to  be  vahiable  for  their 
deposits  of  coal,  preference  to  be  given  first  in  favor  of  surveying 
lands  within  those  areas  commonly  known  as  the  Bering  Kiver, 
Matanuska,  and  Nenana  coal  fields,  and  thereafter  to  such  areas  or 
coal  fields  as  lie  tributary  to  established  settlements  or  existing  or 
proposed  rail  or  water  transportation  lines:  Provided,  That  such 
surveys  shall  be  executed  in  accordance  with  existing  laws  and 
rules  and  regulations  governing  the  survey  of  public  lands.  There 
is  hereby  appropriated,  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated,  the  sum  of  $100,000  for  the  purpose  of  making  the 
surveys  herein  provided  for,  to  continue  available  until  expended: 
Provided,  That  any  surveys  heretofore  made  under  the  authority  or 
by  the  approval  of  the  Department  of  the  Interior  may  be  adopted 
and  used  for  the  purposes  of  this  act. 

Sec.  2.  That  the  President  of  the  United  States  shall  designate  and 
reserve  from  use,  location,  sale,  lease,  or  disposition  not  exceeding 
5,120  acres  of  coal-bearing  land  in  the  Bering  River  field  and  not 
exceeding  7,680  acres  of  coal-bearing  land  in  the  Matanuska  field, 
and  not  to  exceed  one-half  of  the  other  coal  lands  in  Alaska:  Provided, 
That  the  coal  deposits  in  such  reserved  areas  may  be  mined  under 
the  direction  of  the  President,  when,  in  his  opinion,  the  mining  of 
such  coal  in  such  reserved  areas,  under  the  direction  of  the  President, 
becomes  necessary,  by  reason  of  an  insufficient  supply  of  coal  at  a  rea- 
sonable price  for  the  requirements  of  Government  w^orks,  construction 
and  operation  of  Government  railroads,  for  the  Navy,  for  national 
protection,  or  for  relief  from  monopoly  or  oppressive  conditions. 

Sec.  3.  That  the  unreserved  coal  lands  and  coal  deposits  shall  be 
divided  by  the  Secretary  of  the  Interior  into  leasing  blocks  or  tracts 
of  40  acres  each,  or  multiples  thereof,  and  in  such  form  as  in  the 
opinion  of  the  Secretary  will  permit  the  most  economical  mining  of 
the  coal  in  such  blocks,  but  in  no  case  exceeding  2,560  acres  in  any 
one  leasing  block  or  tract;  and  thereafter  the  Secretary  shall  offer 
such  blocks  or  tracts  and  the  coal,  lignite,  and  associated  minerals 
therein  for  leasing,  and  may  award  leases  thereof  through  advertise- 
ment, competitive  bidding,  or  such  other  methods  as  he  may  by  gen- 
eral regulations  adopt,  to  any  person  above  the  age  of  21  years  who 
is  a  citizen  of  the  United  States,  or  to  any  association  of  such  persons, 
or  to  any  corporation  or  municipality  organized  under  the  laws  of 
the  United  States  or  of  any  State  or  Territory  thereof:  Provided, 
That  a  majority  of  the  stock  of  such  corporation  shall  at  all  times  be 
owned  and  held  hy  citizens  of  the  United  States:  And  provided 
further,  That  no  railroad  or  common  carrier  shall  be  permitted  to 
take  or  acquire  through  lease  or  permit  under  this  act  any  coal  or 
coal  lands  in  excess  of  such  area  or  quantity  as  may  be  required  and 
used  solely  for  its  own  use,  and  such  limitation  of  use  shall  be  ex- 
ressed  in  all  leases  or  permits  issued  to  railroads  or  common  carriers 
ereunder:  And  provided  further.  That  any  person,  association,  or 
corporation  qualified  to  become  a  lessee  under  this  act  and  owning 
any  pending  claim  under  the  public-land  laws  to  any  coal  lands  in 
Alaska  may,  within  one  year  from  the  passage  of  this  act,  enter  into 
an  arrangement  with  the  Secretary  of  the  Interior  by  which  such  claim 
shall  be  fully  relinquished  to  the  United  States;  and  if  in  the  judg- 
ment of  the  Secretary  of  the  Interior,  the  circumstances  connected 


894 


UNITED  STATES  MINING  STyVTUTES  ANNOTATED. 


with  such  chaim  justify  so  doing,  the  moneys  paid  by  the  claimant  or 
claimants  to  the  United  States  on  account  of  such  claim  shall,  by  direc- 
tion of  the  Secretary  of  the  Interior,  be  returned  and  paid  over  to  such 
person,  association,  or  corporation  as  a  consideration  for  such  re- 
linquishment. 

AH  claims  of  existing  rights  to  any  of  such  lands  in  which  final 
proof  has  been  submitted  and  which  are  now  pending  before  the 
Commissioner  of  the  General  Land  Office  or  the  Secretary  of  the  In- 
terior for  decision  shall  be  adjudicated  within  one  year  from  the  pas- 
sage of  this  act. 

Sec.  4.  That  a  person,  association,  or  corporation  holding  a  lease 
of  coal  lands  under  this  act  may,  with  the  approval  of  the  Secretary 
of  the  Interior  and  through  the  same  procedure  and  upon  the  same 
terms  and  conditions  as  in  the  case  of  an  original  lease  under  this  act, 
secure  a  further  or  new  lease  covering  additional  lands  contiguous  to 
those  embraced  in  the  original  lease,  but  in  no  event  shall  the  total 
area  embraced  in  such  original  and  new  leases  exceed  in  the  aggregate 
2,560  acres. 

That  upon  satisfactory  showing  by  any  lessee  to  the  Secretary  of 
the  Inierior  that  all  of  the  workable  deposits  of  coal  within  a  tract 
covered  by  his  or  its  lease  will  be  exhausted,  worked  out,  or  removed 
within  three  years  thereafter,  the  Secretary  of  the  Interior  may, 
within  his  discretion,  lease  to  such  lessee  an  additional  tract  of  land 
or  coal  deposits,  which,  including  the  coal  area  remaining  in  the 


cedure  and  under  the  same  competitive  conditions  as  in  case  of  an 
original  lease. 

Sec.  5.  That,  subject  to  the  approval  of  the  Secretary  of  the 
Interior,  lessees  holding  under  leases  small  blocks  or  areas  may  con- 
solidate their  said  leases  or  holdings  so  as  to  include  in  a  single  hold- 
ing not  to  exceed  2,560  acres  of  contiguous  lands. 

Sec.  6.  That  each  lease  shall  be  for  such  leasing  block  or  tract  of 
land  as  may  be  offered  or  applied  for,  not  exceeding  in  area  2,560 
acres  of  land,  to  be  described  by  the  subdivisions  of  the  survey,  and 
no  person,  association,  or  corporation,  except  as  hereinafter  provided, 
shall  be  permitted  to  take  or  hold  any  interest  as  a  stockholder  or 
otherwise  in  more  than  one  such  lease  under  this  act,  and  any  interest 
held  in  violation  of  this  proviso  shall  be  forfeited  to  the  United  States 
by  appropriate  proceedings  instituted  by  the  Attorney  General  for 
that  purpose  in  any  court  of  competent  jurisdiction,  except  that  any 
such  ownership  and  interest  hereby  forbidden  which  may  be  acquired 
by  descent,  will,  judgment,  or  decree  may  be  held  for  two  years,  and 
not  longer,  after  its  acquisition. 

Sec.  7.  That  any  person  who  shall  purchase,  acquire,  or  hold  any 
interest  in  two  or  more  such  leases,  except  as  herein  provided,  or  who 
shall  knowingly  purchase,  acquire,  or  hold  any  stock  in  a  corporation 
having  an  interest  in  two  or  more  such  leases,  or  who  shall  knowingly 
sell  or  transfer  to  one  disqualified  to  purchase,  or  except  as  in  this 
act  specifically  provided,  disqualified  to  acquire,  any  such  interest, 
shall  be  deemed  guilty  of  a  felony,  and  upon  conviction  shall  be  pun- 
ished by  imprisonment  for  not  more  than  three  years  and  by  a  fine 
not  exceeding  $1,000:  Provided,  That  any  such  ownership  and  inter- 
est hereby  forbidden  which  may  be  acquired  by  descent,  will,  judg- 
ment, or  decree  may  be  held  two  years  after  its  acquisition  and  not 


original  lease,  shall  not  exceed 


ALASKA  COMPILED  LAWS,  PP.  801-013. 


895 


longer,  and  in  ease  of  niinoi'ily  ov  otlier  disahility  siieli  time  ns  (Ik* 
court  may  decree. 

Sec.  8.  That  any  direetor,  trustee,  oflicer,  or  agent  of  any  eor- 
poration  holding  any  interest  in  such  a  lease  who  shall,  on  bc^half  of 
such  corporation,  act  in  the  purchase  of  any  interest  in  aTiother  lease, 
or  who  shall  Imowingly  act  on  behalf  of  such  corporation  in  the  sjde 
or  transfer  of  any  such  interest  in  any  lease  held  by  such  corporation 
to  any  corporation  or  individual  holding  any  interest  in  any  such  a 
lease,  except  as  herein  provided,  shall  be  guilty  of  a  felony  and  shall 
be  subject  to  imprisonment  for  a  term  of  not  exceeding  three  years 
and  a  fine  of  not  exceeding  $1,000. 

Sec.  8a.  If  any  of  the  lands  or  deposits  leased  under  the  provisions 
of  this  act  shall  be  subleased,  trusteed,  possessed,  or  controlled  by 
any  device  permanently,  temporarily,  directly,  indirectly,  tacitly,  or 
in  any  manner  whatsoever,  so  that  they  form  part  of  or  are  in  any- 
wise controlled  by  any  combination  in  the  form  of  an  unlawful  trust, 
with  consent  of  lessee,  or  form  the  subject  of  any  contract  or  con- 
spiracy in  restraint  of  trade  in  the  mining  or  selling  of  coal,  entered 
into  by  the  lessee,  or  of  any  holding  of  such  lands  by  any  individual, 
partnership,  association,  corporation,  or  control,  in  excess  of  2,500 
acres  in  the  Territory  of  Alaska,  the  lease  thereof  shall  be  forfeited 
by  appropriate  court  proceedings. 

Sec.  9.  That  for  the  privilege  of  mining  and  extracting  and  dis- 
posing of  the  coal  in  the  lands  covered  by  his  lease  the  lessee  shall 
pay  to  the  United  States  such  royalties  as  may  be  specified  in  the 
lease,  which  shall  not  be  less  than  2  cents  per  ton,  due  and  payable  at 
the  end  of  each  month  succeeding  that  of  the  shipment  of  the  coal 
from  the  mine,  and  an  annual  rental,  payable  at  the  beginning  of 
each  year,  on  the  lands  covered  by  such  lease,  at  the  rate  of  25  cents 
per  acre  for  the  first  year  thereafter,  50  cents  per  acre  for  the  second, 
third,  fourth,  and  fifth  years,  and  $1  per  acre  for  each  and  every 
year  thereafter  during  the  continuance  of  the  lease,  except  that  such 
rental  for  any  year  shall  be  credited  against  the  royalties  as  they 
accrue  for  that  year.  Leases  may  be  for  periods  of  not  more  than 
50  years  each,  subject  to  renewal,  on  such  terms  and  conditions  as 
may  be  authorized  by  law  at  the  time  of  such  renewal.  All  net 
profits  from  operation  of  Government  mines,  and  all  royalties  and 
rentals  under  leases  as  herein  provided,  shall  be  deposited  in  the 
Treasury  of  the  United  States  in  a  separate  and  distinct  fund  to  be 
applied  to  the  reimbursement  of  the  Government  of  the  United 
States  on  account  of  any  expenditures  made  in  the  construction  of 
railroads  in  Alaska,  and  the  excess  shall  be  deposited  in  the  fund 
known  as  The  Alaska  Fund,  established  by  the  act  of  Congress  of 
January  27,  1905,  to  be  expended  as  provided  in  said  last-mentioned 
act. 

Sec.  10.  That  in  order  to  provide  for  the  supply  of  strictly  local 
and  domestic  needs  for  fuel  the  Secretary  of  the  Interior  may,  under 
such  rules  and  regulations  as  he  may  prescribe  in  advance,  issue  to 
any  applicant  quahfied  under  section  3  of  this  act  a  limited  license 
or  permit  granting  the  right  to  prospect  for,  mine,  and  dispose  of 
coal  belonging  to  the  United  States  on  specified  tracts  not  to  exceed 
10  acres  to  any  one  person  or  association  of  persons  in  any  one  coal 
field  for  a  period  of  not  exceeding  10  years,  on  such  conditions  not 
inconsistent  with  this  act  as  in  his  opuiion  will  safeguard  the  public 


896 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


interest,  without  payment  of  royalty  for  the  coal  mined  or  for  the 
land  occupied:  Pro^dded,  That  the  acquisition  of  (or)  holding  of  a  lease 
under  the  preceding  sections  of  this  act  shall  be  no  bar  to  the  acqui- 
sition, holding,  or  operating  under  the  limited  license  in  this  section 
permitted.  And  the  holding  of  such  a  license  shall  be  no  bar  to  the 
acquisition  or  holding  of  such  a  lease  or  interest  therein. 

Sec.  11.  That  any  lease,  entry,  location,  occupation,  or  use  per- 
mitted under  this  act  shall  reserve  to  the  Government  of  the  United 
States  the  right  to  grant  or  use  such  easements  in,  over,  through,  or 
upon  the  land  leased,  entered,  located,  occupied,  or  used  as  may  be 
necessary  or  appropriate  to  the  working  of  the  same  or  other  coal 
lands  by  or  under  authority  of  the  Government  and  for  other  pur- 
poses: Provided,  That  said  Secretary,  in  his  discretion,  in  making  any 
lease  under  this  act,  may  reserve  to  the  United  States  the  right  to 
lease,  sell,  or  otherwise  dispose  of  the  surface  of  the  lands  embraced 
within  such  lease  under  existing  law  or  laws  hereafter  enacted  in  so 
far  as  said  surface  is  not  necessary  for  use  by  the  lessee  in  extracting 
and  removing  the  deposits  of  coal  therein.  If  such  reservation  is 
made,  it  shall  be  so  determined  before  the  offering  of  such  lease. 

That  the  said  Secretary  during  the  life  of  the  lease  is  authorized  to 
issue  such  permits  for  easements  herein  provided  to  be  reserved,  and 
to  permit  the  use  of  such  other  public  lands  in  the  Territory  of  Alaska 
as  may  be  necessary  for  the  construction  and  maintenance  of  coal 
washeries  or  other  works  incident  to  the  mining  or  treatment  of  coal, 
which  lands  may  be  occupied  and  used  jointly  or  severally  by  lessees 
or  permittees,  as  may  be  determined  by  said  Secretary. 

Sec.  12.  That  no  lease  issued  under  authority  of  this  act  shall  be 
assigned  or  sublet  except  with  the  consent  of  the  Secretary  of  the 
Interior.  Each  lease  shall  contain  provisions  for  the  purpose  of 
insuring  the  exercise  of  reasonable  diligence,  skill,  and  care  in  the 
operation  of  said  property,  and  for  the  safety  and  weKare  of  the 
miners  and  for  the  prevention  of  undue  waste,  including  a  restriction 
of  the  workday  to  not  exceeding  eight  hours  in  any  one  day  for 
undergi'ound  workers  except  in  cases  of  emergency;  provisions  secur- 
ing the  workers  complete  freedom  of  purchase,  requiring  the  pay- 
ment of  wages  at  least  twice  a  month  in  lawful  money  of  the  United 
States,  and  providing  proper  rules  and  regulations  to  secure  fair  and 
3  Qst  weighing  or  measurement  of  the  coal  mined  by  each  miner,  and 
such  other  provisions  as  are  needed  for  the  protection  of  the  interests 
of  the  United  States,  for  the  prevention  of  monopoly,  and  for  the 
safeguarding  of  the  public  welfare. 

Sec.  13.  That  the  possession  of  any  lessee  of  the  land  or  coal 
deposits  leased  under  this  act  for  all  purposes  involving  adverse 
claims  to  the  leased  property  shall  be  deemed  the  possession  of  the 
United  States,  and  for  such  purposes  the  lessee  shall  occupy  the 
same  relation  to  the  property  leased  as  if  operated  directly  by  the 
United  States. 

Sec.  14.  That  any  such  lease  may  be  forfeited  and  canceled  by 
appropriate  proceeding  in  a  court  of  competent  jurisdiction  whenever 
the  lessee  fails  to  comply  with  any  provision  of  the  lease  or  of  general 
regulations  promulgated  under  this  act;  and  the  lease  may  provide 
for  the  enforcement  of  other  appropriate  remedies  for  breach  of  speci- 
fied conditions  thereof. 


ALASKA  COMPILED  LAWS,  PP.  SGl-OL*]. 


897 


Sec.  15.  That  on  and  af((^r  tho  approval  of  lliis  act  no  lands  in 
Alaska  containin<2:  deposits  of  coal  witlidrawii  from  entry  or  sale  shall 
be  disposed  of  or  acquired  in  any  maimer  except  as  provided  in  this 
act:  Provided,  That  the  passa,2;e  of  this  act  shall  not  affect  any  pro- 
ceeding now  pending  in  the  Department  of  the  Interior,  and  any 
such  proceeding  may  be  carried  to  a  final  determination  in  said  depart- 
ment notwithstanding  the  passage  hereof:  Providcnl  further,  That  no 
lease  shall  be  made,  under  the  provisions  hereof,  of  any  land,  a  claim 
for  which  is  pending  in  the  Department  of  the  Interior  at  the  date 
of  the  passage  of  this  act,  until  and  unless  such  claim  is  finally  dis- 
posed of  by  the  department  adversely  to  the  claimant. 

Sec.  16.  That  all  statements,  representations,  or  reports  required, 
unless  otherwise  specified,  by  the  Secretary  of  the  Interior  under  this 
act  shall  be  upon  oath  and  in  such  form  and  upon  such  blanks  as  the 
Secretary  of  the  Interior  may  require,  and  any  person  making  false 
oath,  representation,  or  report  shall  be  subject  to  punishment  as  for 
perjury. 

Sec.  17.  That  the  Secretary  of  the  Interior  is  authorized  to  prescribe 
the  necessary  and  proper  rules  and  regulations  and  to  do  any  and  all 
things  necessary  to  carry  out  and  accomplish  the  purposes  of  this  act. 

Sec.  18.  That  all  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 


11.  MISCELLANEOUS  MINING  PROVISIONS. 


Sec.  214.  That  section  8  of  an  act  entitled  ^^An  act  providing 
a  civil  government  for  Alaska"  be,  and  the  same  is  hereby,  amended 
by  striking  out  the  words  "the  commissioner  provided  for  by  this 
act  to  reside  in  Sitka  shall  be  ex  officio  register  of  said  land  office, 
and  the  clerk  provided  for  by  this  act  shall  be  ex  officio  receiver  of 
public  moneys,  and  the  marshal  provided  for  by  this  act  shall  be  ex 
officio  surveyor  general  of  said  district." 

There  shall  be  appointed  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate,  a  surveyor  general  for  the  District  of 
Alaska,  embracing  one  surveying  district. 

The  surveyor  general  of  Alaska  shall  receive  a  salary  at  the  rate 
of  $2,000  per  annum.    (Act  of  July  24,  1897,  30  Stat.  215.) 

Sec.  220.  A  corporation  to  be  hereafter  duly  organized  under  the 
name  and  style  of  the  Cordova  Bay  Harbor  Improvement  and  Town- 
Site  Company,  and  composed  of  the  following-named  persons,  to  wit: 
John  H.  McGraw,  Edward  Lewin,  and  Donald  A.  McKenzie,  or  any 
of  them,  and  such  others  as  may  hereafter  become  associated  with 
them  as  incorporators,  shall  be  permitted  to  purchase  at  the  price  of 
$2.50  per  acre  not  to  exceed  2,000  acres  of  such  nonmineral  lands 
of  the  United  States  as  may  be  selected  by  said  corporation  and 
approved  by  the  Secretary  of  the  Interior,  including  tide  or  mud 
flats,  situated  at  the  head  of  Cordova  Bay,  at'  approximately  lati- 
tude 60  degrees  and  30  minutes  north,  and  longitude  146  west  of 
Greenwich,  in  the  District  of  Alaska,  the  same  to  be  located  in  as 
nearly  compact  form  as  possible  with  a  front  of  not  to  exceed  2 
miles  on  the  wharfage  and  dock  area  to  be  reserved  by  the  Secretary 
of  War  in  order  to  effect  the  improvement  of  said  lands  for  town- 
site  purposes  and  for  the  promotion  and  convenience  of  commerce 
with  foreign  nations  and  among  the  several  States:  Provided, 
however.  That  the  Secretary  of  the  Interior  is  hereby  authorized 
and  directed  to  withdraw  from  all  forms  of  location  or  entry  not 
to  exceed  3,000  acres  to  be  selected  by  him  and  surrounding  the 
land  hereby  made  purchasable,  subject  to  future  disposition  b}^  the 
Congress.    (Act  of  Feb.  6,  1909,  35  Stat.  598.) 

Section  228  is  the  same  as  33  Stat.  628,  Right  of  way,  p.  1192. 

Sec.  330.  From  and  after  the  passage  of  this  act  the  wanton  de- 
struction of  wild  game  animals  or  wild  birds,  except  eagles,  ravens, 
and  cormorants,  the  destruction  of  nests  and  eggs  of  such  birds,  or 
the  killing  of  any  wild  birds,  other  than  game  birds,  except  eagles, 
for  the  purposes  of  selling  the  same  or  the  skins  or  any  part  thereof, 
except  as  hereinafter  provided,  is  hereby  prohibited. 

'^Game  defined:  The  term  'game  animals'  shall  include  deer, 
moose,  caribou,  mountain  sheep,  mountain  goats,  brown  bear,  sea 
lions,  and  walrus.  The  term  ^game  birds'  shall  include  water  fowl, 
commonly  known  as  ducks,  geese,  brant,  and  swans;  shore  birds, 
commonly  known  as  plover,  snipe,  and  curlew,  and  the  several 
species  of  grouse  and  ptarmigan. 
898 


ALASKA  COMini.KD  LAWS,  l^P.  ftOl-Olli. 


809 


"Exemptions:  Notliino;  in  (his  act  shall  alFoct  any  law  now  in 
force  in  Alaska  relating  to  tlu^  fur  seal,  sea  otter,  oi-  any  fnr-l)earing 
animal,  or  prevent  the  killing  of  any  game  anhnal  or  bii'd  for  food 
or  clothing  at  any  time  by  natives,  or  by  miners  or  ex])lor(MS,  when 
in  need  of  food;  but  the  game  animals  or  birds  so  killed  (ku  ing  close 
season  shall  not  be  shipped  or  sold.'"'  (Act  of  May  11,  1908,  35  Stat. 
102.) 

Sec.  349.  The  territory  ceded  to  the  United  States  by  Russia  by 
the  treaty  of  March  30,  LSGT,  and  known  as  Alaska,  shall  consti- 
tute a  civil  and  judicial  district,  the  government  of  which  shall  be 
organized  and  administered  as  hereinafter  provided.  The  tempo- 
rary seat  of  government  of  said  district  is  hereby  established  at 
Juneau:  Provided,  That  the  seat  of  government  shall  remain  at 
Sitka  until  suitable  grounds  and  buildings  thereon  shall  be  obtained 
by  purchase  or  otherwise  at  Juneau.  (Act  of  June  6,  1900,  31 
Stat.  321.) 
Carter  Code,  sec.  1 — Charlton  Code,  sec.  5926. 

A.  MINING  CLAIMS— LOCATION  NOTICE— FILING  FOR  RECORD. 

Section  15  requires  that  notice  of  the  location  of  a  mining  claim  shall  be  filed  for 
record  within  90  days  of  the  date  of  discovery,  and  requires  recorders  to  record  affi- 
davits of  annual  work  done  on  mining  claims,  notice  of  mining  locations,  and  de- 
claratory statements. 

Smith  V.  Cascaden,  148  Fed.  792,  p.  793. 
Sturtevant  v.  Vogel,  167  Fed.  448,  p.  450. 
Overgard  v.  Westerberg,  3  Alaska  168,  p.  171. 
Cascaden  v.  Bortolis,  3  Alaska  200,  p.  204. 
See  Charlton  v.  Kelly,  2  Alaska  532. 

Under  section  15  the  location  of  a  mining  claim  must  be  recorded  by  the  recorder  of 
the  district  in  which  the  claim  was  located. 
Cook  V.  Klonos,  164  Fed.  529,  p.  535. 

This  statute  permits  the  recording  of  instruments  relating  to  the  location  or  transfer 
of  mines,  but  does  not  provide  that  the  failure  to  record  or  to  comply  with  any  of  the 
mining  rules  and  regulations  shall  work  a  forfeiture  of  the  mining  claim. 

Sturtevant  v.  Vogel,  167  Fed.  448,  p.  451. 

See  Jupiter  Min.  Co.  v.  Bodie  Consol.  Min.  Co.,  11  Fed.  666. 

Last  Chance  Min.  Co.  v.  Bunker  Hill,  etc.,  Min.,  etc.,  Co.,  131  Fed.  579. 

McGarrity  v.  Byington,  12  Cal.  426. 

Bell  V.  Bed  Rock,  etc.,  Min.  Co.,  36  Cal.  214. 

King  V.  Edwards,  1  Mont.  235. 

The  provision  giving  90  days  within  which  to  record  the  location  notices  is  reason- 
able and  necessary  in  Alaska  due  to  the  great  distances,  bad  trails,  and  rigorous  climate 
and  this  provision  of  the  statute  repeals  all  mining  rules  in  conflict  therewith. 

Butler  V.  Good  Enough  Min.  Co.,  1  Alaska  246,  p.  254. 

The  provision  of  section  15  with  reference  to  the  fding  for  record  notices  of  location 
of  mining  claims  nullified  the  provisions  of  the  miners  in  the  Golden  Gate  mining  dis- 
trict in  force  prior  to  June  6,  1900,  the  date  on  which  the  Alaska  Code  took  effect. 

Butler  V.  Good  Enough  Min.  Co.,  1  Alaska  246,  p.  252. 

The  clerks  of  the  courts  of  Alaska  have  provided  recorders  with  separate  books  for 
recording  notices  and  declarations  of  water  rights  and  such  notices  have  been  generally 
recorded. 

]\TcFarland  v.  Alaska  Perseverance  Min.  Co.,  3  Alaska  308,  p.  326. 


900  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Sec.  379.  The  respective  recorders  shall,  upon  the  payment  of  the 
fees  for  the  same  prescribed  by  the  Attorney  General,  record  sepa- 
rately, in  large  and  well-bound  separate  books,  in  fair  hand: 

First.  Deeds,  grants,  transfers,  contracts  to  sell  or  convey  real 
estate  and  mortgages  of  real  estate,  releases  of  mortgages,  powers  of 
attorney,  leases  which  have  been  acknowledged  or  proved,  mortgages 
upon  personal  property. 

Second.  Certificates  of  marriage  and  marriage  contracts  and  births 
and  deaths. 

Third.  Wills  devising  real  estate  admitted  to  probate. 
Fourth.  Official  bonds. 

Fifth.  Transcripts  of  judgments  which  by  law  are  made  liens  upon 
real  estate. 

Sixth.  All  orders  and  judgments  made  by  the  district  court  or  the 
commissioners  in  probate  matters  affecting  real  estate  which  are 
required  to  be  recorded. 

Seventh.  Notices  and  declaration  of  water  rights. 

Eighth.  Assignments  for  the  benefit  of  creditors. 

Ninth.  Affidavits  of  annual  work  done  on  mining  claims. 

Tenth.  Notices  of  mining  location  and  declaratory  statements. 

Eleventh.  Such  other  writings  as  are  required  or  permitted  by  law 
to  be  recorded,  including  the  liens  of  mechanics,  laborers,  and  others: 
Provided,  Notices  of  location  of  mining  claims  shall  be  filed  for  record 
within  90  days  from  the  date  of  the  discovery  of  the  claim  described 
in  the  notice,  and  all  instruments  shall  be  recorded  in  the  recording 
district  in  which  the  property  or  subject  matter  affected  by  the  instru- 
ment is  situated,  and  where  the  property  or  subject  matter  is  not  situ- 
ated in  any  establislied  recording  district  the  instrument  affecting  the 
same  shall  be  recorded  in  the  office  of  the  clerk  of  the  division  of  the 
court  having  supervision  over  the  recording  division  in  which  such 
property  or  subject  matter  is  situated.  (Act  of  June  0,  1900,  31  Stat. 
321,  p.  327,  2  Supp.  R.  S.  1200.) 

Carter  Code,  sec.  15;  Charlton  Code,  sec.  5946. 

23  STAT.  24,  1  STTPP.  II.  S.  430,  MAY  17,  1884. 

ALASKA  CIVIL  GOVERNMENT  ACT. 

AN  ACT  Providing  a  civil  government  for  Alaska. 

Be  it  enacted,  etc.    *    *  * 

******* 

Sec.  4.  That  a  clerk  shall  be  appointed  for  said  court,  who  shall 
be  ex  officio  secretary  and  treasurer  of  said  District,  *  *  *  ^  jj^ 
shall  be  ex  officio  recorder  of  deeds  and  mortgages  and  certificates  of 
location  of  mining  claims  and  other  contracts  relating  to  real  estate 
and  register  of  wills  for  said  District,  and  shall  establish  secure  offices 
in  the  towns  of  Sitka  and  Wrangel,  in  said  district,  for  the  safekeeping 
of  all  his  official  records,  and  of  records  concerning  the  reformation 
and  establishment  of  the  present  status  of  titles  to  lands,  as  herein- 
after directed:  Provided,  That  the  district  court  hereby  created  may 
direct,  if  it  shall  deem  it  expedient,  the  establishment  of  separate 
offices  at  the  settlements  of  Wrangel,  Oonalashka,  and  Juneau  City, 
respectively,  for  the  recording  of  such  instruments  as  may  pertain  to 
the  several  natural  divisions  of  said  District  most  convenient  to  said 


ALASKA  COMPILED  LAWS,  PP.  801-913. 


901 


scttloments,  tho  limits  of  whicli  sluill,  in  tlio  cvoiit  of  siicli  direction, 
bo  delined  by  said  court;  and  said  olliccs  shall  be  in  cliargc  of  tho  com- 
missioners respectively  as  hereinafter  provided.    *    *  * 

Section  379  evidently  re])eiiLs  })y  implication  .section  4  of  the  Alaska  civil  ^^overn- 
ment  act  (23  Stat.  24),  and  the  duties  devolvin*^  n])on  the  clerk  as  ex  ollicio  recorder  of 
instruments  are  now  required  to  be  performed  by  recorders. 

Sec.  380.  Any  clerk  or  commissioner  authorized  to  record  any 
instrument  who  having  collected  fees  for  so  doing  fails  to  record  such 
uistrument  shall  account  to  his  successor  in  office,  or  to  such  person 
as  the  court  may  direct,  for  all  tlio  fees  received  by  him  for  recording 
any  instrument  on  file  and  unrecorded  at  the  expiration  of  his  official 
term,  or  at  the  time  he  is  required  to  transfer  his  records  to  another 
officer  under  the  direction  of  the  court.  And  any  clerk  or  commis- 
sioner who  fails,  neglects,  or  refuses  to  so  account  for  fees  received 
and  not  actually  earned  by  the  recording  of  instrument  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  foied  not 
less  than  $100  nor  more  than  $1,000,  and  imprisoned  for  not  more  than 
one  year,  or  until  the  fees  received  and  unearned  as  aforesaid  shall 
have  been  properly  accounted  for  and  paid  over  b}^  him,  as  herein- 
before provided.  And  in  addition  such  fees  may  be  recovered  from 
such  clerk  or  commissioner  or  the  bondsmen  of  either,  in  a  civil  action 
which  shall  be  brought  by  the  district  attorney,  in  the  name  of  the 
United  States,  to  recover  the  same;  and  the  amount  when  recovered 
shall  be  by  the  court  transferred  to  the  successor  in  office  of  such 
recorder,  who  shall  thereupon  proceed  to  record  the  unrecorded  instru- 
ments: Provided,  Miners  in  any  organized  mining  district  may  make 
rules  and  regulations  governing  the  recording  of  notices  of  location  of 
mining  claims,  water  rights,  flumes  and  ditches,  mill  sites,  and  affida- 
vits of  labor,  not  in  conflict  with  this  act  or  the  general  laws  of  the 
United  States;  and  nothing  in  this  act  shall  be  construed  so  as  to  pre- 
vent the  miners  in  any  regularly  organized  mining  district  not  within 
any  recording  district  established  by  the  court  from  electing  their  own 
mining  recorder  to  act  as  such  until  a  recorder  therefor  is  appointed  by 
the  court :  Provided  further.  All  records  heretofore  regularly  made  by 
the  United  States  commissioner  at  Dyea,  Skagway,  and  the  recorder 
at  Douglas  City,  not  in  conflict  with  any  records  regularly  made  with 
the  United  States  commissioner  at  Juneau,  are  hereby  legalized. 
And  all  records  heretofore  made  in  good  faith  in  any  regularly  organ- 
ized mining  district  are  hereby  made  public  records,  and  the  same  sliall 
be  delivered  to  the  recorder  for  the  recording  district  including  such 
mining  district  within  six  months  from  the  passage  of  this  act.  (Act 
of  June  6,  1900,  31  Stat.  321,  p.  328;  2  Supp.  R.  S.  1200.) 

Carter  Code,  sec.  16;  Charlton  Code,  sec.  5947. 

A.  MINERS'  REGULATIONS— VALIDITY. 

Section  16  of  the  original  act  prohibits  the  miners  in  any  district  from  enacting  and 
enforcing  rules  in  conflict  with  mining  statutes  and  it  therefore  repeals  existing  rules 
of  miners  in  conflict  with  the  provisions  of  this  statute. 

Butler  V.  Good  Enough  Min.  Co.,  1  Alaska  246,  p.  253. 

This  act,  supplementing  section  2324  R.  S.,  authorizes  miners  in  any  organized 
mining  district  to  make  rules  and  regulations  governing  the  recording  of  location 
notices. 

McFarland  v.  Alaska  Perseverance  Min.  Co.,  3  Alaska  308,  p.  320. 


902 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Sec.  416.  The  legislative  power  of  the  Territory  shall  extend  to  all 
rightful  subjects  of  legislation  not  inconsistent  with  the  Constitution 
and  laws  of  the  United  States,  but  no  law  shall  be  passed  interfering 
with  the  primary  disposal  of  the  soil;  no  tax  shall  be  imposed  upon 
the  property  of  the  United  States;  nor  shall  the  lands  or  other  prop- 
erty of  nonresidents  be  taxed  higher  than  the  lands  or  other  property 
of  residents;  nor  shall  the  legislature  grant  to  any  corporation,  asso- 
ciation, or  individual  any  special  or  exclusive  privilege,  immunity,  or 
franchise  without  the  affirmative  approval  of  Congress;  nor  shall  the 
legislature  pass  local  or  special  laws  in  any  of  the  cases  enumerated  in 
the  act  of  July  30,  1886;  nor  shall  it  grant  private  charters  or  special 
privileges,  but  it  may,  by  general  act,  permit  persons  to  associate 
themselves  together  as  bodies  corporate  for  manufacturing,  mining, 
agricultural,  and  other  industrial  pursuits,  and  for  the  conduct  of 
business  of  insurance,  savings  banks,  banks  of  discount  and  deposit 
(but  not  of  issue),  loans,  trust,  and  guaranty  associations,  for  the 
estabhshment  and  conduct  of  cemeteries,  and  for  the  construction 
and  operation  of  railroads,  wagon  roads,  vessels,  and  irrigating 
ditches,  and  the  colonization  and  improvement  of  lands  in  connection 
therewith,  or  for  colleges,  seminaries,  churches,  libraries,  or  any  other 
benevolent,  charitable,  or  scientific  association,  but  the  authority 
embraced  in  this  section  shall  only  permit  the  organization  of  cor- 
porations or  associations  whose  chief  business  shall  be  in  the  Territory 
of  Alaska.  (Act  of  July  30,  1886,  37  Stat.  512.) 

Sec.  425.  That  an  officer  of  the  Engineer  Corps  of  the  United 
States  Army,  a  geologist  in  charge  of  Alaska  surveys,  an  officer  in 
the  Engineer  Corps  of  the  United  States  Navy,  and  a  civil  engineer 
who  has  had  practical  experience  in  railroad  construction  and  has 
not  been  connected  with  any  railroad  enterprise  in  said  Territory  be 
appointed  by  the  President  as  a  commission  hereby  authorized  and 
instructed  to  conduct  an  examination  into  transportation  ques- 
tion in  the  Territory  of  Alaska;  to  examine  railroad  routes  from  the 
seaboard  to  the  coal  fields  and  to  the  interior  and  navigable  water- 
ways; to  secure  surveys  and  other  information  with  respect  to  rail- 
roads, including  cost  of  construction  and  operation;  to  obtain  in- 
formation in  respect  to  the  coal  fields  and  their  proximity  to  railroad 
routes;  and  to  make  report  of  the  facts  to  Congress  on  or  before  the 
1st  day  of  December,  1912,  or  as  soon  thereafter  as  may  be  practicable, 
together  with  their  conclusions  and  recommendations  in  respect  to 
the  best  and  most  available  routes  for  railroads  in  Alaska  which  will 
develop  the  country  and  the  resources  thereof  for  the  use  of  the  people 
of  the  United  States:  Provided  further.  That  the  sum  of  $25,000,  or 
so  much  thereof  as  may  be  necessary,  is  hereby  appropriated,  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated,  to  defray  the 
expenses  of  said  commission.  (Act  of  July  30,  1886,  37  Stat.  512.) 

Sec.  633.  Subject  to  the  provisions  of  this  chapter,  the  right  of 
eminent  domain  may  be  exercised  in  behalf  of  the  following  public 
uses: 

(3)  Public  buildings  and  grounds  for  the  use  of  any  precinct,  city, 
town,  viUage,  school,  district  or  other  municipal  division,  whether 
incorporated  or  unincorporated;  canals,  aqueducts,  flumes,  ditches,  or 
pipes  conducting  water,  heat,  or  gas  for  the  use  of  the  inhabitants  of 
any  precinct,  city,  town,  or  other  municipal  division,  whether  incor- 


ALASKA  COMPILED  LAWS,  PP.  HOI -5)L'j. 


903 


pomtod  or  unincorporated;  raising  the  banks  of  streams,  removing 
obstructions  therefrom,  and  widening,  deepening,  or  straightening 
their  channels;  roads,  streets,  and  alleys,  ajid  all  other  pu])lic  uses  for 
the  benefit  of  any  precinct,  city,  town,  or  other  municipal  division, 
whether  incorporated  or  unincorporated,  or  the  inhabitants  thereof, 
which  may  be  authorized  by  Congress  or  other  legislative  authority  of 
the  district. 

(4)  Wharves,  docks,  piers,  chutes,  booms,  ferries,  bridges  of  all 
kinds,  private  roads,  plank  and  turn])ike  roads,  railroads,  canals, 
ditches,  flumes,  aqueducts,  and  pipes  for  public  transportation,  sup- 
plying mines  and  farming  neighborhoods  with  water,  and  draining 
and  reclaiming  lands,  and  for  floating  logs  and  lumber  on  streams 
not  navigable,  and  sites  for  reservoirs  necessary  for  collecting  and 
storingwater. 

(5)  Koads,  tunnels,  ditches,  flumes,  pipes,  and  dumping  places  for 
working  mines;  also  outlets,  natural  or  otherwise,  for  the  flow,  de- 
posit, or  conduct  of  tailings  or  refuse  matter  from  mines;  also  an 
occupancy  in  common  by  the  owners  or  possessors  of  different  mines 
of  any  place  for  the  flow,  deposit,  or  conduct  of  tailings  or  refuse 
matter  from  their  several  mines,  and  sites  for  reservoirs  necessary  for 
collecting  and  storing  water. 

(6)  Private  roads  leading  from  highways  to  residences,  mines,  or 
farms. 

(10)  Tramway  lines.   (Act  of  June  6,  1900,  31  Stat.  494,  p.  522.) 

Sec.  691.  Every  mechanic,  artisan,  machinist,  builder,  contractor, 
lumber  merchant,  laborer,  teamster,  drayman,  and  other  persons  per- 
forming labor  upon  or  furnishing  material,  of  any  kind  to  be  used  in 
the  construction,  development,  alteration,  or  repair,  either  in  whole 
or  in  part,  of  any  building,  wharf,  bridge,  flume,  mine,  tunnel,  fence, 
machinery,  or  aqueduct,  or  any  structure  or  superstructure,  shall  have 
a  lien  upon  the  same  for  the  work  or  labor  done  or  material  furnished 
at  the  mstance  of  the  owner  of  the  building  or  other  improvement 
or  his  agent;  and  every  contractor,  subcontractor,  architect,  builder, 
or  other  person  having  charge  of  the  construction,  alteration,  or 
repair,  in  whole  or  in  part,  of  any  building  or  other  improvement 
as  aforesaid  shaU  be  held  to  be  the  agent  of  the  owner  for  the  pur- 
poses of  this  code.  (Act  of  June  6,  1900,  31  Stat.  494,  p.  534.) 

Carter  Code,  sec.  262;  Charlton  Code,  sec.  262. 

Sec.  692.  The  land  upon  which  any  building  or  other  improvement 
as  aforesaid  shaU  be  constructed,  together  with  a  convenient  space 
about  the  same,  or  so  much  as  may  be  required  for  the  convenient  use 
and  occupation  thereof  (to  be  determined  by  the  judgment  of  the 
court  at  the  time  of  the  foreclosure  of  such  lien),  and  the  mine  on 
which  the  labor  was  performed  or  for  which  the  material  was  fur- 
nished shall  also  be  subject  to  the  liens  created  by  this  code  if,  at  the 
time  the  work  was  commenced  or  the  materials  for  the  same  had  been 
commenced  to  be  furnished,  the  land  belonged  to  the  person  who 
caused  the  building  or  other  improvement  to  be  constructed,  altered, 
or  repaired;  but  if  such  person  owned  less  than  a  fee-simple  estate  in 
such  land,  then  only  his  interest  therein  shall  be  subject  to  such  lien; 
and  in  case  such  interest  shall  be  a  leasehold  interest,  and  the  holder 
thereof  shall  have  forfeited  his  rights  thereto,  the  purchaser  of  such 


904  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

building  or  improvement  and  leasehold  term,  or  so  much  thereof  as 
reniams  unexpired  at  any  sale  under  the  provisions  of  this  code,  shall 
be  held  to  be  the  assignee  of  such  leasehold  term,  and  as  such  shall  be 
entitled  to  pay  the  lessor  all  arrears  of  rent  or  other  money  and  costs 
due  under  the  lease,  unless  the  lessor  shall  have  regained  possession 
of  the  land  and  property,  or  obtained  judgment  for  the  possession 
thereof,  prior  to  the  commencement  of  the  construction,  alteration,  or 
repair  of  the  building  or  other  improvement  thereof;  in  which  event 
the  purchaser  shall  have  the  right  only  to  remove  the  building  or 
other  improvement  within  30  days  after  he  shall  have  purchased 
the  same;  and  the  owner  of  the  land  shall  receive  the  rent  due  him, 
payable  out  of  the  proceeds  of  the  sale,  according  to  the  terms  of  the 
lease,  down  to  the  time  of  such  removal.  (Act  of  June  6,  1900,  31 
Stat.  494,  p.  534.) 

Sec.  693.  A  lien  created  by  this  code  upon  any  parcel  of  land  shall 
be  preferred  to  any  lien,  mortgage,  or  other  incumbrance  which  may 
have  attached  to  the  land  subsequent  to  the  time  when  the  building  or 
other  improvement  was  commenced,  or  the  materials  were  commenced 
to  be  furnished  and  placed  upon  or  adjacent  to  the  land;  also  to  any 
lien,  mortgage,  or  other  incumbrance  which  was  unrecorded  at  the 
time  when  the  building,  structure,  or  other  improvement  was  com- 
menced, or  other  materials  for  the  same  were  commenced  to  be  fur- 
nished and  placed  upon  or  adjacent  to  the  land;  and  all  liens  created 
by  this  code  upon  any  building  or  other  improvements  shall  be  pre- 
ferred to  all  prior  liens,  mortgages,  or  other  incumbrances  upon  the 
land  upon  which  the  building  or  other  improvement  shall  have  been 
constructed  or  situated  when  altered  or  repaired;  and  in  enforcing 
such  lien,  such  building  or  other  improvement  may  be  sold  separately 
from  the  land,  and  when  so  sold  the  purchaser  may  remove  the  same, 
within  a  reasonable  tune  thereafter,  not  to  exceed  30  days,  upon 
the  payment  to  the  owner  of  the  land  of  a  reasonable  rent  for  its  use 
from  the  date  of  its  purchase  to  the  time  of  removal:  Provided,  If 
such  removal  be  prevented  by  legal  proceedings,  the  30  days  shall 
not  begin  to  run  until  the  final  determination  of  such  proceedings  in 
the  court  of  first  resort  or  the  appellate  court  if  appeal  be  taken.  (Act 
of  June  6,  1900,  31  Stat.  494,  p.  535.) 

Carter  Code,  sec.  264;  Charlton  Code,  sec.  264. 

Sec.  694.  Every  building  or  other  improvement  mentioned  in  sec- 
tion 691,  constructed  upon  any  lands  with  the  knowledge  of  the  owner 
or  the  person  having  or  claiming  any  interest  therein,  shall  be  held 
to  have  been  constructed  at  the  instance  of  such  owner  or  person 
having  or  claiming  any  interest  therein;  and  the  interest  owned  or 
claimed  shall  be  subject  to  any  lien  filed  in  accordance  with  the  pro- 
visions of  this  code,  unless  such  owner  or  person  having  or  claiming 
an  interest  therein  shall,  within  three  days  after  he  shall  have  ob- 
tained knowledge  of  the  construction,  alteration,  or  repair,  give  notice 
that  he  will  not  be  responsible  for  the  same,  by  posting  a  notice  in 
writing  to  that  effect  in  some  conspicuous  place  upon  the  land,  or 
upon  the  building  or  other  improvement  situated  thereon.  (Act  of 
June  6,  1900,  31  Stat.  494,  p.  535.) 

Carter  Code,  sec.  265;  Cliarlton  Code,  sec.  265. 

Sec.  695.  It  shall  be  the  duty  of  every  original  contractor,  within 
60  days  after  the  completion  of  his  contract,  and  of  every  mechanic. 


ALASKA  C()MPTr,ED  T.AWS,  PP.  861-913. 


905 


artisan,  machinist,  builder,  lumber  merchant,  laborer,  or  other  person, 
save  the  original  contractor,  claiming  the  benefit  of  this  code,  within 
30  days  after  the  completion  of  the  alteration  or  repair  thereof,  or 
after  he  has  ceased  to  labor  thereon  from  any  cause,  or  after  he  has 
ceased  to  furnish  materials  therefor,  to  file  with  the  recorder  of  the 
precinct  in  which  such  building  or  other  improvement,  or  some  part 
thereof,  shall  be  situated,  a  claim  containing  a  true  statement  of  his 
demand,  after  deducting  all  just  credits  and  offsets,  with  the  name  of 
the  owner  or  reputed  owner,  if  known,  and  also  the  name  of  the  per- 
son by  whom  he  was  employed  or  to  whom  he  furnished  the  materials, 
and  also  a  description  of  the  property  to  be  charged  with  the  lien  suf- 
ficient for  identification,  whicn  claim  shall  be  verified  by  the  oath  of 
himself  or  of  some  other  person  having  knowledge  of  the  facts.  (Act 
of  June  6,  1900,  31  Stat.  494,  p.  535.) 

Carter  Code,  sec.  266;  Charlton  Code,  sec.  266. 

Sec.  696.  The  recorder  shall  record  the  claim  in  a  book  kept  for 
that  purpose,  which  records  shall  be  indexed  as  deeds  and  other  con- 
veyances are  required  by  law  to  be  indexed,  and  for  which  he  shall 
receive  the  same  fees  as  are  allowed  by  law  for  recording  deeds  and 
other  instruments.   (Act  of  June  6,  1900,  31  Stat.  494,  p.  536.) 

Carter  Code,  sec.  267;  Charlton  Code,  sec.  267. 
Note. — See  sec.  379,  Political  Code. 

Sec.  697.  No  lien  provided  for  in  this  code  shall  bind  any  building, 
structure,  or  other  improvement  for  a  longer  period  than  six  months 
after  the  same  shall  have  been  filed,  unless  suit  be  brought  before  the 
proper  court  within  that  time  to  enforce  the  same,  or,  if  a  credit  be 
given,  then  six  months  after  the  expiration  of  such  credit;  but  no  lien 
shall  be  continued  in  force  for  a  longer  time  than  one  year  from  the 
time  the  work  is  completed  by  any  agreement  to  give  credit.  (Act  of 
June  6,  1900,  31  Stat.  494,  p.  536.) 

Carter  Code,  sec.  268;  Charlton  Code,  sec.  268. 

Sec.  698.  Any  person  who  shall,  at  the  request  of  the  owner  of  any 
lot  in  the  District,  grade,  fill  in,  or  otherwise  improve  the  same  or  the 
street  in  front  of  or  adjoining  the  same,  shall  have  a  lien  upon  such 
lot  for  his  work  done  and  materials  furnished  in  the  grading,  filling 
in,  or  otherwise  improving  the  same;  aad  all  the  provisions  of  this 
code  respecting  the  securing  and  enforcing  the  mechanic's  lien  shall 
apply  thereto.    (Act  of  June  6,  1900,  31  Stat.  494,  p.  536.) 

Carter  Code,  sec.  269;  Charlton  Code,  sec.  269. 

Sec.  699.  Actions  to  enforce  the  liens  created  by  this  code  shall  be 
brought  before  the  district  court,  and  the  pleadings,  process,  practice, 
and  other  proceedings  shall  be  the  same  as  in  other  cases.  In  case 
the  proceeds  of  any  sale  under  this  code  shall  be  insufficient  to  pay  all 
lien  holders  under  it,  the  liens  of  all  persons  other  than  the  original 
contractor  (and  subcontractors)  shall  first  be  paid  in  full,  or  pro  rata 
if  the  proceeds  be  insufficient  to  pay  them  m  full;  and  out  of  the 
remainder,  if  any,  the  subcontractor  shall  be  paid  in  full,  or  pro  rata 
if  the  remainder  be  insufficient  to  pay  them  in  full,  and  the  remainder, 
if  any,  shall  be  paid  to  the  original  contractor;  and  each  claimant 
shall  be  entitled  to  execution  for  any  balance  due  him  after  such  dis- 
tribution, such  execution  to  be  issued  by  the  clerk  of  the  district  court, 

56974°— Bull.  94,  pt  2— 15  6 


906 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


upon  demand,  after  the  return  of  the  marshal  or  other  officer  making 
the  sale  showing  such  balance  due. 

In  all  actions  under  this  chapter  the  district  court  shall,  upon  enter- 
ing judgment  for  the  plaintiff,  allow  as  a  part  of  the  costs  all  moneys 
paid  for  the  filing  and  recording  of  the  lien,  and  also  a  reasonable 
amount  as  attorney's  fees.  All  actions  to  enforre  any  lien  created  by 
this  code  shall  have  preference  upon  the  calendar  of  civil  actions 
brought  before  the  district  court  and  shall  be  tried  without  unneces- 
sary delay. 

In  all  actions  to  enforce  any  lien  created  by  this  chapter  all  persons 
personally  liable  and  all  lien  holders  whose  claims  have  been  filed  for 
record  under  the  provisions  of  section  695  shall,  and  all  other  persons 
interested  in  the  matter  in  controversy  or  in  the  property  sought  to  be 
charged  with  the  lien  may,  be  made  parties ;  but  such  as  are  not  made 
parties  shall  not  be  bound  by  such  proceedings.  The  proceedings 
upon  the  foreclosure  of  the  liens  created  by  this  code  shall  be,  as  nearly 
as  possible,  made  to  conform  to  the  proceedings  of  a  foreclosure  of  a 
mortgage  lien  upon  real  property.  (Act  of  June  6,  1900,  31  Stat. 
494,  p.  536.) 

Sec.  700.  No  payment  by  the  owner  of  the  building  or  structure  to 
any  original  contractor  or  subcontractor,  made  before  30  days  from 
the  completion  of  the  building,  shall  be  valid  for  the  purpose  of  defeat- 
ing or  discharging  any  lien  created  by  this  chapter  in  favor  of  any 
workman,  laborer,  lumber  merchant,  or  material  man,  unless  such 
payment  so  made  by  the  owner  of  the  building  or  structure  to  such 
original  contractor  or  subcontractor  has  been  distributed  among  such 
workmen,  laborers,  lumber  merchants,  or  material  men,  or,  if  dis- 
tributed in  part  only,  then  the  same  shall  be  valid  only  to  the  extent 
the  same  has  been  so  distributed.  (Act  of  June  6,  1900,  31  Stat.  494, 
p.  536.) 

Sec.  701.  Any  contractor  shall  be  entitled  to  recover  upon  a  lien 
filed  by  him  only  such  amount  as  may  be  due  to  him  according  to  the 
terms  of  his  contract,  after  deducting  all  claims  of  other  parties  for 
work  done  and  materials  furnished  as  aforesaid ;  and  in  all  cases  where 
a  lien  shall  be  filed  under  this  chapter  for  work  done  or  materials  fur- 
nished to  any  contractor  he  shall  defend  any  action  brought  thereupon 
at  his  own  expense,  and  during  the  pendency  of  such  action  the  owner 
may  withhold  from  the  contractor  the  amount  of  money  for  which 
such  lien  is  filed;  and  in  case  of  judgment  against  the  owner  or  his 
property  upon  the  liens  the  owner  shall  be  entitled  to  deduct  from 
any  amount  due  or  about  to  become  due  by  him  to  the  contractor  the 
amount  of  such  judgment  and  costs;  and  if  the  amount  of  such  judg- 
ment and  costs  shall  exceed  the  amount  due  by  him  to  the  contractor, 
or  if  the  owner  shall  have  settled  with  the  contractor  in  full,  he  shall 
be  entitled  to  recover  back  from  the  contractor  any  amount  so  paid  by 
him,  the  owner,  in  excess  of  the  contract  price,  and  for  which  the 
contractor  was  originally  the  party  liable.  (Act  of  June  6,  1900,  31 
Stat.  494,  p.  537.) 

Carter  Code,  sec.  272;  Charlton  Code,  sec.  272. 

Sec.  702.  Whenever  any  mechanic,  artisan,  machinist,  builder, 
lumber  merchant,  contractor,  laborer,  or  other  person  shall  have  fur- 
nished or  procured  any  materials  for  use  in  the  construction,  altera- 
tion, or  repair  of  any  building  or  other  improvement,  such  materials 


ALASKA  COMPILED  LAWS,  PP.  861-0L3. 


907 


shall  not  be  subject  to  attachment,  execution,  or  other  legal  process  to 
enforce  any  debt  due  by  the  purchaser  of  such  materials  except  a  debt 
due  for  the  purchase  money  thereof,  so  long  as  in  good  faith  the  same 
have  been  or  are  about  to  be  applied  to  the  construction,  alteration, 
or  repair  of  such  building,  structure,  or  other  improvement.  (Act 
of  June  6,  1900,  31  Stat.  494,  p.  537.) 
Carter  Code,  sec.  273;  Charlton  Code,  sec.  273. 

Sec.  703.  The  words  building  or  other  improvement,"  wherever 
the  same  are  used  in  this  chapter,  shall  be  held  to  include  and  apply 
to  any  wharf,  bridge,  ditch,  flume,  tunnel,  fence,  machinery,  aque- 
duct to  create  hydraulic  power,  or  for  mining  or  other  purposes,  and 
all  other  structures  and  superstructures,  whenever  the  same  can  be 
made  applicable  thereto;  and  the  words  ^'construction,  alteration,  or 
repair,"  wherever  the  same  are  used  herein,  shall  be  held  to  include 
partial  construction,  and  all  repairs  done  in  and  upon  any  building  or 
other  hnprovement.    (Act  of  June  6,  1900,  31  Stat.  494,  p.  537.) 

Carter  Code,  sec*  274;  Charlton  Code,  sec.  274. 

Sec.  704.  Nothing  contained  in  this  chapter  shall  affect  any  lien 
heretofore  acquired,  but  the  same  may  be  enforced  by  the  provisions 
of  this  chapter;  and  where  actions  are  now  pending  the  proceedings, 
after  this  chapter  goes  into  effect,  may  be  conducted  according  to  this 
chapter.    (Act  of  June  6,  1900,  31  Stat.  494,  p.  537.) 

Carter  Code,  sec.  275;  Charlton  Code,  sec.  275. 

Sections  691  to  704,  inclusive,  are  sections  262  to  275,  inclusive,  of  the  Civil  Code  for 
the  District  of  Alaska.    See  sections  164  and  174. 

Sec.  798.  Three  or  more  adult  persons,  bona  fide  residents  of  the 
District  of  Alaska,  may  form  a  corporation  in  the  manner  and  subject 
to  the  limitations  provided  in  this  chapter  for  the  following  purposes, 
to  :wit : 

''First.  To  construct,  own,  and  operate  railroads,  tramways,  street 
railways,  wagon  roads,  canals,  flumes,  and  telegraph  and  telephone 
lines  in  Alaska. 

"Second.  To  acquire,  hold,  and  operate  mines  in  Alaska. 

"Third.  To  carry  on  the  fishery  industry  in  all  its  branches  in 
Alaska  and  in  the  waters  contiguous  and  adjacent  thereto. 

"Fourth.  To  construct  and  operate  smelters,  electric  and  other 
power  and  lighting  plants,  docks,  wharves,  elevators,  warehouses,  and 
hotels  in  Alaska. 

"Fifth.  To  carry  on  trade,  transportation,  agriculture,  lumbering, 
and  manufacturing  in  Alaska."    (Act  of  May  2,  1903,  32  Stat.  947.) 
Charlton  Code,  sec.  1,  page  88. 

Sec.  836.  The  periods  prescribed  in  section  835  of  this  act  for  the 
commencement  of  actions  shall  be  as  follows: 

Within  10  years  actions  for  the  recovery  of  real  property,  or  for  the 
recovery  of  tne  possession  thereof ;  and  no  action  shall  be  maintained 
for  such  revovery  unless  it  shall  appear  that  the  plaintiff,  his  ancestor, 
predecessor,  or  grantor  was  seized  or  possessed  of  the  premises  in 
cjuestion  within  10  years  before  the  commencement  of  the  action: 
Provided,  In  all  cases  where  a  cause  of  action  has  already  accrued, 
and  the  period  prescribed  in  this  section  within  which  an  action  may 
be  brought  has  expired  or  will  expire  within  one  year  from  the  approval 


908  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

of  this  act,  an  action  may  be  brought  on  such  cause  of  action  within 
one  year  from  the  date  of  the  approval  of  the  act.  (Act  of  June  6, 
1900,  31  Stat.  321,  p.  334.) 

Carter  Code,  sec.  4;  Charlton  Code,  sec.  4. 

A.    RECOVERY  OF  POSSESSION  OF  MINING  CLAIMS. 

1.  Time  of  beginning  action. 

2.  Possession  of  mining  claim  for  ten  years — Effect  and 

RIGHTS. 

A.  RECOVERY  OF  POSSESSION  OF  MINING  CLAIM. 

1.  TIME  OF  beginning  ACTION. 

An  action  to  recover  possession  of  a  mining  claim  in  Alaska  is  not  barred  by  the 
period  of  limitation  where  it  is  brought  within  one  year  from  the  approval  of  the  act, 
as  provided  in  section  4,  title  two  of  Alaska  Civil  Government  Act. 

Tyee  Consol.  Min.  Co.  v.  Langstedt,  1  Alaska  439,  136  Fed.  124,  p.  126. 
Reversing  Tyee  Consol.  Min.  Co.  v.  Langstedt,  121  Fed.  709. 
See  Tyee  Consol.  Min.  Co.  v.  Jennings,  137  Fed.  863,  p.  865. 

2.  POSSESSION  OF  MINING  CLAIM  FOR  TEN  YEARS  EFFECT  AND  RIGHTS. 

A  person  who  retains  the  possession  of  any  part  of  the  surface  ground  of  a  mining 
claim  and  occupies  the  same  continuously  for  a  period  of  10  years  or  more  after  the 
location  of  the  claim  and  before  patent  issues  may  successfully  plead  the  statute  of 
limitations  in  resisting  the  mining  claimant's  action  in  ejectment  or  for  possession^ 
and  may  plead  the  same  after  patent  has  issued,  though  the  10  years  required  to  be 
pleaded  by  the  statute  have  not  expired  since  patent  issued,  but  had  in  part  run 
before  patent  and  after  location,  as  the  statute  begins  to  run  from  the  time  of  the  loca- 
tion and  not  from  the  date  of  the  patent. 

Tyee  Consol.  Min.  Co.  v.  Langstedt,  1  Alaska  439,  p.  467;  136  Fed.  124. 

Sec.  867.  No  action  shall  abate  by  the  death  or  disability  of  a 
party  or  by  the  transfer  of  any  interest  therein,  if  the  cause  of  ac- 
tion survive  or  continue.  In  case  of  the  death  or  disability  of  a 
party,  the  court  may  at  any  time  within  two  years  thereafter,  on 
motion,  allow  the  action  to  be  continued  by  or  against  his  personal 
representatives  or  successor  in  interest.  (Act  of  June  6,  1900,  31 
Stat.  321,  p.  391.) 

Carter  Code,  sec.  35;  Charlton  Code,  sec.  35. 

A.  SURVIVAL  OF  ACTION  TO  DETERMINE  ADVERSE  MINING  CLAIM. 

An  action  against  two  defendants  to  determine  an  adverse  claim  to  mining  prop- 
erty survives  the  death  of  one  of  such  defendants  and  such  action  must  be  continued, 
tried,  and  determined  as  against  the  surviving  defendant. 

Mackay  v.  Fox,  121  Fed.  487. 

Sec.  1133.  Any  person  who  has  a  legal  estate  in  real  property, 
and  a  present  right  to  the  possession  thereof,  may  recover  such  pos- 
session, with  damages  for  withholding  the  same,  by  an  action.  Such 
action  shall  be  commenced  against  the  person  in  the  actual  posses- 


ALASKA  COMPILED  LAWS,  PP.  861-013. 


909 


sion  of  the  property  at  the  time,  or,  if  the  property  be  not  in  the 
actual  possession  of  anyone,  then  against  the  person  acting  as  the 
owner  thereof.    (Act  of  June  6,  1900,  31  Stat.  321,  p.  383.) 
Carter  Code,  sec.  301;  Charlton  Code,  sec.  301. 

A.  ACTION  TO  MAINTAIN  POSSESSORY  RIGHT  TO  MINING  CLAIM. 

Under  section  301  Alaska  Civil  Government  Act  (31  Stat.  321,  p.  383),  a  person 
may  maintain  an  action  to  recover  possession  of  a  mining  claim. 
Tyee  Consol.  Min.  Co.  v.  Langstedt,  1  Alaska  439,  p.  452. 

A  locator  of  a  mining  claim  in  Alaska  who  is  living  upon  the  claim  in  a  tent,  and 
who  has  begun  to  sink  a  shaft  on  such  claim  as  a  preliminary  step  in  prospecting  or 
developing  the  same  as  a  mining  claim,  is  a  person  in  possession  under  section  475 
and  may  maintain  a  suit  under  this  statute  against  an  adverse  claimant. 

Lange  v.  Robinson,  148  Fed.  799,  p.  804. 
See  Sepulveda  v.  Sepulveda,  39  Cal.  13. 

Durrell  v.  Abbott,  6  Wyo.  265,  44  Pac.  647. 

Charlton  v.  Kelley,  156  Fed.  433,  p.  437. 

Sec.  1184.  All  other  causes  of  action  by  one  person  against  an- 
other, whether  arising  on  contract  or  otherwise,  survive  to  the  per- 
sonal representatives  of  the  former  and  against  the  personal  repre- 
sentatives of  the  latter.  When  the  cause  of  action  survives,  as 
herein  provided,  the  executors  or  administrators  may  maintain  an 
action  thereon  against  the  party  against  whom  the  cause  of  action 
accrued,  or,  after  his  death,  against  his  personal  representatives. 
(Act  of  June  6,  1900,  31  Stat.  321,  p.  391.) 

Carter  Code,  sec.  352;  Charlton  Code,  sec.  352. 

Sec.  1307.  Any  person  in  possession,  by  himself  or  his  tenant,  of 
real  property,  may  maintain  an  action  of  an  equitable  nature  against 
another  who  claims  an  estate  or  interest  therein  adverse  to  him,  for 
the  purpose  of  determining  such  claim,  estate,  or  interest.  (Act  of 
June  6,  1900,  31  Stat.  410,  p.  411.) 

Carter  Code,  sec.  475;  Charlton  Code,  sec.  475. 

Sec.  1946.  That  if  any  person  shall  willfully  cut  down,  destroy,  or 
injure  any  standing  or  growing  tree  upon  the  lands  of  another,  or 
shall  willfully  take  or  remove  from  any  such  lands  any  timber  or 
wood  previously  cut  or  severed  from  the  same,  or  shall  willfully  dig, 
take,  quarry,  or  remove  from  any  such  lands  any  mineral,  earth,  or 
stone,  such  person,  upon  conviction  thereof,  shall  be  punished  by 
imprisonment  in  the  county  jail  not  less  than  one  month  nor  more 
than  one  year,  or  by  fine  not  less  than  fifty  nor  more  than  one  thou- 
sand dollars.  (Act  of  Mar.  3,  1899,  30  Stat.  1253,  p.  1262.  See  4 
Stat.  472,  Timber-cutting  acts.) 

Carter  Code,  sec  66;  Charlton  Code,  sec.  66. 

Sec.  1955.  That  any  person  who  shall  break  or  rob  in  any  manner 
or  who  shall  attempt  to  break  or  rob  any  flume,  rocker,  quartz,  quartz 
vein,  or  lode,  bedrock,  sluice,  sluice  box,  or  mining  claim  not  his  own, 
or  who  shall  trespass  upon  such  mining  claim,  with  the  intent  to 
commit  a  felony,  shall,  upon  conviction  thereof,  be  punished  by  im- 
prisonment in  the  penitentiary  not  less  than  one  nor  more  than  five 


910  UNITED  STATES  MIKING  STATUTES  ANNOTATED. 


years,  or  by  fine  not  less  than  one  hundred  nor  more  than  one  thousand 
dollars,  or  by  both  such  imprisonment  and  fine.    (Act  of  Mar.  3, 
1899,  30  Stat.  1253,  p.  1263.) 
Carter  Code,  sec.  75;  Charlton  Code,  sec.  75. 

Sec.  2569.  That  any  person  or  persons,  corporation,  or  company 
prosecuting  or  attempting  to  prosecute  any  of  the  following  lines  of 
business  within  the  District  of  Alaska  shall  first  apply  for  and  obtain 
license  so  to  do  from  a  district  court  or  a  subdivision  thereof  in  said 
District,  and  pay  for  said  license  for  the  respective  lines  of  business 
and  trade  as  follows,  to  wit: 

Mines:  Quartz  mills,  $3  per  stamp  per  year.  (Act  of  June  6,  1900^ 
31  Stat.  331,  amending  30  Stat.  1336.) 

29  STAT.  618,  2  SITPP.  R.  S.  573,  p.  574,  MARCH  2,  1897. 

ALIENS  ACQUIRING  MINING  CLAIMS. 

AN  ACT  To  better  define  and  regulate  the  rights  of  aliens  to  hold  and  own  real  estate 

in  the  Territories,  etc. 

Be  it  enacted,  etc.    *    *  *. 

Sec.  2.  That  this  act  shall  not  apply  to  land  now  owned  in  any 
of  the  Territories  of  the  United  States  by  aliens,  which  was  acquired 
on  or  before  March  3,  1887,  so  long  as  it  is  held  by  the  then  owners, 
their  heirs  or  legal  representatives,  nor  to  any  alien  who  shall  become 
a  bona  fide  resident  of  the  United  States,  and  any  alien  who  shall 
become  a  bona  fide  resident  of  the  United  States,  or  shall  have  de- 
clared his  intention  to  become  a  citizen  of  tlje  United  States  in  the 
manner  provided  by  law,  shall  have  the  right  to  acquire  and  hold 
lands  in  either  of  the  Territories  of  the  United  States  upon  the  same 
terms  as  citizens  of  the  United  States:  Provided,  That  if  any  such 
resident  alien  shall  cease  to  be  a  bona  fide  resident  of  the  United 
States  then  such  alien  shall  have  10  years  from  the  time  he  ceases 
to  be  such  bona  fide  resident  in  which  to  alienate  such  lands.  This 
act  shall  not  be  construed  to  prevent  any  persons  not  citizens  of  the 
United  States  from  acquiring  or  holding  lots  or  parcels  of  lands  in 
any  incorporated  or  platted  city,  town,  or  village,  or  in  any  mined 
or  mining  claim,  in  any  of  the  Territories  of  the  United  States. 

A.  ALIENS  MAY  LOCATE  MINING  CLAIMS  IN  ALASKA. 

This  statute  in  its  application  to  Alaska  permits  aliens  or  persons  who  shall  become 
bona  fide  residents  of  the  United  States  to  acquire  title  to  the  lands  or  mining  claims 
by  purchase. 

Shea  V.  Nilima,  133  Fed.  209,  p.  216. 

Under  this  statute  a  court  has  no  power  to  inquire  into  and  to  determine  the  question 
of  citizenship  of  the  locator  of  a  mining  claim  in  the  District  of  Alaska. 
Tornanses  v.  Nelsing,  i09  Fed.  710,  p.  712. 


ALASKA  COMPILED  LAWS,  PP.  861-913. 


911 


37  STAT.  417,  p.  466,  AUGUST  24,  1910. 

MINERAL  LANDS— SURVEY. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for 
the  fiscal  year  ending  June  13,  1913. 

Be  it  enacted,  etc.,  That  the  following  sums  be,  and  the  same  are 
hereby,  appropriated,  for  the  objects  hereinafter  expressed,  for  the 
fiscal  year  endmg  June  30,  1913: 

For  continuation  of  the  investigation  of  the  mineral  resources  of 
Alaska,  $90,000;    *    *  *. 

PROCLAMATIONS  BY  THE  PRESIDENT. 

Sec.  234.  Whereas,  it  appears  that  the  public  good  would  be  pro- 
moted by  excluding  certain  lands  from  the  Alexander  Archipelago 
National  Forest,  in  the  Territory  of  Alaska,  established  by  procla- 
mation issued  August  20,  1902; 

:is  *  *  *  *  *  * 

Excepting  from  the  force  and  effect  of  this  proclamation  all  lands 
which  are  at  this  date  embraced  in  any  legal  entry  or  covered  by  any 
lawful  filing  or  selection  duly  of  record  in  the  proper  United  States 
land  office,  or  upon  which  any  vahd  settlement  has  been  made  pur- 
suant to  law,  if  the  statutory  period  within  which  to  make  entry  or 
filing  of  record  has  not  expired;  and  also  excepting  all  lands  which 
at  this  date  are  embraced  within  any  withdrawal  or  reservation  for 
any  use  or  purpose  with  which  this  reservation  for  forest  uses  is 
inconsistent:  Provided,  That  these  exceptions  shall  not  continue  to 
apply  to  any  particular  tract  of  land  unless  the  entryman,  settler,  or 
claimant  continues  to  comply  with  the  law  under  which  the  entry, 
filing,  or  settlement  was  made,  or  unless  the  reservation  or  with- 
drawal with  which  this  reservation  is  inconsistent  continues  in  force, 
not  excepting  from  the  force  and  effect  of  this  proclamation,  how- 
ever, any  part  of  the  aforesaid  national  forest  which  may  have  been 
withdrawn  to  protect  the  coal  therein,  but  this  proclamation  does  not 
vacate  any  such  coal  land  withdrawal:  And  provided,  That  these 
exceptions  shall  not  apply  to  any  land  embraced  in  any  selection, 
entry,  or  filing,  which  may  have  been  permitted  to  remain  of  record 
subject  to  the  creation  of  a  permanent  reservation.  (July  20,  1907, 
35  Stat.  2148.) 

Sec.  235.  Whereas,  the  public  lands  in  the  Territory  of  Alaska, 
which  are  hereinafter  indicated,  are  in  part  covered  with  timber,  and 
it  appears  that  the  public  good  would  be  promoted  by  utilizing  said 
lands  as  a  national  forest ; 

And  further  excepting  from  the  force  and  effect  of  this  proclama- 
tion all  lands  which  are  at  this  date  embraced  in  any  legal  entry  or 
covered  by  any  lawful  filing  or  selection  duly  of  record  in  the  proper 
United  States  land  office,  or  upon  which  any  valid  settlement  has 
been  made  pursuant  to  law,  it  the  statutory  period  within  which 
to  make  entry  or  filing  of  record  has  not  expired;  and  also  excepting 
all  lands  which  at  this  date  are  embraced  within  any  withdrawal 


912  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

or  reservation  for  any  use  or  purpose  with  which  this  reservation 
for  forest  uses  is  mconsistent:  Provided,  That  these  exceptions  shall 
not  continue  to  apply  to  any  particular  tract  of  land  unless  the 
entryman,  settler,  or  claimant  continues  to  comply  with  the  law 
under  which  the  entry,  filing,  or  settlement  was  made,  or  unless 
the  reservation  or  withdrawal  with  which  this  reservation  is  incon- 
sistent continues  in  force;  not  excepting  from  the  force  and  effect 
of  this  proclamation,  however,  any  part  of  the  national  forest 
hereby  established  which  may  have  been  withdrawn  to  protect  the 
coal  therein,  but  this  proclamation  does  not  vacate  any  such  coal 
land  withdrawal:  And  Provided,  That  these  exceptions  shall  not  ap- 
ply to  any  land  embraced  in  any  selection,  entry,  or  filing,  which 
may  have  been  permitted  to  remain  of  record  subject  to  the  creation 
of  a  permanent  reservation.   (July  23,  1907,  35  Stat.  2149.) 

*  *  *  *  * 

Sec.  236.  Whereas,  the  pubhc  lands  in  the  Territory  of  Alaska, 
which  are  hereinafter  indicated,  are  in  part  covered  with  timber,  and 
it  appears  that  the  public  good  would  be  promoted  by  utihzing  said 
lands  as  a  national  forest; 

*****  * 

Excepting  from  the  force  and  effect  of  this  proclamation  all 
lands  which  are  at  this  date  embraced  in  any  legal  entry  or  covered 
by  any  lawful  filing  or  selection  duly  of  record  in  the  proper  United 
States  land  office,  or  upon  which  any  valid  settlement  has  been 
made  pursuant  to  law,  if  the  statutory  period  within  which  to  make 
entry  or  filing  of  record  has  not  expired;  and  also  excepting  all 
lands  which  at  this  date  are  embraced  within  any  withdrawal  or 
reservation  for  any  use  or  purpose  with  which  this  reservation  for 
forest  uses  is  inconsistent:  Provided,  That  these  exceptions  shall  not 
continue  to  apply  to  any  particular  tract  of  land  unless  the  entry- 
man,  settler,  or  claimant  continues  to  comply  with  the  law  under 
which  the  entry,  filing,  or  settlement  was  made,  or  unless  the  reser- 
vation or  withdrawal  with  which  this  reservation  is  inconsistent 
continues  in  force;  not  excepting  from  the  force  and  effect  of  this 
proclamation,  however,  any  part  of  the  national  forest  hereby 
established  which  may  have  been  withdrawn  to  protect  the  coal 
therein,  but  this  proclamation  does  not  vacate  any  such  coal  land 
withdrawal:  And  provided,  That  these  exceptions  shall  not  apply  to 
any  land  embraced  in  any  selection,  entry,  or  filing,  which  may  have 
been  permitted  to  remain  of  record  subject  to  the  creation  of  a  per- 
manent reservation.   (Sept.  10,  1907,  35  Stat.  2152.) 

******* 

Sec.  237.  Whereas,  it  appears  that  the  public  good  would  be  pro- 
moted by  excluding  certain  lands  from  the  Chugach  National  Forest, 
in  the  Territory  of  Alaska,  established  by  proclamation  issued  July 
23,  1907. 

5}C  ^  ^  'l^ 

And  further  excepting  from  the  force  and  effect  of  this  procla- 
mation all  lands  which  are  at  this  date  embraced  in  any  legal  entry 
or  covered  by  any  lawful  filing  or  selection  duly  of  record  in  the 
proper  United  States  land  office,  or  upon  which  any  valid  settle- 


ALASKA  COMPILED  LAWS,  PP.  861-013. 


918 


ment  has  been  made  ])iiisuant  to  law,  if  the  staititory  period  within 
which  to  make  entry  or  liling  of  record  has  not  expired;  and  also 
excepting  all  lands  which  at  this  date  are  embraced  within  any 
withdrawal  or  reservation  for  any  use  or  purpose  with  which  this 
reservation  for  forest  uses  is  mconsistent:  Provided,  That  these 
exceptions  shall  not  continue  to  apply  to  any  particular  tract  of 
land  unless  the  entryman,  settler,  or  claimant  continues  to  comply 
with  the  law  under  which  the  entry,  filing,  or  settlement  was  made, 
or  unless  the  reservation  or  withdrawal  with  which  this  reservation 
is  inconsistent  continues  in  force;  not  excepting  from  the  force  and 
effect  of  this  proclamation,  however,  any  part  of  the  aforesaid  na- 
tional forest  which  may  have  been  withdrawn  to  protect  the  coal 
therein,  but  this  proclamation  does  not  vacate  any  such  coal  land 
withdrawal:  And  provided,  That  these  exceptions  shall  not  apply  to 
any  land  embraced  in  any  selection,  entry,  or  filing,  which  may  have 
been  permitted  to  remain  of  record  subject  to  the  creation  of  a  per- 
manent reservation.    (Sept.  18,  1907,  35  Stat.  2153.) 


BANKRUPTCY. 


30  STAT.  544,  p.  547,  JULY  1,  1898. 

BANKRUPTS. 
AN  ACT  To  establish  a  uniform  system  of  bankruptcy. 
Be  it  enacted,  etc.    *    *  * 

Sec.  4.  Who  may  become  bankrupts. —  (a)  *    *  *. 

(b)  Any  natural  person,  except  a  wage  earner  or  a  person  en- 
gaged chiefly  in  farming  or  the  tillage  of  the  soil,  any  unincorporated 
company,  and  any  corporation  engaged  principally  in  manufac- 
turing, trading,  printing,  publishing,  or  mercantile  pursuit,  owing 
debts  to  the  amount  of  one  thousand  dollars  or  over,  may  be  ad- 
judged an  involuntary  bankrupt  upon  default  or  an  impartial 
trial.    *    *  * 

A.  MINING  CORPORATIONS— BANKRUPTCY. 

A  corporation  organized  for  the  purpose  of  manufacturing  building  stone,  orna- 
mental stone,  paving  stone,  monuments,  and  other  forms  of  manufactured  stone  from 
granite  and  other  kinds  of  stone,  and  for  that  purpose  quarrying,  cutting,  dressing, 
carving,  and  otherwise  fashioning  granite  and  other  kinds  of  stone,  is  chiefly  engaged 
in  mining  and  manufacturing  within  the  meaning  of  this  amended  section  and  is 
subject  to  involuntary  bankruptcy  proceedings. 

Quincy  Granite  Quarries  Co.,  In  re,  147  Fed.  279. 

32  STAT.  797,  FEBRITARY  5,  1903. 

BANKRUPT  LAW— MINING  COMPANIES. 

AN  ACT  To  amend  an  act  entitled  "An  act  to  establish  a  uniform  system  of  bank- 
ruptcy throughout  the  United  States,"  approved  July  1,  1898. 

Be  it  enacted,  etc.    *    *  * 

Sec.  3.  That  subdivision  b  of  section  4  of  said  act  be,  and  the 
same  is  hereby,  amended  so  as  to  read  as  follows: 

''b.  Any  natural  person,  except  a  wage  earner,  or  a  person  engaged 
chiefly  in  farming  or  the  tillage  of  the  soil,  any  uniacorporated  com- 
pany, and  any  corporation  engaged  principally  in  manufacturing, 
trading,  printing,  publishing,  mining,  or  mercantile  pursuits,  owing 
debts  to  the  amount  of  one  thousand  dollars  or  over,  may  be 
adjudged  an  involuntary  bankrupt  upon  default  or  impartial  trial, 
and  shall  be  subject  to  the  provisions  and  entitled  to  the  benefits  of 
this  act."    *    *  * 

A.  BANKRUPT  ACT. 

1.  Application  to  mining  companies. 

2.  '^Mining" — Meaning  as  used  in  this  act. 

3.  Mining  and  quarrying — Distinction. 

4.  Mining — Workings  above  and  below  ground. 

5.  Acts  of  bankruptcy. 

914 


BANKRUPTCY,  PP.  914-915. 


915 


1.  APPLICATION  TO  MINING  COMPANIES. 

A  mining  company  organized  for  o])erating  a  mine  and  getting  precious  metals 
from  it  can  not  be  said  to  be  engaged  in  any  species  of  tradii^  and  is  not  a  corpora- 
tion wliich  engages  in  the  general  business  of  buying  and  selUng  goods  within  the 
meaning  of  section  4  of  the  bankruptcy  act. 

Elk  Park  Min.,  etc.,  Co.,  In  re,  101  Fed.  422. 

Rollins  Gold  &  Silver  Min.  Co.,  In  re,  102  Fed.  982. 

Chicago-Joplin  Lead  &  Zinc  Co.,  In  re,  104  Fed.  67. 

Woodside  Coal  Co.,  In  re,  105  Fed.  56. 

Keystone  Coal  Co.,  In  re,  109  Fed.  872. 

See  Quincy  Granite  Quarries  Co.,  In  re,  147  Fed.  279. 

The  fact  that  a  mining  corporation  buys  or  sells  ore  in  connection  with  its  business 
of  mining  is  not  sufficient  to  bring  it  within  section  4  of  the  bankruptcy  act. 
Chicago-Joplin  Lead  &  Zinc  Co.,  In  re,  104  Fed.  67. 

2.  "mining"  MEANING  AS  USED  IN  THIS  ACT. 

The  word  "mining"  in  this  statute  is  not  to  be  understood  in  the  strict  sense,  but 
is  intended  to  include  quarrying  or  surface  operations  and  such  operations  are  prop- 
erly included  in  mining. 

Matthews  Consol.  Slate  Co.,  In  re,  144  Fed.  724,  p.  735. 
Burdick  v.  Dillon,  144  Fed.  737. 

See  Midland  Railway  v.  Robinson,  15  App.  Cas.  (D.  C.)  19. 

3.  MINING  AND  QUARRYING  DISTINCTION. 

For  the  purpose  of  this  act  distinctions  between  the  classes  of  mines  and  methods 
of  working  are  immaterial  and  an  attempt  to  distinguish  between  mining  and  quar- 
rying would  lead  to  no  useful  result  as  to  the  construction  of  the  statute. 

Burdick  v.  Dillon,  144  Fed.  737,  p.  741. 

A  corporation  engaged  in  quarrying  and  preparing  slate  for  commercial  use  is  en- 
gaged both  in  mining  and  manufacturing  and  comes  witliin  this  section  of  the  bank- 
ruptcy act. 

Matthews  Consol.  Slate  Co.,  In  re,  144  Fed.  724,  p.  736. 

4.  MINING  WORKINGS  ABOVE  AND  BELOW  GROUND. 

The  word  "mining"  includes  placer  mines  in  which  the  workings  are  open,  and 
hence  the  question  whether  an  enterprise  is  mining  or  not  can  not  be  determined  by  an 
inquiry  as  to  whether  the  workings  are  open  or  underground. 

Burdick  v.  Dillon,  144  Fed.  737,  p.  741. 

5.  ACTS  OF  BANKRUPTCY. 

A  resolution  adopted  by  the  board  of  directors  of  a  mining  corporation  admitting  its 
inability  to  pay  its  debts  and  its  willingness  to  be  adjudged  a  bankrupt  is  not  an  act  of 
bankruptcy  within  the  meaning  of  the  bankrupt  law  unless  such  authority  is  expressly 
conferred  by  the  stockholders  upon  the  board  of  directors  for  such  purpose. 

Quartz  Gold  Min.  Co.,  In  re,  157  Fed.  243,  p.  245. 
Cresson  &  Clearfield  Coal  Co.  v.  Stauffer,  148  Fed  981. 


BUREAU  OF  MINES. 


36  STAT.  S69,  MAY  16,  1910. 

ORGANIC  ACT. 

AN  ACT  To  establish  in  the  Department  of  the  Interior  a  Bureau  of  Mines. 

Be  it  enacted,  etc.,  That  there  is  hereby  established  in  the  Depart- 
ment of  the  Interior  a  bureau,  to  be  called  the  Bureau  of  Mines,  and 
a  director  of  said  bureau,  who  shall  be  thoroughly  equipped  for  the 
duties  of  said  office  by  technical  education  and  experience  and  who 
shall  be  appointed  by  the  President,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  and  who  shall  receive  a  salary  of  $6,000  per  annum ; 
and  there  shall  also  be  in  the  said  bureau  such  experts  and  other 
employees  as  may  from  time  to  time  be  authorized  by  Congress. 

Sec.  2.  That  it  shall  be  the  province  and  duty  of  said  bureau  and 
its  director,  under  the  direction  of  the  Secretary  of  the  Interior,  to 
make  diligent  investigation  of  the  methods  of  mining,  especially  in 
relation  to  the  safety  of  miners,  and  the  appliances  best  adapted  to 
prevent  accidents,  the  possible  improvement  of  conditions  under  which 
mining  operations  are  carried  on,  the  treatment  of  ores  and  other  min- 
eral substances,  the  use  of  explosives  and  electricity,  the  prevention  of 
accidents,  and  other  inquiries  and  technologic  investigations  pertinent 
to  said  industries,  and  from  time  to  time  make  such  public  reports  of 
the  work,  investigations,  and  infomation  obtained  as  the  Secretary  of 
said  department  may  direct,  with  the  recommendations  of  such  bureau. 

Sec.  3.  That  the  Secretary  of  the  Interior  shall  provide  the  said 
bureau  with  furnished  offices  in  the  city  of  Washington,  with  such 
books,  records,  stationery,  and  appliances,  and  such  assistants,  clerks, 
stenographers,  typewriters,  and  other  employees  as  may  be  necessary 
for  the  proper  discharge  of  the  duties  imposed  by  this  act  upon  such 
bureau,  fixing  the  compensation  of  such  clerks  and  employees  within 
appropriations  made  for  that  purpose. 

Sec.  4.  That  the  Secretary  of  the  Interior  is  hereby  authorized  to 
transfer  to  the  Bureau  of  Mines  from  the  United  States  Geological 
Survey  the  supervision  of  the  investigations  of  structural  materials  and 
the  analyzing  and  testing  of  coals,  lignites,  and  other  mineral  fuel  sub- 
stances and  the  investigation  as  to  the  causes  of  mine  explosions;  and 
the  appropriations  made  for  such  investigations  may  be  expended 
under  the  supervision  of  the  Director  of  the  Bureau  of  Mines  in  man- 
ner as  if  the  same  were  so  directed  in  the  appropriations  acts;  and 
such  investigations  shall  hereafter  be  within  the  province  of  the  Bu- 
reau of  Mines,  and  shall  cease  and  determine  under  the  organization  of 
the  United  States  Geological  Survey;  and  such  experts,  employees, 
property,  and  equipment  as  are  now  employed  or  used  by  the  Geo- 
logical Survey  in  connection  with  the  subjects  herewith  transferred  to 
the  Bureau  of  Mines  are  directed  to  be  transferred  to  said  bureau. 


916 


BUREAU  OF  MINES,  PP.  016-080. 


917 


Sec.  5.  That  nothing  in  this  act  shall  be  construed  as  in  any  way 
granting  to  any  oflicer  or  employee  of  the  Bureau  of  Mines  any  right 
or  authority  in  connection  with  the  inspection  or  supervision  of  mines 
or  metallurgical  plants  in  any  State. 

Sec.  6.  This  act  shall  take  effect  and  be  in  force  on  and  after  the 
1st  day  of  July,  1910. 

A.  BUREAU  OF  MINE S— ORG ANIC  ACT. 

1.  PURCHASE  OF  LAND  FOR  MINE  RESCUE  CARS. 

Under  the  act  of  June  25,  1910  (36  Stat.  742),  making  provisions  for  the  maintenance 
of  the  Bureau  of  Mines,  the  purchase  of  lands  for  the  use  of  the  bureau  or  for  mine 
rescue  stations  was  authorized. 

Mine  Rescue  Work,  In  re,  28  Op.  Atty.  Gen.  413,  p.  415. 

37  STAT.  681,  FEBRUARY  25,  1913. 

AMENDED  ORGANIC  ACT. 

AN  ACT  To  amend  an  act  entitled  '  'An  act  to  establish  in  the  Department  of  the 
Interior  a  Bureau  of  Mines, "  approved  May  16,  1910. 

Be  it  enacted,  etc.,  That  the  act  to  establish  in  the  Department  of 
the  Interior  a  Bureau  of  Mines,  approved  May  16,  1910  (36  Stat.  369), 
be,  and  the  same  is  hereby,  amended  to  read  as  follows: 

* '  That  there  is  hereby  established  in  the  Department  of  the  Interior 
a  bureau  of  mining,  metallurgy,  and  mineral  technology,  to  be  desig- 
nated the  Bureau  of  Mines,  and  there  shall  be  a  director  of  said  bureau, 
who  shall  be  thoroughly  equipped  for  the  duties  of  said  office  by  tech- 
nical education  and  experience  and  who  shall  be  appointed  by  the 
President,  by  and  with  the  advice  and  consent  of  the  Senate,  and 
who  shall  receive  a  salary  of  $6,000  per  annum;  and  there  shall  also 
be  in  the  said  bureau  such  experts  and  other  employees,  to  be  ap- 
pointed by  the  Secretary  of  the  Interior,  as  may  be  required  to  carry 
out  the  purposes  of  this  act  in  accordance  with  the  appropriations 
made  from  time  to  time  by  Congress  for  such  purposes. 

''Sec.  2.  That  it  shall  be  the  province  and  duty  of  the  Bureau  of 
Mines,  subject  to  the  approval  of  the  Secretary  of  the  Interior,  to 
conduct  inquiries  and  scientific  and  technologic  investigations  con- 
cerning mining,  and  the  preparation,  treatment,  and  utilization  of 
mineral  substances  with  a  view  to  improving  health  conditions,  and 
increasing  safety,  efficiency,  economic  development,  and  conserving 
resources  through  the  prevention  of  waste  in  the  mining,  quarrying, 
metallurgical,  and  other  mineral  industries;  to  inquire  into  the  eco- 
nomic conditions  affecting  these  industries;  to  investigate  explosives 
and  peat;  and  on  behalf  of  the  Government  to  investigate  the  mineral 
fuels  and  unfinished  mineral  products  belonging  to,  or  for  the  use  of, 
the  United  States,  with  a  view  to  their  most  efficient  mining,  prepa- 
ration, treatment,  and  use;  and  to  disseminate  information  concern- 
ing these  subjects  in  such  manner  as  will  best  carry  out  the  purposes 
of  this  act. 

''Sec.  3.  That  the  director  of  said  bureau  shall  prepare  and  pub- 
lish, subject  to  the  direction  of  the  Secretary  of  the  Interior,  under 
the  appropriations  made  from  time  to  time  by  Congress,  reports  of 
inquiries  and  investigations,  with  appropriate  recommendations  of 


918  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

the  bureau,  concerning  the  nature,  causes,  and  prevention  of  acci- 
dents, and  the  improvement  of  conditions,  methods,  and  equipment, 
with  special  reference  to  health,  safety,  and  prevention  of  waste  in 
the  mining,  quarrying,  metallurgical,  and  other  mineral  industries; 
the  use  of  explosives  and  electricity,  safety  methods  and  appliances, 
and  rescue  and  first-aid  work  in  said  industries;  the  causes  and  pre- 
vention of  mine  fires;  and  other  subjects  included  under  the  provi- 
sions of  this  act. 

^^Sec.  4.  In  conducting  inquiries  and  investigations  authorized  by 
this  act  neither  the  director  nor  any  member  of  the  Bureau  of  Mines 
shaU  have  any  personal  or  private  interest  in  any  mine  or  the  products 
of  any  mine  under  investigation,  or  shall  accept  employment  from 
any  private  party  for  services  in  the  examination  of  any  mine  or 
private  mineral  property,  or  issue  any  report  as  to  the  valuation  or 
the  management  of  any  mine  or  other  private  mineral  property: 
Provided,  That  nothing  herein  shall  be  construed  as  preventing  the 
temporary  employment  by  the  Bureau  of  Mines,  at  a  compensation 
not  to  exceed  $10  per  day,  in  a  consulting  capacity  or  in  the  investi- 
gation of  special  subjects,  of  any  engineer  or  other  expert  whose 
principal  professional  practice  is  outside  of  such  employment  by 
said  bureau. 

^^Sec.  5.  That  for  tests  or  investigations  authorized  by  the  Secre- 
tary of  the  Interior  under  the  provisions  of  this  act,  other  than  those 
performed  for  the  Government  of  the  United  States  or  State  govern- 
ments within  the  United  States,  a  reasonable  fee  covering  the  neces- 
sary expenses  shaU  be  charged,  according  to  a  schedule  prepared  by 
the  Director  of  the  Bureau  of  Mines  and  approved  by  the  Secretary  of 
the  Interior,  who  shall  prescribe  rules  and  regulations  imder  which 
such  tests  and  investigations  may  be  made.  AU  moneys  received 
from  such  sources  shall  be  paid  into  the  Treasury  to  the  credit  of  mis- 
cellaneous receipts. 

*^Sec.  6.  That  this  act  shall  take  efi^ect  and  be  in  force  on  and  after 
its  passage." 

35  STAT.  556,  MAY  30,  1908. 

COMPENSATION  FOR  INJURED  EMPLOYEES. 

AN  ACT  Granting  to  certain  employees  of  the  United  States  the  right  to  receive  from 
it  compensation  for  injuries  sustained  in  the  course  of  their  employment. 

Be  it  enacted,  etc.,  That  when,  on  or  after  August  1,  1908,  any 
person  employed  by  the  United  States  as  an  artisan  or  laborer  in  any 
of  its  manufacturing  estabhshments,  arsenals,  or  navy  yards,  or  in  the 
construction  of  river  and  harbor  or  fortification  work  or  in  hazardous 
employment  on  construction  work  in  the  reclamation  of  arid  lands  or 
the  management  and  control  of  the  same,  or  in  hazardous  employ- 
ment under  the  Isthmian  Canal  Commission,  is  injured  in  the  course 
of  such  employment,  such  employee  shaU  be  entitled  to  receive  for  one 
year  thereafter,  unless  such  employee,  in  the  opinion  of  the  Secretary 
of  Commerce  and  Labor,  be  sooner  able  to  resume  work,  the  same  pay 
as  if  he  continued  to  be  employed,  such  payment  to  be  made  under 
such  regulations  as  the  Secretary  of  Commerce  and  Labor  may  pre- 
scribe :  Provided,  That  no  compensation  shall  be  paid  under  this  act 
where  the  injury  is  due  to  the  negligence  or  misconduct  of  the  employee 
injured,  nor  unless  said  injury  shall  continue  for  more  than  15  days. 


BUREAU  OF  MINES^  PP.  916-930. 


919 


All  questions  of  negligence  or  misconduct  shall  bo  determined  by  the 
Secretary  of  Commerce  and  Jjabor. 

Sec.  2.  That  if  any  artisan  or  laborer  so  employed  shall  die  during 
the  said  year  by  reason  of  such  injury  received  in  the  course  of  such 
emplo3rment,  leaving  a  widow,  or  a  child  or  children  under  16  years  of 
age,  or  a  dependent  parent,  such  widow  and  child  or  children  and 
dependent  parent  shall  be  entitled  to  receive,  in  such  portions  and 
under  such  regulations  as  the  Secretary  of  Conunerce  and  Labor  may 
prescribe,  the  same  amount,  for  the  remainder  of  the  said  year,  that 
said  artisan  or  laborer  would  be  entitled  to  receive  as  pay  if  such 
employee  were  alive  and  continued  to  be  employed :  Provided,  That 
if  the  widow  shall  die  at  any  time  during  the  said  year  her  portion  of 
said  amount  shaU  be  added  to  the  amount  to  be  paid  to  the  remaining 
beneficiaries  under  the  provisions  of  this  section,  if  there  be  any. 

Sec.  3.  That  whenever  an  accident  occurs  to  any  employee  embraced 
within  the  terms  of  the  first  section  of  this  act,  and  which  results  in 
death  or  a  probable  incapacity  for  work,  it  shall  be  the  duty  of  the 
official  superior  of  such  employee  to  at  once  report  such  accident  and 
the  injury  resulting  therefrom  to  the  head  of  his  bureau  or  independent 
office,  and  his  report  shall  be  immediately  communicated  through 
regular  official  channels  to  the  Secretary  of  Commerce  and  Labor. 
Such  report  shall  state,  first,  the  time,  cause,  and  nature  of  the  acci- 
dent and  injury  and  the  probable  duration  of  the  injury  resulting 
therefrom;  second,  whether  the  accident  arose  out  of  or  in  the  course 
of  the  injured  person's  employment;  third,  whether  the  accident  was 
due  to  negligence  or  misconduct  on  the  part  of  the  employee  injured; 
fourth,  any  other  matters  required  by  such  rules  and  regulations  as  the 
Secretary  of  Commerce  and  Labor  may  prescribe.  The  head  of  each 
department  or  independent  office  shall  have  power,  however,  to  charge 
a  special  official  with  the  duty  of  making  such  reports. 

Sec.  4.  That  in  the  case  of  any  accident  which  shall  result  in  death, 
the  persons  entitled  to  compensation  under  this  act  or  their  legal  rep- 
resentatives shall,  within  90  days  after  such  death,  file  with  the  Sec- 
retary of  Commerce  and  Labor  an  affidavit  setting  forth  their  relation- 
ship to  the  deceased  and  the  ground  of  their  claim  for  compensation 
under  the  provisions  of  this  act.  This  shall  be  accompanied  by  the 
certificate  of  the  attending  physician  setting  forth  the  fact  and  cause 
of  death,  or  the  nonproduction  of  the  certificate  shall  be  satisfactorily 
accounted  for.  In  the  case  of  incapacity  for  work  lasting  more  than 
15  days,  the  injured  party  desiring  to  take  the  benefit  of  this  act  shaU, 
within  a  reasonable  period  after  the  expiration  of  such  time,  file  with 
his  official  superior,  to  be  forwarded  through  regular  official  channels 
to  the  Secretary  of  Commerce  and  Labor,  an  affidavit  setting  forth  the 
grounds  of  his  claim  for  compensation,  to  be  accompanied  by  a  certifi- 
cate of  the  attending  physician  as  to  the  cause  and  nature  of  the  injury 
and  probable  duration  of  the  incapacity,  or  the  nonproduction  of  the 
certificate  shaU  be  satisfactorily  accounted  for.  If  the  Secretary  of 
Commerce  and  Labor  shall  find  from  the  report  and  affidavit  or  other 
evidence  produced  by  the  claimant  or  his  or  her  legal  representatives, 
or  from  such  additional  investigation  as  the  Secretary  of  Commerce 
and  Labor  may  direct,  that  a  claim  for  compensation  is  estabfished 
under  this  act,  the  compensation  to  be  paid  shall  be  determined  as 
provided  under  this  act  and  approved  for  payment  by  the  Secretary  of 
Commerce  and  Labor. 


920 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Sec.  5.  That  the  employee  shall,  whenever  and  as  often  as  required 
by  the  Secretary  of  Commerce  and  Labor,  at  least  once  in  six  months, 
submit  to  medical  examination,  to  be  provided  and  paid  for  under  the 
direction  of  the  Secretary,  and  if  such  employee  refuses  to  submit  to 
or  obstructs  such  examination  his  or  her  right  to  compensation  shall 
be  lost  for  the  period  covered  by  the  continuance  of  such  refusal  or 
obstruction. 

Sec.  6.  That  payments  under  this  act  are  only  to  be  made  to  the 
beneficiaries  or  their  legal  representatives  other  than  assignees,  and 
shall  not  be  subject  to  the  claims  of  creditors. 

Sec.  7.  That  the  United  States  shall  not  exempt  itself  from  liability 
under  this  act  by  any  contract,  agreement,  rule,  or  regulation,  and 
any  such  contract,  agreement,  rule,  or  regulation  shall  be  pro  tanto 
void. 

Sec.  8.  That  all  acts  or  parts  of  acts  in  conflict  herewith  or  pro- 
viding a  different  scale  of  compensation  or  otherwise  regulating  its 
payment  are  hereby  repealed. 

Note.— The  duties  prescribed  herein  to  be  performed  by  the  Secretary  of  Commerce  and  Labor  are 
now  performed  by  the  Secretary  of  Labor  under  the  act  of  March  4,  1913  (37  Stat.  736). 

37  STAT.  74,  MARCH  11,  1912. 

INJURED  EMPLOYEES  OF  BUREAU  OF  MINES. 

AN  ACT  To  amend  an  act  entitled  "An  act  granting  to  certain  employees  of  the 
United  States  the  right  to  receive  from  it  compensation  for  injuries  sustained  in  the 
course  of  their  employment,"  approved  May  30,  1908. 

Be  it  enacted,  etc.,  That  the  provisions  of  the  act  approved  May 
30,  1908,  entitled  ^'An  act  granting  to  certain  employees  of  the 
United  States  the  right  to  receive  from  it  compensation  for  injuries 
sustained  in  the  course  of  their  employment"  (35  Stat.  556)  shall, 
in  addition  to  the  classes  of  persons  therein  designated,  be  held  to 
apply  to  any  artisan,  laborer^  or  other  employee  engaged  in  any 
hazardous  work  under  the  Bureau  of  Mmes  or  the  Forestry  Service 
of  the  United  States:  Provided,  That  this  act  shall  not  be  held  to 
embrace  any  case  arising  prior  to  its  passage. 

36  STAT.  676,  p.  699,  JUNE  25,  1910. 

PUBLIC  BUILDINGS. 

AN  ACT  To  increase  the  limit  of  cost  of  certain  public  buildings,  to  authorize  the 
enlargement,  extension,  remodeling,  or  improvement  of  certain  public  buildings, 
to  authorize  the  erection  and  completion  of  public  buildings,  to  authorize  the 
purchase  of  sites  for  public  buildings. 

Be  it  enacted,  etc..  That  to  enable  the  Secretary  of  the  Treasury 
of  the  United  States  to  give  effect  to  and  execute  the  provisions  of 
existing  legislation  authorizing  the  acquisition  of  land  for  sites  or 
the  enlargement  thereof,  and  the  erection,  enlargement,  extension, 
remodeling,  or  repair  of  public  buildings  in  the  several  cities  here- 
inafter enumerated.    *    *  * 

Sec.  32.  That  the  Secretary  of  the  Treasury  be,  and  he  is  hereby, 
authorized  and  directed  to  prepare  designs  and  estimates  for  a  fire- 
proof building  of  modern  office-building  type  of  architecture  to  be 
erected  on  square  numbered  143,  in  the  city  of  Washington,  D.  C, 
now  owned  by  the  United  States,  which  building,  including  fireproof 


BUREAU  iW  MINES;  PP.  910-930. 


921 


vaults,  hoatiug  and  ventilating  apparatus,  elevators,  and  approaches, 
complete,  to  cost  not  exceeding  $'J,r)()(),()()(),  to  he  (Unsigned  and  con- 
structed of  suflicient  area  and  capacity  to  occupy  all  of  said  square 
as  a  huiUhng  site,  aiul  to  ad'ord,  when  completed,  oflice  accommo- 
dations for  the  entire  organizatioji  at  Wasliington  of  the  oflice  of  the 
Geological  Survey,  oflice  of  Inchan  Affairs,  oflice  of  the  Reclamation 
Service,  the  General  Land  Oflice,  and  the  Bureau  of  Mines;  and  such 
designs  and  estimates  shall  be  approved  by  a  board  consisting  of  the 
Secretary  of  the  Interior,  the  Secretary  of  the  Treasury,  and  the 
Superintendent  of  the  Capitol  Buildings  and  Grounds:  Provided, 
That  no  part  of  the  amount  heretofore  mentioned  as  the  limit  of  cost 
is  authorized  to  be  appropriated  by  this  act  except  for  the  prepara- 
tion of  designs  and  estimates.  And  so  much  as  may  be  necessary 
of  the  unexpended  balance  of  the  amount  heretofore  authorized  for 
the  acquisition  of  said  site  shall  be  available  for  the  preparation  of 
designs  and  estimates:  Provided  further.  That  the  foregoing  author- 
ization shall  be  in  addition  to  and  independent  of  the  authorizations 
and  appropriations  for  personal  services  for  the  office  of  the  Super- 
vising Architect  otherwise  made. 

36  STAT.  703,  p.  742,  JUNE  25,  1910. 

APPROPRIATIONS. 
Be  it  enacted,  etc.,    *    *  * 

For  the  general  expenses  of  the  Bureau  of  Mines,  including  the 
pay  of  the  director  and  the  necessary  assistants,  clerks,  and  other 
employees  in  the  office  at  Washington,  D.  C,  and  in  the  field,  and  for 
every  other  expense  requisite  for  and  incident  to  the  general  work 
of  the  Bureau  of  Mines  in  Washington,  D.  C,  and  in  the  field,  to 
be  expended  under  the  direction  of  the  Secretary  of  the  Interior, 
$54,000. 

For  dismantling  and  removing  chemical  laboratories,  equipment, 
and  office  furniture  from  the  office  of  the  Geological  Survey,  to  the 
office  of  the  Bureau  of  Mines  in  Washington,  D.  C.,  and  reinstalling 
and  equipping  the  laboratories  in  the  office  of  the  Bureau  of  Mines 
with  fixtures,  including  laboratory  plumbing,  sinks,  hoods,  coal  sam- 
pling and  crushing  machinery,  $14,700. 

For  rent  of  offices  in  the  city  of  Washington,  and  for  furnishing 
the  same,  together  with  such  books,  records,  stationery  and  appli- 
ances as  the  Secretary  of  the  Interior  may  provide,  $10,000. 

For  the  investigation  as  to  the  causes  of  mine  explosions,  methods 
of  mining,  especially  in  relation  to  the  safety  of  miners,  the  appli- 
ances best  adapted  to  prevent  accidents,  the  possible  improvement 
of  conditions  under  which  mining  operations  are  carried  on,  the  use 
of  explosives  and  electricty,  the  prevention  of  accidents  and  other 
inquiries  and  technologic  investigations  pertinent  to  the  mining 
industry,  $310,000. 

For  the  analyzing  and  testing  of  the  coals,  lignites,  ores,  and  other 
mineral  fuel  substances  belonghig  to  or  for  the  use  of  the  United 
States,  heretofore  under  the  supervision  of  the  United  States  Geo- 
logical Survey,  $100,000. 

For  making  public  reports  of  the  work,  investigations  and  infor- 
mation obtained  by  said  Bureau  of  Mines,  with  the  recommenda- 
tions of  such  bureau,  $5,000:  Provided,  That  no  part  of  this  sum 

56974°— Bull.  94,  pt  2—15  7 


922 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


shall  be  expended  for  printing  except  at  the  Government  Printing 
Office.    (26  Stat.  110.) 

For  salaries  of  two  mine  inspectors,  authorized  by  the  act  ap- 
proved March  3,  1891,  (26  Stat.  1094),  for  the  protection  of  the 
lives  of  mmers  in  the  Territories,  at  $2,000  per  annum  each,  $4,000; 
and  said  inspectors  are  hereby  authorized  to  inspect  coal  and  other 
mines  in  the  District  of  Alaska,  in  which  District  the  provisions  of 
said  act  are  hereby  extended  and  made  applicable; 

For  per  diem,  subject  to  such  rules  and  regulations  as  the  Secre- 
tary of  the  Interior  may  prescribe,  in  lieu  of  subsistence  at  a  rate 
not  exceeding  $3  per  day  each  while  absent  from  their  homes  on 
duty,  except  in  Alaska,  when  such  allowance  shall  be  at  the  rate  of 
$5  per  day,  and  for  actual  necessary  traveling  expenses  of  said  in- 
spectors, including  necessary  sleeping-car  fares,  $4,500; 

In  all  for  the  Bureau  of  Mines,  $502,200. 

A.  BUREAU  OF  MINES— LEASES  FOR  MINE  RESCUE  WORK. 

Under  this  appropriation  the  Bureau  of  Mines  by  direction  of  the  Secretary  of  the 
Interior,  is  authorized  to  accept  short  term  leases  of  land  for  the  purpose  of  erecting 
tempoiary  structures  thereon  for  mine  rescue  work. 

Mine  Rescue  Work,  In  re,  28  Op.  Atty.  Genl.  413,  p.  417. 


36  STAT.  1363,  p.  1418,  MARCH  3,  1911. 


APPROPRIATIONS. 


AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for 
the  fiscal  year  ending  June  30,  1912. 

Be  it  enacted,  etc..  That  the  following  sums  be,  and  the  same  are 
hereby,  appropriated,  for  the  objects  hereinafter  expressed,  for  the 
fiscal  year  ending  June  30,  1912,  namely: 

For  the  general  expenses  of  the  Bureau  of  Mines,  including  the  pay 
of  the  director  and  the  necessary  assistants,  clerks,  and  other  employ- 
ees in  the  office  at  Washington,  D.  C,  and  in  the  field,  and  for  every 
other  expense  requisite  for  and  incident  to  the  general  work  of  the 
Bureau  of  Mines  in  Washington,  D.  C,  and  in  the  field,  to  be  expended 
under  the  direction  of  the  Secretary  of  the  Interior,  $54,000. 

For  the  investigation  as  to  the  causes  of  mine  explosions,  methods 
of  mining,  especially  in  relation  to  the  safety  of  miners,  the  appliances 
best  adapted  to  prevent  accidents,  the  possible  improvement  of  con- 
ditions under  which  mining  operations  are  carried  on,  the  use  of 
explosives  and  electricity,  the  prevention  of  accidents  and  other 
inquires  and  technologic  investigations  pertinent  to  the  mining 
industry,  S310,000. 

For  the  analyzing  and  testing  of  the  coals,  lignites,  ores  and  other 
mineral  fuel  substances  belonging  to  or  for  the  use  of  the  United 
States,  $135,000. 

For  tests  or  investigations  authorized  by  the  Secretary  of  the 
Interior,  other  than  those  performed  for  the  Government  of  the  United 
States,  a  reasonable  fee  covering  actual  necessary  expenses  shall  be 
charged,  according  to  a  schedule  submitted  by  the  director  .and 
approved  by  the  Secretary  of  the  Interior,  who  shall  prescribe  the 
rules  and  regulations  under  which  such  tests  or  investigations  shall 
be  made  and  under  which  such  fees  shall  be  charged  and  collected. 


BUREAU  OF  MTNRS,  PP.  OlO-OW. 


923 


All  moneys  rocoiv(Mi  from  such  foos  shall  ho  paid  into  the  Treasury  to 
the  credit  of  miscellaneous  receipts; 

For  salaries  of  two  mme  inspectors,  authorized  by  the  act  approved 
March  3,  1891,  for  the  protection  of  the  lives  of  miners  in  the  Terri- 
tories, $5,000;  and  saicf  mspectors  are  hereby  authorized  to  inspect 
coal  and  other  mines  in  the  District  of  Alaska,  to  which  District  the 
provisions  of  said  act,  except  so  much  as  recjuires  six  months'  resi- 
dence in  a  Territory  prior  to  appointment,  are  hereby  extended  and 
made  applicable; 

For  per  diem,  subject  of  such  rules  and  regulations  as  the  Secretary 
of  the  Interior  may  prescribe,  in  lieu  of  subsistence  at  a  rate  not 
exceeding  $3  per  day  each  while  absent  from  their  homes  on  duty, 
except  while  in  Alaska,  when  such  allowance  shall  be  at  the  rate  of 
$5  per  day,  and  for  actual  necessary  traveling  expenses  of  said 
inspectors,  including  necessary  sleeping-car  fares,  $4,500; 

For  technical  and  scientific  books  and  publications,  $2,000; 
.  In  all  for  the  Bureau  of  Mines,  $475,500. 

37  STAT.  417,  p.  458,  AUGUST  24,  1912. 

APPROPRIATIONS. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for 
the  fiscal  year  ending  June  30,  1913. 

Be  it  enacted,  etc..  That  the  following  sums  be  and  the  same  are 
hereby,  appropriated,  for  the  objects  hereinafter  expressed,  for  the 
fiscal  year  ending  June  30,  1913,  namely: 

For  the  general  expenses  of  the  Bureau  of  Mines,  including  the  pay 
of  the  director  and  the  necessary  assistants,  clerks,  and  other  em- 
ployees in  the  office  at  Washington,  D.  C,  and  in  the  field,  and  for 
every  other  expense  recpisite  for  and  incident  to  the  general  work 
of  the  Bureau  of  Mines  in  Washington,  D.  C,  and  in  the  field,  to  be 
expended  under  the  direction  of  the  Secretary  of  the  Interior,  $66,100; 

For  the  investigation  as  to  the  causes  of  mine  explosions,  methods 
of  mining,  especially  in  relation  to  the  safety  of  miners,  the  appli- 
ances best  adapted  to  prevent  accidents,  the  possible  improvement 
of  conditions  under  which  mining  operations  are  carried  on,  the  use 
of  explosives  and  electricity,  the  prevention  of  accidents  and  other 
inquiries  and  technologic  investigations  pertinent  to  the  mining 
industry,  $320,000; 

For  the  analyzing  and  testing  of  the  coals,  lignites,  ores,  and  other 
mineral  fuel  substances  belonging  to  or  for  the  use  of  the  United 
States,  including  personal  services  in  the  Bureau  of  Mines  at  Wash- 
ington, D.  C,  not  in  excess  of  the  number  and  total  compensation  of 
those  so  employed  during  the  fiscal  year  1912,  $135,000; 

For  inquiries  and  investigations  into  the  mining  and  treatment  of 
ores  and  other  mineral  substances,  w^ith  special  reference  to  safety 
and  waste,  $50,000:  Provided,  That  no  part  thereof  may  be  used 
for  investigation  in  behalf  of  any  private  party,  nor  shall  any  part 
thereof  be  used  for  work  authorized  or  required  by  law  to  be  done 
by  any  other  branch  of  the  public  service. 

For  one  mine  inspector  for  duty  in  Alaska^  $3,000; 


924  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

For  per  diem,  subject  to  such  rules  and  regulations  as  the  Secre- 
tary of  the  Interior  may  prescribe,  in  lieu  of  subsistence  at  a  rate 
not  exceeding  $5  per  day  when  absent  on  official  business  from  his 
designated  headquarters,  and  for  actual  necessary  traveling  expenses 
of  said  inspector,  including  necessary  sleeping-car  fares,  $3,500; 

For  technical  and  scientific  books  and  publications  and  books  of 
reference,  $1,500; 

For  the  purchase  or  lease  of  the  necessary  land,  where  and  under 
such  conditions  as  the  Secretary  of  the  Interior  may  direct,  for  the 
headquarters  of  five  mine-rescue  cars  and  for  the  construction  of  the 
necessary  railway  sidings  on  the  same,  $4,000:  Provided,  That  the 
Secretary  of  the  Interior  is  hereby  authorized  to  accept  any  suitable 
land  or  lands  that  may  be  donated  for  said  purpose. 

In  all,  for  the  Bureau  of  Mines,  $583,100. 

37  STAT.  595,  p.  609,  AUGUST  26,  1912. 

APPROPRIATIONS. 

AN  ACT  Making  appropriations  to  supply  deficiences  in  appropriations  for  the  fiscal 
year  1912  and  for  prior  years. 

Be  it  enacted,  etc..  That  the  following  sums  are  appropriated,  out 
of  any  money  in  the  Treasury  not  otherwise  appropriated,  to  supply 
deficiencies  in  appropriations  for  the  fiscal  year  1912  and  for  prior 
years,  and  for  other  purposes,  namely: 

******* 

The  accounting  officers  of  the  Treasury  Department  are  authorized 
and  directed  to  credit  in  the  accounts  of  George  W.  Evans,  chief 
disbursing  clerk.  Department  of  the  Interior,  the  payments  made  by 
him  during  the  quarters  ended  December  31,  1911,  and  March  31, 
1912,  amounting  to  $254.38  and  fully  set  forth  in  House  Document 
No.  748  of  this  session. 

For  investigating  mine  accidents,  $82.10. 

******* 

37  STAT.  866,  p.  886,  MARCH  4,  1913. 

PITTSBURGH  STATION. 

AN  ACT  To  increase  the  limit  of  cost  of  certain  public  buildings,  to  authorize  the 
enlargement,  extension,  remodeling,  or  improvements  of  certain  public  buildings, 
to  authorize  the  erection  and  completion  of  public  buildings,  to  authorize  the 
purchase  of  sites  for  public  buildings. 

Be  it  enacted,  etc..  That  to  enable  the  Secretary  of  the  Treasury 
of  the  United  States  to  give  effect  to  and  execute  the  provisions  of 
existing  legislation  authorizing  the  acquisition  of  land  for  sites  or 
the  enlargement  thereof,  and  the  erection,  enlargement,  extension, 
remodeling,  or  repair  of  public  buildings  in  the  several  cities  herein- 
after enumerated,  the  limit  of  cost  heretofore  fixed  by  Congress 
therefor  be,  and  the  same  is  hereby,  increased,  respectively,  as  follows; 
and  the  Secretary  of  the  Treasury  is  hereby  authorized  to  enter  into 
contracts  for  the  completion  of  each  of  said  buildings  within  its 
respective  limit  of  cost,  including  site: 

Sec.  26.  That  the  Secretary  of  the  Treasury  be,  and  he  is  hereby, 
authorized  and  directed  to  enter  into  a  contract  or  contracts  for  the 


BUREAU  OF  MINES,  PP.  916-930. 


925 


erection  and  completion  of  fireproof  laboratories  and  other  buildings 
suitable  and  necessary  for  the  niv(*stigations  of  th(^  Bureau  of  Mines, 
on  a  site  hereinafter  provided,  in  the  city  of  Pittsburgh,  Pa.,  within 
the  total  limit  of  cost  hereinafter  fixed. 

That  the  said  laboratories  and  other  buildings  shall  be  constructed 
under  the  direction  of  and  in  accordance  with  plans  and  estimates  to  be 
approved  by  a  board  consisting  of  the  Director  of  the  Bureau  of 
Mines,  the  Chief  of  Engineers  of  the  Army,  and  the  Supervising 
Architect  of  the  Treasury,  and  shall  be  so  constructed  as  to  cost, 
complete,  with  the  necessary  railroad  sidings,  approaches,  plumbing, 
lighting,  heating,  ventilating  and  hoisting  apparatus,  and  other 
necessary  appurtenances,  not  to  exceed  the  sum  of  $500,000,  of  which 
amount  the  sum  of  $250,000  is  hereby  authorized  and  shall  be 
immediately  available  for  the  preparation  of  plans  for  said  labora- 
tories and  other  buildings  and  for  carrying  forward  construction 
work.  And  the  Secretary  of  the  Treasury  is  hereby  authorized  to 
employ,  without  regard  to  civil-service  laws,  rules,  or  regulations, 
and  to  pay  for  at  customary  rates  of  compensation,  out  of  this 
authorization,  such  technical  and  engineering  services  as  may  be 
recommended  by  the  above  board,  to  serve  exclusively  in  the  Office 
of  the  Supervising  Architect  of  the  Treasury  Department  to  aid  in 
the  preparation  of  plans  and  specifications  for  and  to  supervise  the 
construction  of  the  work  herein  provided  for:  Provided,  That  the 
foregoing  authorization  for  the  employment  of  technical  and  engineer- 
ing services  shall  be  in  addition  to  and  independent  of  the  authoriza- 
tions and  appropriations  for  personal  services  for  the  Office  of  the 
Supervising  Architect  otherwise  made. 

That  the  Secretary  of  War  be,  and  he  is  hereby,  authorized  to 
transfer  to  the  city  of  Pittsburgh,  Pa.,  or  to  the  board  of  public 
education  of  the  said  city  of  Pittsbui^h,  for  public  use,  that  part  of 
the  United  States  arsenal  grounds  in  the  city  of  Pittsburgh  lying 
between  Thirty-ninth  and  Fortieth  Streets  and  between  Butler  Street 
and  the  tract  of  land  transferred  by  the  Secretary  of  War  to  the 
custody  and  control  of  the  Treasury  Department  for  a  marine-hos- 
pital site  by  an  instrument  dated  June  1,  1904,  under  authority  of 
the  sundry  civil  act  of  March  3,  1903,  the  land  to  be  transferred  to  the 
said  city  of  Pittsburgh  being  more  particularly  described  as  follows: 
Beginning  at  the  northwest  corner  of  the  said  tract  of  land  transferred 
to  the  custody  and  control  of  the  Treasury  Department,  and  running 
thence  along  Fortieth  Street  in  a  northwesterly  direction  to  the  inter- 
section of  said  street  and  Butler  Street,  1,1 17|  feet,  more  or  less; 
thence  along  Butler  Street  in  a  southwesterly  direction  to  the  inter- 
section of  said  street  and  Thirty-ninth  Street,  523  feet,  more  or  less ; 
thence  along  Thirty-nmth  Street  in  a  southeasterly  direction  to  south- 
west corner  of  the  said  tract  of  land  transferred  to  the  custody  and 
control  of  the  Treasury  Department,  1,1 00 J  feet,  more  or  less;  and 
thence  along  the  westerly  boundary  of  said  tract  of  land  in  a  north- 
easterly direction  to  the  place  of  beginning,  523  feet,  more  or  less; 
and  containing  13i  acres,  more  or  less,  on  the  transfer  by  the  board 
of  public  education  of  the  city  of  Pittsburgh,  or  by  the  city  of  Pitts- 
burgh, to  the  United  States,  for  the  use  of  the  Bureau  of  Mines,  under 
the  Department  of  the  Interior,  as  a  site  for  the  erection  of  the  labo- 
ratories and  other  buildings  hereinbefore  provided  for,  of  the  tract 


926  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

of  land  in  the  said  city  of  Pittsburgh,  known  as  the  Magee  High 
School  site,  and  lying  on  Forbes  Street  and  the  Baltimore  &  Ohio 
Railroad,  and  more  particularly  described  as  follows:  Beginning  in 
the  center  of  Boundary  Street  at  its  junction  with  Forbes  Street  and 
running  north  87  degrees  36  minutes  45  seconds  east  parallel  to 
Forbes  Street  for  a  distance  of  536.2  feet,  more  or  less,  to  a  stone 
monument;  thence  running  south  2  degrees  23  minutes  15  seconds 
east  for  a  distance  of  150  feet,  more  or  less,  to  a  stone  monument; 
thence  north  87  degrees  36  minutes  45  seconds  east  for  a  distance  of 
115  feet,  more  or  less,  to  a  stone  monument;  thence  north  2  degrees 
23  minutes  15  seconds  west  for  a  distance  of  58.89  feet,  more  or  less, 
to  a  stone  monument;  thence  south  52  degrees  26  minutes  15  seconds 
east  for  a  distance  of  20.8  feet,  more  or  less,  to  a  pin;  thence  south 
50  degrees  41  minutes  15  seconds  east  for  a  distance  of  413.8  feet, 
more  or  less,  to  a  pin;  thence  south  15  degrees  28  minutes  45  seconds 
west  for  a  distance  of  326.7  feet,  more  or  less,  to  a  pin;  thence  north 
76  degrees  45  minutes  west  for  a  distance  of  1,144.75  feet,  more  or 
less,  to  the  center  of  Boundary  Street;  and  thence  along  the  center 
of  Boundary  Street  north  28  degrees  15  minutes  east  for  a  distance 
of  444.38  feet,  more  or  less,  to  the  starting  point,  and  containing  an 
area  of  11 J  acres,  more  or  less:  Provided,  That  before  the  above- 
described  transfer  by  the  Secretary  of  War  to  the  city  of  Pittsburgh 
shall  become  effective,  and  as  an  express  further  consideration  for 
said  transfer,  and  for  the  surrender  by  the  United  States  of  a  per- 
petual water  supply  now  obtained  from  a  reservoir  located  on  the 
lands  so  to  be  transferred,  the  city  of  Pittsburgh,  through  its  proper 
officers,  shall  covenant  and  agree,  at  its  own  expense,  and  within  a 
reasonable  time,  to  tap,  within  that  part  of  the  Pittsburgh  supply 
depot  and  reservation  between  Butler  Street  and  the  Allegheny  River 
retained  by  the  United  States,  the  42-inch  water  main  belonging  to 
the  said  city  which  now  crosses  the  said  reservation  under  a  revocable 
license,  and  thereafter  to  furnish,  in  perpetuity,  free  of  charge  to  the 
United  States,  all  the  water  needed  of  good  quality  for  said  purposes, 
for  all  purposes  upon  the  said  reservation,  and  shall  also  agree  to 
keep  its  own  water  main,  pipes,  hydrants,  and  other  necessary 
appurtenances  now  located  or  hereafter  to  be  located  upon  the  same, 
in  good  condition  and  repair  at  its  own  expense.  In  case  of  failure 
of  the  city  of  Pittsburgh  to  do  any  and  all  things  necessary  to  proper 
fulfillment  of  this  provision,  the  reservoir,  pipe  lines,  and  so  much  of 
the  land  adjacent  thereto  on  the  part  of  the  reservation  which  is  to 
be  transferred  to  the  said  city  as  may  be  needed  for  rights  of  way 
shall  revert  to  the  United  States. 

39  STAT.  251,  DECEMBER  22,  1913  (PUBLIC— NO.  42,  63D  CONGRESS). 

PITTSBURGH  STATION— AMENDMENTS. 

AN  ACT  Amending  an  act  entitled  "An  act  to  increase  the  limit  of  cost  of  certain 
public  buildings,  to  authorize  the  enlargement,  extension,  remodeling,  or  improve- 
ment of  certain  public  buildings,  to  authorize  the  erection  and  completion  of  pub- 
lic buildings,  to  authorize  the  purchase  of  sites  for  public  buildings,  and  for  other 
purposes,"  approved  March  4,  1913. 

Be  it  enacted,  etc..  That  section  26  of  the  act  approved  March  4, 
1913,  which  authorizes  the  Secretary  of  the  Treasury  to  enter  into 


BUREAU  OF  MINES,  PP.  916-030. 


927 


a  contract  or  contracts  for  the  erection  of  fireproof  laboratories  for 
the  Bureau  of  Mines  in  the  city  of  Pittsburgh,  Pennsylvania,  and  so 
forth,  is  hereby  amended  so  as  to  authorize  the  Secretary  of  the 
Treasury,  in  his  discretion,  to  accept  and  expend,  in  addition  to  the 
limit  of  cost  therein  fixed,  such  funds  as  may  be  received  by  contri- 
bution from  the  State  of  Pennsylvania,  or  from  other  sources,  for  the 
purpose  of  enlarging,  by  purchase,  condemnation,  or  otherwise,  and 
improving  the  site  authorized  to  be  acquired  for  said  Bureau  of 
Mines,  or  for  other  work  contemplated  by  said  legislation:  Provided, 
That  the  acceptance  of  such  contributions  and  the  improvements 
made  therewith  shall  involve  the  United  States  in  no  expenditure 
in  excess  of  the  limit  of  cost  heretofore  fixed. 

38  STAT.  4,  p.  48,  JUNE  23,  1913. 

APPROPRIATIONS. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for 
the  fiscal  year  ending  June  30,  1914. 

Be  it  enacted,  etc..  That  the  following  sums  be,  and  the  same  are 
hereby,  appropriated,  for  the  objects  hereinafter  expressed,  for  the 
fiscal  year  ending  June  30,  1914,  namely: 

For  the  general  expenses  of  the  Bureau  of  Mines,  including  the  pay 
of  the  director  and  the  necessary  assistants,  clerks,  and  other  em- 
ployees in  the  office  at  Washington,  D.  C,  and  in  the  field,  and  for 
every  other  expense  requisite  for  and  incident  to  the  general  work  of 
the  Bureau  of  Mines  in  Washington,  D.  C,  and  in  the  field,  to  be 
expended  under  the  direction  of  the  Secretary  of  the  Interior,  $70,000; 

For  the  investigation  as  to  the  causes  of  mine  explosions,  methods 
of  mining,  especially  in  relation  to  the  safety  of  miners,  the  appli- 
ances best  adapted  to  prevent  accidents,  the  possible  improvement 
of  conditions  under  which  mining  operations  are  carried  on,  the  use 
of  explosives  and  electricity,  the  prevention  of  accidents,  and  other 
inquiries  and  technologic  investigations  pertinent  to  the  mining 
industry,  $347,000; 

For  the  analyzing  and  testing  of  the  coals,  lignites,  ores,  and  other 
mineral  fuel  substances  belonging  to  or  for  the  use  of  the  United 
States,  including  personal  services  in  the  Bureau  of  Mines  at  Wash- 
ington, D.  C,  not  in  excess  of  the  number  and  total  compensation  of 
those  so  employed  during  the  fiscal  year  1912,  $135,000; 

For  inquiries  and  investigations  into  the  mining  and  treatment  of 
ores  and  other  mineral  substances,  with  special  reference  to  safety 
and  waste,  $100,000:  Provided,  That  no  part  thereof  may  be  used  for 
investigation  in  behalf  of  any  private  party,  nor  shall  any  part  thereof 
be  used  for  work  authorized  or  required  by  law  to  be  done  by  any  other 
branch  of  the  public  service ; 

For  one  mine  inspector  for  duty  in  Alaska,  $3,000; 

For  per  diem,  subject  to  such  rules  and  regulations  as  the  Secretary 
of  the  Interior  may  prescribe,  in  lieu  of  subsistence  at  a  rate  not 
exceeding  $5  per  day  when  absent  on  official  business  from  his  desig- 
nated headquarters,  and  for  actual  necessary  traveling  expenses  of 
said  inspector,  $3,500; 


928  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

For  technical  and  scientific  books  and  publications  and  books  of 
reference,  including  payment  in  advance  for  subscriptions  to  publica- 
tions, $1,500; 

For  the  purchase  or  lease  of  the  necessary  land,  where  and  under 
such  conditions  as  the  Secretary  of  the  Interior  may  direct,  for  the 
headquarters  of  five  mine-rescue  cars  and  for  the  construction  of  the 
necessary  railway  sidings  on  the  same,  $2,000:  Provided,  That  the 
Secretary  of  the  Interior  is  hereby  authorized  to  accept  any  suitable 
land  or  lands  that  may  be  donated  for  said  purpose; 

In  all,  for  the  Bureau  of  Mines,  $662,000. 

******* 

39  STAT.  609,  p.  646.— AUGUST  1,  1914  (PUBLIC— NO.  161— 63D  CONGRESS). 

APPROPRIATIONS— BUREAU  OF  MINES. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for  the 
fiscal  year  ending  June  30,  1915,  and  for  other  purposes. 

Be  it  enacted,  etc..  That  the  following  sums  be,  and  the  same  are 
hereby,  appropriated,  for  the  objects  hereinafter  expressed,  for  the 
fiscal  year  ending  June  30,  1915. 

******* 

For  general  expenses,  including  pay  of  the  director  and  necessary 
assistants,  clerks,  and  other  employees  in  the  office  at  Washington, 
District  of  Columbia,  and  in  the  field,  and  every  other  expense  requi- 
site for  and  incident  to  the  general  work  of  the  bureau  in  Washington, 
District  of  Columbia,  and  in  the  field,  to  be  expended  under  the 
direction  of  the  Secretary  of  the  Interior,  $70,000; 

For  investigation  as  to  the  causes  of  mine  explosions,  methods  of 
mining,  especially  in  relation  to  the  safety  of  miners,  the  appliances 
best  adapted  to  prevent  accidents,  the  possible  improvement  of  con- 
ditions under  which  mining  operations  are  carried  on,  the  use  of  explo- 
sives and  electricity,  the  prevention  of  accidents,  and  other  inquiries 
and  technologic  investigations  pertinent  to  the  mining  industry, 
$347,000; 

For  purchase  of  mine-rescue,  first-aid,  and  fire-fighting  equipment 
and  supplies  for  use  in  the  operation  of  mine-rescue  cars  and  stations, 
$30,000; 

For  purchase  of  steam  and  electric  equipment  for  supplying  light 
and  power  to  the  testing  plant  of  the  Bureau  of  Mines  at  Pittsburgh, 
Pennsylvania,  $10,000; 

For  investigation  of  mineral  fuels  and  unfinished  mineral  products 
belonging  to  or  for  the  use  of  the  United  States,  with  a  view  to  their 
most  efficient  mining,  preparation,  treatment,  and  use,  including 
personal  services  in  the  bureau  at  Washington,  District  of  Columbia, 
not  in  excess  of  the  number  and  total  compensation  of  those  so 
employed  during  the  fiscal  year  1913,  $135,000; 

For  inquiries  and  scientific  and  technologic  investigations  concern- 
ing the  mining,  preparation,  treatment,  and  utilization  of  ores  and 
other  mineral  substances,  with  a  view  to  improving  health  conditions 
and  increasing  safety,  efficiency,  economic  development,  and  con- 
serving resources  through  the  prevention  of  waste  in  the  mining, 
quarrying,  metallurgical,  and  other  mineral  industries ;  to  inquire  into 


BUREAU  OF  MTNKS,  PP.  016-030. 


929 


the  economic  conditions  affecting  these  industries:  Provided,  That  no 
part  thereof  may  be  used  for  investigation  in  behalf  of  any  private 
party,  nor  shall  any  part  thereof  be  used  for  work  authorized  or 
required  by  law  to  be  done  by  any  other  branch  of  the  public  service, 
$100,000. 

Not  exceeding  20  per  centum  of  the  foregoing  sum  and  not  exceed- 
ing 10  per  centum  of  the  sum  for  investigation  as  to  causes  of  mine 
explosions  may  be  used  durmg  the  fiscal  year  1915  for  personal 
services  in  the  District  of  Columbia;  and  for  the  fiscal  year  1916, 
and  annually  thereafter  estimates  shall  be  submitted  specifically  for 
aU  personal  services  required  permanently  and  entirely  in  the  Bureau 
of  Mines  at  Washington,  District  of  Columbia,  and  previously  paid 
from  lump  sum  or  general  appropriations. 

For  inquiries  and  investigations  concerning  the  mining,  preparation, 
treatment,  and  utilization  of  petroleum  and  natural  gas,  with  a  view 
to  economic  development,  and  conserving  resources  through  the  pre- 
vention of  w^aste;  to  inquire  into  the  economic  conditions  affecting  the 
industry,  $25,000; 

For  one  mine  inspector  for  duty  in  Alaska,  $3,000 ; 

For  per  diem,  subject  to  such  rules  and  regulations  as  the  Secretary 
of  the  Interior  may  prescribe,  in  lieu  of  subsistence  at  a  rate  not  ex- 
ceeding $5  per  day  when  absent  on  official  business  from  his  desig- 
nated headquarters,  and  for  actual  necessary  traveling  expenses  of 
said  inspector,  $2,500; 

For  technical  and  scientific  books  and  publications  and  books  of 
reference,  including  payment  in  advance  for  subscriptions  to  publica- 
tions, $1,500; 

For  purchase  or  lease  of  the  necessary  land,  where  and  under  such 
conditions  as  the  Secretary  of  the  Interior  may  direct,  for  the  head- 
quarters of  five  mine  rescue  cars  and  for  the  construction  of  the 
necessary  railway  sidings  on  the  same,  $1,000:  Provided,  That  the 
Secretary  of  the  Interior  is  authorized  to  accept  any  suitable  land  or 
lands  that  may  be  donated  for  said  purpose; 

In  all,  for  the  Bureau  of  Mines,  $725,000. 

Persons  employed  during  the  fiscal  year  nineteen  hundred  and 
fifteen  in  field  work,  outside  of  the  District  of  Columbia,  under  the 
Bureau  of  Mines,  may  be  detailed  temporarily  for  service  at  Washing- 
ton, District  of  Columbia,  for  purposes  only  of  consultation  or  in  con- 
nection with  the  preparation  of  results  of  their  field  work ;  all  persons 
so  detailed  shall  be  paid  in  addition  to  their  regular  compensation 
only  their  actual  traveling  expenses  in  going  to  and  returning  there- 
from; and  all  details  made  hereunder,  and  the  purposes  of  each,  dur- 
ing the  fiscal  year  shall  be  reported,  in  the  annual  estimates  of  appro- 
priations, to  the  Sixty-fourth  Congress  at  its  first  regular  session. 

******* 

Washington,  District  of  Columbia,  Interior  Department  Offices: 
Not  exceeding  $40,000  or  the  unexpended  balance  of  the  appropria- 
tion for  the  acquisition  of  square  numbered  143  in  Washington, 
District  of  Columbia,  is  reappropriated  and  made  available  toward 
the  purposes  and  within  the  limit  named  in  section  9  of  the  public 
buildings  act  of  March  4,  1913,  providing  for  a  building  for  the 
Geological  Survey  and  other  offices  of  the  Department  of  the  Interior. 


930  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


39  STAT.  510,  JULY  17,  1914  (PUBLIC— NO.  130— 63D  CONGRESS). 

MINE-RESCUE  STATION— McALESTER,  OKLA. 

AN  ACT  For  the  purchase  of  a  building  and  lot  as  a  mine-rescue  station  at 

McAlester,  Okla. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and  he 
is  hereby,  authorized  and  directed  to  purchase,  for  and  on  behalf  of 
the  United  States,  the  following-described  real  estate  in  the  city  of 
McAlester,  county  of  Pittsburg,  State  of  Oklahoma,  to  wit,  the  north 
50  feet  of  lot  numbered  2,  in  block  numbered  487,  in  the  original  town 
site  of  South  McAlester,  the  dimensions  of  said  lot  being  50  feet  by 
165  feet,  with  50  feet  front  on  South  Third  Street,  in  said  city  of 
McAlester,  together  with  the  two-story  brick  building  and  all  other 
improvements  thereon,  for  the  use  of  the  Bureau  of  Mines  for  a  mine- 
rescue  station  and  for  such  other  purposes  as  the  Bureau  of  Mines 
may  from  time  to  time  desire  to  use  the  same,  at  and  for  the  sum  of 
$5,500,  which  said  sum  is  hereby  appropriated  for  such  purpose  out 
of  any  money  in  the  Treasury  not  otherwise  appropriated. 


CENSUS. 


36  STAT.  1,  p.  4,  JULY  2,  1909. 

MINERAL  SCHEDULES. 
AN  ACT  To  provide  for  the  Thirteenth  and  subsequent  decennial  censuses. 

Be  it  enacted,  etc.,  That  a  census  of  the  population,  agriculture, 
manufactures,  and  mines  and  quarries  of  the  United  States  shall  be 
taken  by  the  Director  of  the  Census  in  the  year  1910,  and  every  10 
years  therafter. 

Sec.  8.  *  *  *  The  schedules  of  inquiries  relating  to  manufac- 
tures and  to  mines  and  quarries  shall  include  the  name  and  location 
of  each  establishment;  character  of  organization,  whether  individual, 
cooperative,  or  other  form;  character  of  business  or  kind  of  goods 
manufactured;  amount  of  capital  actually  invested;  number  of  pro- 
prietors, firm  members,  copartners,  stockholders,  and  officers  and  the 
amount  of  their  salaries;  number  of  employees  and  the  amount  of 
their  wages;  quantity  and  cost  of  materials  used  in  manufactures; 
amount  of  miscellaneous  expenses;  quantity  and  value  of  products; 
time  in  operation  during  the  census  year;  character  and  quantity  of 
power  used,  and  character  and  number  of  machines  employed. 

The  census  of  manufactures  and  of  mines  and  quarries  shall  relate  to 
the  year  ending  December  31  next  preceding  the  enumeration  of 
population  and  shall  be  confined  to  mines  and  quarries  and  manufac- 
turing establishments  which  were  in  active  operation  during  all  or  a 
portion  of  that  year.    (Amended  36  Stat.  227.) 

Sec.  24.  And  it  shall  be  the  duty  of  every  owner,  president,  treas- 
urer, secretary,  director,  or  other  officer  or  agent  of  any  manufacturing 
establishment,  mine,  quarry,  or  other  establishment  of  productive 
industry,  whether  conducted  as  a  corporation,  firm,  Hmited-liability 
company,  or  by  private  individuals,  when  requested  by  the  Director  of 
the  Census  or  by  any  supervisor,  enumerator,  special  agent,  or  other 
employee  of  the  Census  Office  acting  under  the  instructions  of  the  said 
director,  to  answer  completely  and  correctly  to  the  best  of  his  knowl- 
edge all  questions  on  any  census  schedule  applying  to  such  establish- 
ment.   (Uemainder  of  section  imposes  penalty.) 

36  STAT.  227,  FEBRUARY  25.  1910. 

CENSUS  REPORTS— AMENDMENT. 

AN  ACT  To  amend  section  8  of  an  act  to  provide  for  the  Thirteenth  and  subsequent 
decennial  censuses,  approved  July  2,  1909. 

*  *  *  He  Hi  *  * 

Sec.  8.  *  *  *  f^^Q  schedules  of  inquiries  relating  to  manufac- 
tures and  to  mines  and  quarries  shall  include  the  name  and  location  of 

931 


932  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


each  establishment;  character  of  organization,  whether  individual, 
cooperative,  or  other  form;  character  of  business  or  kind  of  goods 
manufactured;  amount  of  capital  actually  invested;  number  oi  pro- 
prietoi*s,  firm  members,  copartners,  stockholders,  and  officers,  and  the 
amount  of  their  salaries;  number  of  employees  and  the  amount  of 
their  wages;  quantity  and  cost  of  materials  used  in  manufactures; 
amount  of  miscellaneous  expenses;  quantity  and  value  of  products;  * 
time  in  operation  during  the  census  year;  character  and  quantity  of 
power  used,  and  character  and  number  of  machines  employed.  *  *  * 
The  census  of  manufactures  and  of  mines  and  quarries  shall  relate 
to  the  year  ending  December  31  next  preceding  the  enumeration  of 
population  and  shall  be  confined  to  mines  and  quarries  and  manu- 
facturing estabfishments  which  were  in  active  operation  during  all 
or  a  portion  of  that  year. 


DEBRIS  DEPOSITS. 


24  STAT.  310,  p.  329,  AUGUST  5,  1886. 

MINES  AND  STAMP  WORKS. 

AN  ACT  Making  an  appropriation  for  the  construction,  repair,  and  preservation  of  cer- 
tain public  works  on  rivers  and  harbors,  etc. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  2.  That  in  places  where  harbor  lines  iiave  not  been  established, 
and  where  deposits  of  debris  of  mines  or  stamp  works  can  be  made 
without  injury  to  navigation,  within  lines  to  be  established  by  the 
Secretary  of  War,  said  officer  may,  and  is  hereby  authorized  to,  cause 
such  lines  to  be  established;  and  within  such  lines  such  deposits  may 
be  made,  under  regulations  to  be  from  time  to  time  prescribed  by  him. 

25  STAT.  498,  OCTOBER  1,  1888. 

DEBRIS  DEPOSITS  COMMISSION— CALIFORNIA. 
AN  ACT  For  the  investigation  of  the  mining-debris  question  in  California. 

Be  it  enacted,  etc..  That  the  Secretary  of  War  is  hereby  authorized 
and  directed  to  detail  three  officers  from  the  Engineers  Corps  of  the 
United  States  Army  as  a  commission  for  the  purpose  of  making  a 
thorough  examination  and  investigation  of  the  mining-debris  question 
in  the  State  of  California,  for  the  purpose  of  ascertaining  whether 
some  plan  can  be  devised  whereby  the  present  conflict  between  the 
mining  and  farming  sections  may  be  adjusted  and  the  mining  industry 
rehabilitated;  and  for  a  complete  examination  of  the  injured  navi- 
gable river  channels,  their  tributaries  and  lands  adjacent  thereto,  with 
a  view  to  the  improvement  and  rectification  of  said  rivers.  And  that 
the  sum  of  $10,000,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated,  out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated, for  the  purpose  of  carrying  into  effect  the  provisions  oi  this 
act,  said  sum  to  be  expended  at  the  discretion  of  the  Secretary  of  War; 
the  said  commission  to  report  as  early  as  practicable  to  the  Secretary 
of  War  the  result  of  their  investigation,  and  the  Secretary  of  W  ar  shall 
make  report  thereof  to  Congress. 

27  STAT.  393,  FEBRUARY  25,  1892. 

DEBRIS  DEPOSITS— CALIFORNIA. 
JOINT  RESOLUTION  Investigating  mining  d6bris  in  California. 

Resolved,  etc.,  That  the  Secretary  of  War  be,  and  he  is  hereby, 
requested  to  submit  for  the  consideration  of  Congress  what  amounts 
can  be  profitably  expended  during  the  coming  year  to  carry  out  the 


933 


934 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


recommendations  made  by  the  commission  of  engineers,  United 
States  Army,  appointed  under  the  provisions  of  an  act  of  Congress 
approved  October  1,  1888,  entitled  "An  act  to  investigate  mining 
debris  in  California/'  for  ''restriction  works,  dams,  and  wingdams, 
to  restrain  the  mining  debris  where  now  situated,  and  prevent  its 
lodgment  in  the  rivers  of  California,  to  the  injury  of  navigation 
and  commerce." 

27  STAT.  507,  MARCH  1,  1893. 

CALIFORNIA  DEBRIS  COMMISSION— HYDRAULIC  MINING. 

AN  ACT  To  create  the  California  Debris  Commission  and  regulate  hydraulic  mining 

in  the  State  of  California. 

Be  it  enacted,  etc.,  That  a  commission  is  hereby  created,  to  be 
known  as  the  California  Debris  Commission,  consisting  of  three 
members.  The  President  of  the  United  States  shall,  by  and  with 
the  advice  and  consent  of  the  Senate,  appoint  the  commission  from 
officers  of  the  Corps  of  Engineers,  United  States  Army.  Vacancies 
occurring  therein  shall  be  filled  in  like  manner.  It  shall  have  the 
authority,  and  exercise  the  powers  hereinafter  set  forth,  under  the 
supervision  of  the  Chief  of  Engineers  and  direction  of  the  Secretary 
of  War. 

Sec.  2.  That  said  commission  shall  organize  within  30  days  after 
its  appointment  by  the  selection  of  such  officers  as  may  be  required 
in  the  performance  of  its  duties,  the  same  to  be  selected  from  the 
members  thereof.  The  members  of  said  commission  shall  receive 
no  greater  compensation  than  is  now  allowed  by  law  to  each,  re- 
spectively, as  an  officer  of  said  corps  of  engineers.  It  shall  also 
adopt  rules  and  regulations,  not  inconsistent  with  law,  to  govern 
its  deliberations  and  prescribe  the  methods  of  procedure  under  the 
provisions  of  this  act. 

Sec.  3.  That  the  jurisdiction  of  said  commission,  in  so  far  as 
the  same  affects  mining  carried  on  by  the  hydraulic  process,  shall 
extend  to  all  such  mining  in  the  territory  drained  by  the  Sacramento 
and  San  Joaquin  River  systems  in  the  State  of  California.  Hy- 
draulic mining,  as  defined  in  section  8  hereof,  du'ectly  or  indi- 
rectly injuring  the  navigability  of  said  river  systems,  carried  on  in 
said  territory  other  than  as  permitted  under  the  provisions  of  this 
act  is  hereby  prohibited  and  declared  unlawful. 

Sec.  4.  That  it  shall  be  the  duty  of  said  commission  to  mature 
and  adopt  such  plan  or  plans,  from  examinations  and  surveys  al- 
ready made  and  from  such  additional  examinations  and  surveys  as 
it  may  deem  necessary,  as  wiU  improve  the  navigability  of  all  the 
rivers  comprising  said  systems,  deepen  their  channels,  and  protect 
their  banks.  Such  plan  or  plans  shall  be  matured  with  a  view  of 
making  the  same  effective  as  against  the  encroachment  of  and  dam- 
age from  debris  resulting  from  mining  operations,  natural  erosion, 
or  other  causes,  with  a  view  of  restoring,  as  near  as  practicable  and 
the  necessities  of  commerce  and  navigation  demand,  the  naviga- 
bility of  said  rivers  to  the  condition  existing  in  1860,  and  permit- 
ting mining  by  the  hydraulic  process,  as  the  term  is  understood  in 
said  State,  to  be  carried  on,  provided  the  same  can  be  accomplished, 
without  injury  to  the  navigability  of  said  rivers  or  the  land  adjacent 
thereto. 


DEBRIS  DEPOSITS^  PP.  '.);{;{-i)4r). 


935 


Sec.  5.  That  it  sliall  further  examine,  survey,  and  determine  the 
utility  and  practicability,  for  the  purposes  hereinafter  indicated,  of 
storage  sites  in  the  tributaries  of  said  rivers  and  in  the  respective 
branches  of  said  tributaries,  or  in  tlie  plains,  basins,  sloughs,  and  tule 
and  swamp  lands  adjacent  to  or  along  the  course  of  said  rivers,  for 
the  storage  of  debris  or  water  or  as  settling  reservoirs,  with  the  ob- 
ject of  using  the  same  by  either  or  all  of  these  methods  to  aid  in  the 
improvement  and  piotection  of  said  navigable  rivers  by  preventing 
deposits  therein  of  debris  resulting  from  mining  operations,  natural 
erosion,  or  otlier  causes,  or  for  affording  relief  thereto  in  flood  time 
and  providing  sufficient  w^ater  to  maintain  scouring  force  therein 
in  the  summer  season;  and  in  connection  therewith  to  investigate 
such  hydraulic  and  other  mines  as  are  now  or  may  have  been  worked 
by  methods  intended  to  restrain  the  debris  and  material  moved  in 
operating  such  mines  by  impounding  dams,  settling  reservoirs,  or 
otherwise,  and  in  general  to  make  such  study  of  and  researches  in 
the  hydraulic  mining  industry  as  science,  experience,  and  engi- 
neering skill  may  suggest  as  practicable  and  useful  in  devising  a 
method  or  methods  whereby  such  mining  may  be  carried  on  as 
aforesaid. 

Sec.  6.  That  the  said  commission  shall  from  time  to  time  note  the 
conditions  of  the  navigable  channels  of  said  river  systems,  by  cross- 
section  surveys  or  otherwise,  in  order  to  ascertain  the  efl^ect  therein 
of  such  hydraulic  mining  operations  as  may  be  permitted  by  its 
orders  and  such  as  is  caused  by  erosion,  natural  or  otherwise. 

Sec.  7.  That  said  commission  shall  submit  to  the  Chief  of  En- 
gineers, for  the  information  of  the  Secretary  of  War,  on  or  before 
the  15th  day  of  November  of  each  year,  a  report  of  its  labors  and 
transactions,  with  plans  for  the  construction,  completion,  and  pres- 
ervation of  the  public  works  outlined  in  this  act,  together  with  es- 
timates of  the  cost  thereof,  stating  what  amounts  can  be  profitably 
expended  thereon  each  year.  The  Secretary  of  War  shall  thereupon 
submit  same  to  Congress  on  or  before  the  meeting  thereof. 

Sec.  8.  That  for  the  purposes  of  this  act  '^hydraulic  mining"  and 
'^mining  by  the  hydraulic  process,"  are  hereby  declared  to  have  the 
meaning  and  application  given  to  said  terms  in  said  State. 

Sec.  9.  That  the  individual  proprietor  or  proprietors,  or  in  case 
of  a  corporation  its  manager  or  agent  appointed  for  that  purpose, 
owning  mining  ground  in  the  territory  in  the  State  of  California 
mentioned  in  section  3  hereof,  which  it  is  desired  to  work  by  the 
hydraulic  process,  must  file  with  said  commission  a  verified  petition, 
setting  forth  such  facts  as  will  comply  with  law  and  the  rules  pre- 
scribed by  said  commission. 

Sec.  10.  That  said  petition  shall  be  accompanied  by  an  instru- 
ment duly  executed  and  acknowledged-,  as  required  by  the  law  of 
the  said  State,  whereby  the  owner  or  owners  of  such  mine  or  mines 
surrender  to  the  United  States  the  right  and  privilege  to  regulate 
by  law,  as  provided  in  this  act,  or  any  law  that  may  hereafter  be 
enacted,  or  by  such  rules  and  regulations  as  may  be  prescribed  by 
virtue  thereof,  the  manner  and  method  in  which  the  debris  resulting 
from  the  working  of  said  mine  or  mines  shall  be  restrained,  and  what 
amount  shall  be  produced  therefrom;  it  being  understood  that  the 
surrender  aforesaid  shall  not  be  construed  as  in  any  way  affecting 


936 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


the  right  of  such  owner  or  owners  to  operate  said  mine  or  mines  by 
any  other  process  or  method  now  in  use  in  said  State:  Provided, 
That  they  shall  not  interfere  with  the  navigability  of  the  aforesaid 
rivers. 

Sec.  11.  That  the  owners  of  several  mining  claims  situated  so  as  to 
require  a  common  dumping  ground  or  dam  or  other  restraining  works 
for  the  debris  issuing  therefrom  in  one  or  more  sites  may  file  a  joint 
petition  setting  forth  such  facts  m  addition  to  the  requirements  of 
section  9  hereof ;  and  where  the  owner  of  a  hydraulic  mine  or  owners 
of  several  such  mines  have  and  use  common  dumping  sites  for  impound- 
ing debris  or  as  settling  reservoirs,  which  sites  are  located  below  the 
mine  of  an  appHcant  not  entitled  to  use  same,  such  fact  shall  also  be 
stated  in  said  petition.  Thereupon  the  same  proceedings  shall  be  had 
as  provided  for  herein. 

Sec.  12.  A  notice  specifying  briefly  the  contents  of  said  petition 
and  fixing  a  time  previous  to  which  all  proofs  are  to  be  submitted  shall 
be  pubhshed  by  said  commission  in  some  newspaper  or  newspapers  of 
general  circulation  in  the  community  m  teres  ted  in  the  matter  set  forth 
therein.  If  pubhshed  in  a  daily  paper  such  pubhcation  shall  continue 
for  at  least  10  days;  if  in  a  weekly  paper,  in  at  least  three  issues  of  the 
same.  Pendmg  publication  thereof  said  commission,  or  a  committee 
thereof,  shall  examine  the  mine  and  premises  described  in  such  peti- 
tion. On  or  before  the  time  so  fixed  all  parties  interested,  either  as 
petitioners  or  contestants,  whether  miners  or  agriculturists,  may  file 
affidavits,  plans,  and  maps  in  support  of  their  respective  claims. 
Further  hearing,  upon  notice  to  all  parties  of  record,  may  be  granted 
by  the  commission  when  necessary. 

Sec.  13.  That  in  case  the  majority  of  the  members  of  said  commis- 
sion, within  30  days  after  the  time  so  fixed,  concur  in  a  decision  in 
favor  of  the  petitioner  or  petitioners,  the  said  commission  shall  there- 
upon make  an  order  directing  the  methods  and  specifying  in  detail  the 
manner  in  which  operations  shall  proceed  in  such  mme  or  mines; 
what  restraining  or  impounding  works,  if  facilities  therefor  can  be 
found,  shall  be  built,  and  maintained;  how  and  of  what  material; 
where  to  be  located;  and  in  general  set  forth  such  further  require- 
ments and  safeguards  as  will  protect  the  public  interests  and  will  pre- 
vent injury  to  the  said  navigable  rivers,  and  the  lands  adjacent  thereto,, 
with  such  further  conditions  and  limitations  as  will  observe  all  the 
provisions  of  this  act  in  relation  to  the  working  thereof  and  the  pay- 
ment of  taxes  on  the  gi'oss  proceeds  of  the  same:  Provided,  That  all 
expense  incurred  in  complying  with  said  order  shall  be  borne  by  the 
owner  or  owners  of  such  mine  or  mines.  (Amended,  34  Stat.  1001, 
p.  944.*) 

Sec.  14.  That  such  petitioner  or  petitioners  must  within  a  reason- 
able time  present  plans  and  specifications  of  all  works  required  to  be 
built  in  pursuance  of  said  order  for  examination,  correction,  and 
approval  by  said  commission ;  and  thereupon  work  may  immediately 
commence  thereon  under  the  supervision  of  said  commission  or  repre- 
sentative thereof  attached  thereto  from  said  corps  of  engineers,  who 
shall  inspect  same  from  time  to  time.  Upon  completion  thereof,  if 
found  in  every  respect  to  meet  the  requirements  of  the  said  order  and 
said  approved  plans  and  specifications,  permission  shall  thereupon  be 


DEBRIS  DEPOSITS,  PP.  033-045. 


987 


granted  to  the  owner  or  owners  of  siicJi  mine  or  mines  to  commiMice 
mining  operations,  subject  to  the  conditions  of  said  order  and  the  pro- 
visions 01  this  act. 

Sec.  15.  That  no  pennission  granted  to  a  mine  owner  or  owners 
\mder  this  act  shall  take  effect,  so  far  as  regards  the  working  of  a  mine, 
until  all  impounding  dams  or  other  restraining  works,  if  any  are  pre- 
scribed by  the  order  granting  such  pennission,  have  been  completed 
and  until  the  impounding  dams  or  otlier  restraining  works  or  settling 
reservoirs  provid[ed  by  said  commission  have  reached  such  a  stage  as, 
in  the  opinion  of  said  commission,  it  is  safe  to  use  the  same :  Provided, 
however,  That  if  said  commission  shall  be  of  the  opinion  that  the 
restraining  and  other  works  already  constructed  at  the  mine  or  mines 
shall  be  sufficient  to  protect  the  navigable  rivers  of  said  systems  and 
the  work  of  said  commission,  then  the  owner  or  owners  oi  such  mine 
or  mines  may  be  permitted  to  commence  operations. 

Sec.  16.  That  in  case  the  joint  petition  referred  to  in  section  11 
hereof  is  granted,  the  commission  shall  fix  the  respective  amounts  to 
be  paid  by  each  owner  of  such  mines  toward  providing  and  building 
necessary  impounding  dams  or  other  restraining  works.  In  the  event 
of  a  petition  being  filed  after  the  entry  of  such  order,  or  in  case  the  im- 
pounding dam  or  dams  or  other  restraining  works  have  already  been 
constructed  and  accepted  by  said  commission,  the  commission  shall  fix 
such  amount  as  may  be  reasonable  for  the  privilege  of  dumping  there- 
in, which  amount  shall  be  divided  between  the  original  owners  of  such 
impounding  dams  or  other  restraining  works  in  proportion  to  the 
amount  respectively  paid  by  each  party  owning  same.  The  expense 
of  maintaining  and  protecting  such  joint  dam  or  works  shall  be  di- 
vided among  mine  owners  using  the  same  in  such  proportions  as  the 
commission  shall  detemiine.  In  all  cases  where  it  is  practicable,  re- 
straining and  impounding  works  are  to  be  provided,  constructed,  and 
maintained  by  mine  owners  near  or  below  the  mine  or  mines  before 
reaching  the  main  tributaries  of  said  navigable  waters. 

Sec.  17.  That  at  no  time  shall  any  more  debris  be  permitted  to  be 
washed  away  from  any  hydrauHc  mine  or  mines  situated  on  the  tribu-  " 
taries  of  said,  rivers  and  the  respective  branches  of  each,  worked  under 
the  provisions  of  this  act,  than  can  be  impounded  within  the  restrain- 
ing works  erected. 

Sec.  18.  That  the  said  commission  may  at  any  time,  when  the  con- 
dition of  the  navigable  rivers  or  when  the  capacities  of  all  the  impound- 
ing and  settling  facilities  erected  by  the  mine  owners  or  such  as  may 
be  provided  by  government  authority  require  same,  modify  the  order 
granting  the  privilege  to  mine  by  the  hydrauHc  mining  process  so  as  to 
reduce  amount  thereof  to  meet  the  capacities  of  the  facilities  then  in 
use,  or  actually  required  in  order  to  protect  the  navigable  rivers  from 
damage,  may  revoke  same  until  the  further  notice  of  the  commission. 

Sec.  19.  That  an  intentional  violation  on  the  part  of  a  mine  owner 
or  owners,  company,  or  corporation,  or  the  agents  or  employees  of 
either,  of  the  conditions  of  the  order  granted  pursuant  to  section  13, 
or  such  modifications  thereof  as  may  have  been  made  by  said 
commission,  shall  work  a  forfeiture  of  the  privileges  thereby  conferred, 
and  upon  notice  being  served  by  the  order  of  said  commission  upon 
such  owner  or  owners,  company,  or  corporation,  or  agent  in  charge, 

56974°— Bull.  94,  pt  2—15  8 


938  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


work  shall  immediately  cease.  Said  commission  shall  take  necessary 
steps  to  enforce  its  orders  in  case  of  the  failure,  neglect,  or  refusal  of 
such  owner  or  owners,  company,  or  corporation,  or  agent  thereof,  to 
comply  therewith,  or  in  the  event  of  any  person  or  persons,  company, 
or  corporation  working  by  said  process  in  said  territory  contrary 
to  law. 

Sec.  20.  That  said  commission,  or  a  committee  therefrom,  or 
officer  of  said  corps  assigned  to  duty  under  its  orders,  shall,  whenever 
deemed  necessary,  visit  said  territory  and  all  mines  operating  under 
the  provisions  of  this  act.  A  report  of  such  examination  shall  be 
placed  on  file. 

Sec.  21.  That  the  said  commission  is  hereby  granted  the  right  to 
use  any  of  the  pubHc  lands  of  the  United  States,  or  any  rock,  stone, 
timber,  trees,  brush,  or  material  thereon  or  therein,  for  any  of  the 
purposes  of  this  act ;  and  the  Secretary  of  the  Interior  is  hereby  author- 
ized and  requested,  after  notice  has  been  filed  with  the  Commissioner 
of  the  General  Land  Office  by  said  commission,  setting  forth  what 
pubUc  lands  are  required  by  it  under  the  authority  of  this  section,  that 
such  land  or  lands  shall  be  withdrawn  from  sale  and  entry  under  the 
laws  of  the  United  States. 

Sec.  22.  That  any  person  or  persons  who  willfully  or  maliciously 
injure,  damage,  or  destroy,  or  attempt  to  injure,  damage,  or  destroy 
any  dam  or  other  work  erected  under  the  provisions  of  this  act  for 
restraining,  impounding,  or  setthng  purposes,  or  for  use  in  connection 
therewith,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  to  exceed  the  sum  of  $5,000  or  be  impris- 
oned not  to  exceed  five  years,  or  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court.  And  any  person  or  persons,  company, 
or  corporation,  their  agents  or  employees,  who  shall  mine  by  the 
hydraufic  process  directly  or  indirectly  injuring  the  navigable  waters 
of  the  United  States,  in  violation  of  the  provisions  of  this  act  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  exceeding  $5,000,  or  by  imprisonment  not  exceeding 
one  year,  or  by  both  such  fine  and  imprisonment,  in  the  discretion  of 
the  court:  Provided,  That  this  section  shall  take  effect  on  the  1st  day 
of  May,  1893. 

Sec.  23.  That  upon  the  construction  by  the  said  commission  of 
dams  or  other  works  for  the  detention  of  debris  from  hydraulic  mines 
and  the  issuing  of  the  order  provided  for  by  this  act  to  any  individual, 
company,  or  corporation  to  work  any  mine  or  mines  by  hydraufic 
process,  the  individual,  company,  or  corporation  operating  thereunder 
working  any  mine  or  mines  by  hydraulic  process,  the  debris  from  which 
fiows  into  or  is  in  whole  or  in  part  restrained  by  such  dams  or  other 
works  erected  by  said  commission,  shall  pay  a  tax  of  3  per  centum  on 
the  gross  proceeds  of  his,  their,  or  its  mine  so  worked;  which  tax  of 
3  per  centum  shall  be  ascertained  and  paid  in  accordance  with  regula- 
tions to  be  adopted  by  the  Secretary  of  the  Treasury,  and  the  Treas- 
urer of  the  United  States  is  hereby  authorized  to  receive  the  same. 
All  sums  of  money  paid  into  the  Treasury  under  this  section  shaU  be 
set  apart  and  credited  to  a  fund  to  be  known  as  the  '^debris  fund,"  and 
shall  be  expended  by  said  commission  under  the  supervision  of  the 
Chief  of  Engineers  and  direction  of  the  Secretary  of  War,  in  addition 


DEBRIS  DEPOSITS,  PP.  033-945. 


939 


to  the  appropriations  made  by  law  in  the  construction  and  maintenance 
of  such  restraining  works  and  sotthng  reservoirs  as  may  bo  })roper  and 
necessary:  Provided,  that  said  commission  is  hereby  authorized  to 
receive  and  pay  into  the  Treasury  from  the  owner  or  owners  of  mines 
worked  by  the  hydraulic  process,  to  whom  permission  may  have  been 
granted  so  to  work  under  the  provisions  hereof,  such  money  advances 
as  may  be  offered  to  aid  in  the  construction  of  such  im])ounding  dams 
or  other  restraining  works,  or  settling  reservoirs,  or  sites  therefor,  as 
may  be  deemed  necessary  by  said  commission  to  protect  the  navigable 
channels  of  said  river  systems,  on  condition  that  all  moneys  so  ad- 
vanced shall  be  refunded  as  the  said  tax  is  paid  into  the  said  debris 
fund;  And  provided  further,  That  in  no  event  shall  the  Government 
of  the  United  States  be  liable  to  refund  same  except  as  directed  by 
this  section. 

Sec.  24.  That  for  the  purpose  of  securing  harmony  of  action  and 
economy  in  expenditures  in  the  work  to  be  done  by  the  United  States 
and  the  State  of  Cahfornia,  respectively,  the  former  in  its  plans  for 
the  improvement  and  protection  of  the  navigable  streams  and  to 
prevent  the  depositing  of  mining  debris  or  other  minerals  within  the 
same,  and  the  latter  in  its  plans  authorized  by  law  for  the  reclamation, 
drainage,  and  protection  of  its  lands,  or  relating  to  the  working  of 
hydraulic  mines,  the  said  commission  is  empowered  to  consult 
thereon  with  a  commission  of  engineers  of  said  State,  if  authorized 
by  said  Sate  for  said  purpose,  the  result  of  such  conference  to  be  re- 

Eorted  to  the  Chief  of  Engineers  of  the  United  States  Army,  and  if 
y  him  approved  shall  be  followed  by  said  commission. 
Sec.  25.  That  said  commission,  in  order  that  such  material  as  is 
now  or  may  hereafter  be  lodged  in  the  tributaries  of  the  Sacramento 
and  San -Joaquin  River  systems  resulting  from  mining  operations, 
natural  erosion,  or  other  causes  shall  be  prevented  from  injuring  the 
said  navigable  rivers  or  such  of  the  tributaries  of  either  as  may  be  navi- 
gable and  the  land  adjacent  thereto,  is  hereby  directed  and  empowered, 
when  appropriations  are  made  therefor  by  law,  or  sufficient  money  is 
deposited  for  that  purpose  in  said  debris  fund,  to  build  at  such  points 
above  the  head  of  navigation  in  said  rivers  and  on  the  main  tribu- 
taries thereof,  or  branches  of  such  tributaries,  or  at  any  place  adja- 
cent to  the  same,  which  in  the  judgment  of  said  commission,  will  effect 
said  object  (the  same  to  be  of  such  material  as  will  insure  safety  and 
permanency),  such  restraining  or  impounding  dams  and  settling  re- 
servoirs, with  such  canals,  locks,  or  other  works  adapted  and  required 
to  complete  same.  The  recommendations  contained  in  Executive 
Document  No.  267,  Fifty-first  Congress,  second  session,  and  Executive 
Document  No.  98,  Forty -seventh  Congress,  first  session,  as  far  as  they 
refer  to  impounding  dams,  or  other  restraining  works,  are  hereby 
adopted,  and  the  same  are  directed  to  be  made  the  basis  of  operations. 
The  sum  of  $15,000  is  hereby  appropriated,  from  moneys  in  the 
Treasury  not  otherwise  appropriated,  to  be  immediately  available  to 
defray  the  expenses  of  said  commission. 


940  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


A.  MINING  DEBRIS  ACT. 

B.  STATE  COTJIITS,  p.  943. 

A.  MINING  DEBRIS  ACT. 

Purpose  of  act. 

Power  of  Congress  over  mining  operations. 
Jurisdiction  of  commission. 
Duty  of  commission. 
Hydraulic  mining. 

a.  Prohibited  when  injurious  to  streams. 

b.  Permit  from  commission  necessary. 

c.  Conditions  on  which  permits  granted — Proce- 

'  DURE. 

1.  PURPOSE  OF  ACT. 

The  purpose  of  this  statute  is  to  provide  a  means  by  which  hydraulic  mining  can  be 
can-ied  on  in  the  territory  named  without  directly  or  indirectly  injuring  the  naviga- 
bility of  the  river  systems  mentioned. 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  250. 
See  North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664. 

While  it  was  the  purpose  of  this  act  to  prevent  injuries  if  possible  to  the  navigable 
rivers  and  to  lower  landowners,  yet  the  act  was  not  intended  to  exonerate  a  miner  from 
liability,  or  in  any  respect  to  limit  or  restrict  the  powers  of  the  State  courts,  but  pro- 
tected private  property  from  threatened  injury  and  to  redress  inflicted  wrongs  thereto 
caused  by  the  operation  of  a  hydraulic  mine,  though  carried  on  under  a  permit  and  in 
strict  compliance  with  the  plans  and  directions  of  the  commission. 

County  of  Sutter  v.  Nicols,  152  Cal.  688,  p.  696. 

It  is  the  intent  and  meaning  of  tliis  statute  to  prohibit  and  make  unlawful  any  and 
all  hydraulic  mining  in  the  territory  drained  by  the  Sacramento  and  San  Joaquin  River 
systems  which  directly  or  indirectly  injures  the  navigability  of  such  system  and  to 
permit  it  in  all  cases  where  the  work  can  be  done  without  such  injury  to  such  river 
systems  or  other  lands  adjacent  thereto. 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  251. 

This  act  is  intended  to  promote  the  navigability  of  the  rivers  named  by  providing 
for  the  regulation,  restriction,  and  supervision  of  hydraulic  mining  upon  headwaters 
or  other  rivers,  but  it  does  not  purport  to  make  the  miners  the  agents  of  the  United 
States  to  preserve  the  rivers  below  any  other  present  state  or  restore  them  to  a  former 
condition,  but  is  intended  to  so  control  and  restrict  the  operation  of  such  mines  as  to 
prevent  the  further  clogging  of  these  streams  by  mining  debris  and  at  the  same  time  to 
devise  plans  whereby  hydraulic  mining  can  be  carried  on  without  injury  to  other 
persons. 

County  of  Sutter  v.  Nicols,  152  Cal.  688,  p.  695. 

As  to  the  circumstances  and  conditions  leading  to  the  enactment  and  on  the  inter- 
pretation of  tliis  statute,  see : 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  248. 
North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  672. 
Hobbs  V.  Amador,  etc..  Canal  Co.,  66  Cal.  161. 
Salstrom  v.  Orleans  Bar  Gold  Min.  Co.,  153  Cal.  551. 
Good  V.  West  Min.  Co.,  154  Mo.  App.  591;  136  S.  W.  241. 
Nelson  v.  O'Neal,  1  Mont.  284. 

Fitzpatrick  v.  Montgomery,  20  Mont,  181 ;  51  Pac.  416. 
York  v.  Davidson,  39  Oreg.  81 ;  65  Pac.  819. 
Carson  v.  Hayes,  39  Oreg.  97;  65  Pac.  814. 


DEBIUS  DEPOSITS,  PP.  933-945. 


941 


2.  POWER  OF  CONGRESS  OVER  MINING  OPERATIONS. 

Congress  has  the  power  lo  put  a  stop  to  tho  workings  of  all  mines  that  contribute  in 
any  degree  to  obstruct  the  navigable  waters  either  between  the  States  or  connecting 
with  the  ocean  and  to  prescribe  the  conditions  upon  which  any  work  so  contributing 
might  be  prosecuted. 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  252. 
North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  674. 

Congress  intended  to  make  the  provisions  of  this  act  mandatory. 

North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  pp.  672,  677. 

3.  JURISDICTION  OF  COMMISSION. 

The  jurisdiction  of  the  California  Debris  Commission  extends  to  all  hydraulic  mining 
in  the  territory  drained  by  the  Sacramento  and  San  Joaquin  River  systems  in 
California. 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  249. 
North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  674. 

The  jurisdiction  of  the  California  Debris  Commission,  so  far  as  it  affects  hydraulic 
mining,  extends  to  the  territory  drained  by  the  Sacramento  and  San  Joaquin  Rivers, 
and  any  such  mining  directly  or  indirectly  injuring  the  navigability  of  these  river 
systems  is  prohibited  unless  authorized  by  the  commission. 

County  of  Sutter  v.  Nicols,  152  Cal.  688,  p.  692. 

4.  DUTY  OF  COMMISSION. 

It  is  made  the  duty  of  the  commission  to  mature  and  adopt  such  plan  or  plans  as 
will  improve  the  navigability  of  the  rivers  comprising  the  system  named,  with  a 
view  of  making  the  same  effective  as  against  danger  from  debris  resulting  from  mining 
operations. 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  250. 

It  is  made  the  duty  of  the  commission  to  determine  the  utility  and  practicability 
of  storage  sites  in  the  tributaries  of  the  rivers  mentioned  and  other  places  for  the 
storage  of  debris,  or  settling  reservoirs,  and  by  other  methods  to  prevent  deposits  of 
debris  in  such  rivers  resulting  from  mining  operations. 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  250. 
North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  673. 

The  commission  is  authorized  to  adopt  plans  to  prevent  damage  from  debris  result- 
ing from  mining  operations,  with  a  view  of  restoring  the  navigability  of  the  Sacra- 
mento and  San  Joaquin  Rivers  to  the  condition  existing  in  1860. 

County  of  Sutter  v.  Nicols,  152  Cal.  688,  p.  692. 

5.  HYDRAULIC  MINING. 

a.  PROHIBITED  WHEN  INJURIOUS  TO  STREAMS. 

Hydraulic  mining  is  unlawful  and  is  prohibited  when  it  directly  or  indirectly  in- 
jures the  navigability  of  the  river  systems  mentioned  in  this  section. 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  249. 
North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  672. 

The  statute  proceeds  upon  the  theory  that  injury  must  necessarily  result  from 
hydraulic  mining  unless  conducted  in  the  manner  permit^ted  by  the  statute. 
North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  677. 


942 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


The  act  prohibits  all  hydraulic  mining  unless  the  provisions  of  the  act  are  first 
complied  with. 

North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  677. 

Hydraulic  mining  under  this  statute  and  mining  by  the  hydraulic  process  as  pro- 
vided for  in  this  statute  is  intended  to  have  the  meaning  and  application  given  to 
these  terms  in  the  State  of  California, 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  249. 

The  plain  meaning  of  sections  4  and  5  is  that  mine  owners  within  the  territory 
drained  by  the  rivers  mentioned  shall  not  work  their  mines  by  the  hydraulic  proc- 
ess unless  they  file  with  the  commission  a  certain  described  petition. 

-United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  252. 
North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  673. 

Neither  Congress  nor  the  Legislature  of  California  has  authorized  the  use  of  the 
na\igable  rivers  in  the  State  of  California  for  the  flow  and  deposit  of  mining  debris 
to  the  extent  that  such  rivers  are  thereby  obstructed,  navigation  impeded  or  pre- 
vented, and  the  lands  adjacent  covered  and  injured  by  such  mining  debris. 

Woodruff  V.  North  Bloomfield  Gravel  Min.  Co.,  18  Fed.  753,  p.  770. 

No  statute  of  the  State  of  California  in  express  terms  authorizes  the  miners  to  fill 
up  the  channels  of  the  waters  of  the  State  with  mining  debris  to  such  an  extent  as  to 
injure  na\igation,  or  to  bury  and  destroy  the  lands  of  riparian  proprietors;  and  such 
right  can  not  be  inferred  from  legislation  recognizing  and  encouraging  mining  as  in 
itself  a  lawful  pursuit. 

Woodruff  V.  North  Bloomfield  Gravel  Min.  Co.,  18  Fed.  753,  p.  774. 

The  prohibitory  effect  of  sections  4  and  5  is  confirmed  by  the  provisions  of  section 
17. 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  252. 

b.  PERMIT    FROM    COMMISSION  NECESSARY. 

Under  this  statute  mine  owners  engaged  in  hydraulic  mining  in  the  district  named 
have  no  right  to  use  the  streams  Avithout  the  permission  of  the  commissioners. 

North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  677. 

No  permit  can  be  issued  until  the  provisions  of  the  act  have  been  complied  with, 
and  hydraulic  mining  is  prohibited  unless  and  until  such  permit  is  issued. 

North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  673. 

This  section  means  that  the  things  prescribed  shall  be  done  before  any  permit  is 
issued. 

North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  673. 

Sections  9  and  10  prescribe  methods  by  which  the  owners  of  mineral  lands  may- 
operate  the  same  by  hydraulic  mining  and  provide  the  manner  and  method  by  which 
the  debris  resulting  from  the  working  of  such  land  shall  be  restrained  and  what  amount 
shall  be  produced  therefrom. 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  250. 

C.  CONDITIONS    ON    WHICH    PERMITS    GRANTED — PROCEDURE. 

The  commission  may  grant  permission  to  owners  of  mineral  lands  to  carry  on  min- 
ing operations  subject  to  the  conditions  of  the  statute  and  the  rules  and  regulations 
of  the  commission. 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  251. 
North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  673. 


DEBRIS  DEPOSITS,  PP.  933-945. 


943 


Persons  desiring  to  operate  by  hydraulic  process  must  present  their  verified  petition 
as  required  by  tliis  section  and  must  ollierwise  comply  with  the  statute,  and  must 
construct  tlie  prescribed  works  under  the  supervision  of  the  commission  before 
permission  is  granted  to  operate  their  mine  by  the  hydraulic  method. 

County  of  Sutter  v.  Nicols,  152  Cal.  688,  p.  692. 

Mine  owners  shall  not  begin  operations  under  permission  of  the  commission  until 
impounding  dams,  restraining  works,  or  settling  reservoirs  are  in  such  condition  as  the 
commission  may  deem  safe. 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  251. 
North  Bloomfield  Gravel  Mn.  Co.  v.  United  States,  88  Fed.  664,  p.  673. 

The  provisions  directing  notice  to  be  given  and  authorizing  a  hearing  were  intended 
to  conclude  and  estop  the  lower  landowners  with  respect  to  subsequent  injuries  that 
might  be  inflicted,  but  were. only  designed  to  enable  the  commission  to  obtain  all  aid 
which  it  could  derive  from  the  suggestions  of  all  persons  whose  property  was  believed 
to  be  in  danger,  in  order  that  the  commission  could  better  advise  as  to  the  means  and 
plans  necessary  to  prevent  such  injury. 

County  of  Sutter  v.  Nicols,  152  Cal.  688,  p.  696. 

No  more  mining  debris  shall  be  permitted  to  be  washed  from  any  hydraulic  mine 
than  can  be  cared  for  within  the  restraining  works  erected. 
United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  p.  251. 

b.  state  courts. 

1.  Jurisdiction    to    prevent    injury    from  hydraulic 

MINING. 

2.  Injuries  from  hydraulic  mining — Injunction. 

1.  jurisdiction  to  prevent   injury  from  hydraulic  mining. 

The  State  courts  have  jurisdiction  and  power  to  prevent  actual  or  threatened  injury 
caused  by  hydraulic  mine  operations,  though  such  operations  are  carried  on  strictly 
in  accordance  with  the  permission  given  by  the  debris  commission. 

County  of  Sutter  v.  Nicols,  152  Cal.  688,  p.  691. 

The  mining  debris  commission  authorized  by  this  act  is  not  a  judicial  tribunal  and 
its  findings  and  the  permission  granted  by  it  to  operate  a  hydraulic  mine  are  not 
conclusive  upon  the  State  courts,  and  a  person  whose  property  is  in  fact  injured  may 
have  relief  in  the  State  courts,  though  the  mining  is  carried  on  pursuant  to  permis- 
sion granted  by  the  commission  and  in  strict  compliance  with  its  directions  and 
supervision. 

County  of  Sutter  v.  Nicols,  152  Cal.  688,  p.  693. 

2.  INJURIES  FROM  HYDRAULIC  MINING  INJUNCTION. 

A  mining  company  may  be  enjoined  from  working  a  placer  mine  by  the  use  of 
hydraulic  pressure  thereby  washing  out  the  gravel,  sand,  and  debris,  and  causing  the 
same  to  accumulate  in  a  natural  watercourse  to  the  extent  that  such  watercourse  is 
obstructed  and  such  gravel,  sand,  and  debris  are  thereby  deposited  upon  the  lands  of 
the  riparian  owners  to  their  permanent  injury. 

Woodruff  V.  North  Bloomfield  Gravel  Min.  Co.,  18  Fed.  753. 

Hardt  v.  Liberty  Hill  Consol.,  Min.,  etc.,  Co.,  27  Fed.  788. 

United  Sates  v.  North  Bloomfield  Gravel  Min.  Co.,  53  Fed.  625. 

See  United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243,  pp.  248,  252. 

North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  pp.  671,  676. 

McCann  v.  Wallace,  117  Fed.  936. 

People  V.  Gold  Run,  etc.,  mn.  Co.,  66  Cal.  138. 


944 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


The  fact  that  parties  violating  the  provisions  of  this  act  subject  themselves  to  penal- 
ties does  not  prevent  the  issuance  of  an  injunction. 

North  Blojmfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  677. 

A  mining  corporation  enjoined  from  operating  its  mine  by  the  hydraulic  process 
because  of  obstruction  to  navigation  and  injury  to  adjoining  proprietors  will  not  on 
mere  intimation  be  enjoined  a  second  time  wliere,  on  permission  from  the  court,  it  has 
erected  proper  impounding  reservoirs  by  means  of  which  it  impounded  upon  its  own 
land  and  within  its  own  mines  all  material  likely  to  obstruct  navigation  or  injure 
adjoining  landowners. 

United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  53  Fed.  625,  p.  629. 
North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  p.  671. 
See  Woodruff  v.  North  Bloomfield  Gravel  Min.  Co.,  45  Fed.  129. 

34  STAT.  1001,  FEBRUARY  27,  1907. 

California  Debris  Commission — Amendment. 

AN  ACT  To  amend  section  13  of  an  act  of  March  1,  1893,  entitled  "An  act  to  create 
the  California  Debris  Commission,  etc." 

Be  it  enacted,  etc..  That  section  13  of  an  act  of  March  1,  1893, 
entitled  ''An  act  to  create  the  California  Debris  Commission  and 
regulate  mining  in  the  State  of  California,"  is  hereby  amended  so  as 
to  read  as  follows: 

''Sec.  13.  That  in  case  a  majority  of  the  members  of  said  commis- 
sion, within  30  days  after  the  time  so  fixed,  concur  in  the  decision 
in  favor  of  the  petitioner  or  petitioners,  the  said  commission  shall 
thereupon  make  an  order  directing  the  methods  and  specifying  in 
detail  the  manner  in  which  operations  shall  proceed  in  such  mine  or 
mines;  what  restraining  or  impounding  works,  if  any,  if  facihties 
therefor  can  be  found,  shall  be  built  and  maintained;  how  and  of 
what  material;  where  to  be  located;  and  in  general  set  forth  such 
further  requirements  and  safeguards  as  will  protect  the  pubhc  interests 
and  prevent  injury  to  the  said  navigable  rivers  and  the  lands  adjacent 
thereto,  with  such  further  conditions  and  limitations  as  will  observe 
all  the  provisions  of  this  act  in  relation  to  the  working  thereof  and 
the  payment  of  taxes  on  the  gross  proceeds  of  the  same:  Provided, 
That  aU  expense  incurred  in  complying  with  said  order  shall  be  borne 
by  the  owner  or  owners  of  such  mine  or  mines :  And  provided  further, 
That  where  it  shall  appear  to  said  commission  that  hydrauhc  mining 
may  be  carried  on  without  injury  to  the  navigation  of  said  navigable 
rivers  and  the  lands  adjacent  thereto,  an  order  may  be  made  author- 
izing such  mining  to  be  carried  on  without  requiring  the  construction 
of  any  restraining  or  impounding  works  or  any  settling  reservoirs: 
And  provided  also.  That  where  such  an  order  is  made  a  license  to 
mine,  no  taxes  provided  for  herein  on  the  gross  proceeds  of  such 
mining  operations  shaU  be  collected." 

30  STAT.  1121,  p.  1152,  MARCH  3,  1899. 

DEPOSITING  REFUSE  IN  NAVIGABLE  WATERS. 

AN  ACT  Making  appropriations  for  the  construction,  repair,  and  preservation  of 
certain  public  works  on  rivers  and  harbors,  etc. 

Be  it  enacted,  etc..  That  the  following  sums  of  money  be,  and  are 
hereby,  appropriated,  to  be  paid  out  oi  any  money  in  the  Treasury 


DEBRIS  DEPOSITS,  PP.  933-945. 


945 


not  otherwise  appropriated,  to  be  immediately  available,  and  to  bo 
expended  under  the  direction  of  the  Secretary  of  War  and  the  super- 
vision of  the  Chief  of  Engineers,  for  the  construction,  completion, 
repair,  and  preservation  of  the  pubUc  works  hereinafter  named: 
******* 

Sec.  13.  That  it  shall  not  be  lawful  to  throw,  discharge,  or  deposit, 
or  cause,  suffer,  or  procure  to  be  thrown,  discharged,  or  deposited 
either  from  or  out  of  any  ship,  barge,  or  other  floating  craft  of  any 
kind,  or  from  the  shore,  whari,  manufacturing  establishment,  or  mill 
of  any  kind,  any  refuse  matter  of  any  kind  or  description  whatever 
other  than  that  flowing  from  streets  and  sewers  and  passing  there- 
from in  a  Uquid  state,  into  any  navigable  water  of  the  United  States, 
or  into  any  tributary  of  any  navigable  water  from  which  the  same 
shall  float  or  be  washed  into  such  navigable  water;  and  it  shall  not 
be  lawful  to  deposit,  or  cause,  suffer,  or  procure  to  be  deposited 
material  of  any  kind  in  any  place  on  the  bank  of  any  navigable 
water,  or  on  the  bank  of  any  tributary  of  any  navigable  water,  where 
the  same  shall  be  hable  to  be  washed  into  such  navigable  water, 
either  by  ordinary  or  high  tides,  or  by  storms  or  floods,  or  otherwise, 
whereby  navigation  shall  or  may  be  impeded  or  obstructed :  Provided, 
That  nothing  herein  contained  shall  extend  to,  apply  to,  or  prohibit 
the  operations  in  connection  with  the  improvement  of  navigable 
waters  or  construction  of  public  works,  considered  necessary  and 
proper  by  the  United  States  officers  supervising  such  improvement 
or  pubhc  work:  And  provided  further,  That  the  Secretary  of  War, 
whenever  in  the  judgment  of  the  Chief  of  Engineers  anchorage  and 
navigation  will  not  be  injured  thereby,  may  permit  the  deposit  of 
any  material  above  mentioned  in  navigable  waters,  within  limits  to 
be  defined  and  under  conditions  to  be  prescribed  by  him,  provided 
appUcation  is  made  to  him  prior  to  depositing  such  material;  and 
whenever  any  permit  is  so  granted  the  conditions  thereof  shall  be 
strictly  comphed  with,  and  any  violation  thereof  shall  be  unlawful. 


DESERT  LANDS. 


19  STAT.  377,  Chap.  107,  MARCH  3,  1877. 

WATER  RIGHTS. 

AN  ACT  To  provide  for  the  sale  of  desert  lands  in  certain  States  and  Territories. 

Be  it  enacted,  etc.,  That  it  shall  be  lawful  for  any  citizen  of  the 
United  States,  or  any  person  of  requisite  age  ''who  may  be  entitled  to 
become  a  citizen,  and  who  has  filed  his  declaration  to  become  such'* 
and  upon  payment  of  25  cents  per  acre,  to  file  a  declaration  under 
oath  with  the  register  and  the  receiver  of  the  land  district  in  which 
any  desert  land  is  situated,  that  he  intends  to  reclaim  a  tract  of  desert 
land  not  exceedmg  1  section,  by  conducting  water  upon  same,  within 
the  period  of  three  years  thereafter:  Provided, however.  That  the  right 
to  the  use  of  water  by  the  person  so  conducting  the  same,  on  or  to  any 
tract  of  desert  land  of  640  acres  shall  depend  upon  bona  fide  prior 
appropriation;  and  such  right  shall  not  exceed  the  amount  of  water 
actually  appropriated,  and  necessarily  used  for  the  purpose  of  irriga- 
tion and  reclamation;  and  all  surplus  water  over  and  above  such 
actual  appropriation  and  use,  together  with  the  water  of  all  lakes, 
rivers,  and  other  sources  of  water  supply  upon  the  public  lands  and  not 
navigable,  shall  remain  and  be  held  tree  for  the  appropriation  and  use 
of  the  public  for  irrigation,  mining,  and  manufacturing  purposes  sub- 
ject to  existing  rights.  Said  declaration  shall  describe  particularly 
said  section  of  land  if  surveyed,  and,  if  unsurveyed,  shall  describe  the 
same  as  nearly  as  possible  without  a  survey.  At  any  time  within  the 
period  of  three  years  after  filing  said  declaration,  upon  making  satis- 
factory proof  to  the  register  and  receiver  of  the  reclamation  of  said 
tract  of  land  in  the  manner  aforesaid,  and  upon  the  payment  to  the 
receiver  of  the  additional  sum  of  $1  per  acre  for  a  tract  of  land  not 
exceeding  640  acres  to  any  one  person,  a  patent  for  the  same  shall  be 
issued  to  him.  Provided,  That  no  person  shall  be  permitted  to  enter 
more  than  one  tract  of  land  and  not  to  exceed  640  acres  which  shall 
be  in  compact  form. 

Sec.  2.  That  all  lands  exclusive  of  timber  lands  and  mineral  lands 
which  will  not,  without  irrigation,  produce  some  agricultural  crop, 
shall  be  deemed  desert  lands,  within  the  meaning  of  this  act,  which 
fact  shall  be  ascertained  by  proof  of  two  or  more  credible  witnesses 
under  oath,  whose  affidavits  shall  be  filed  in  the  land  office  in  wnich 
said  tract  of  land  may  be  situated. 

Sec.  3.  That  this  act  shall  only  apply  to  and  take  effect  in  the 
States  of  California,  Oregon,  and  Nevada,  and  the  Territories  of  Wash- 
ington, Idaho,  Montana,  Utah,  Wyoming,  Arizona,  New  Mexico,  and 
Dakota,  and  the  determination  of  what  may  be  considered  desert  land 
shall  be  subject  to  the  decision  and  regulation  of  the  Commissioner  of 
the  General  Land  Office. 


946 


DESERT  LANDS,  PP.  946-0r)1 . 


947 


A.  SURFACE  WATER— APPROPRIATION  FOR  MINING,  ETC. 

See  sec.  2339,  p.  609. 

This  act  by  declaring  that  surface  water  on  the  public  domain  shall  remain  and  be 
held  free  for  the  appropriation  and  use  of  the  public  for  mining  and  other  purposes 
subject  to  existing  rights  does  not  limit  the  right  of  appropriation  by  the  owners  of  land 
upon  which  a  beneficial  use  of  the  water  is  to  be  made,  nor  prevent  a  local  legislature 
from  empowering  a  water  company  to  become  an  intermediary  for  furnishing  water  for 
such  purposes  to  the  lands  of  third  persons  not  bordering  upon  the  stream. 

Gutierres  v.  Albuquerque  Land,  etc.,  Co.,  188  U.  S.  545,  p.  555. 

The  water  which  may  be  appropriated  under  this  statute  is  limited  to  the  "surplus  " 
water  of  a  stream  over  and  above  any  water  already  appropriated  and  which  shall 
remain  and  be  held  free  for  the  appropriation  and  use  of  the  public  for  irrigation,  min- 
ing, and  manufacturing  purposes  subject  to  existing  rights. 

Gutierres  v.  Albuquerque  Land,  etc.,  Co.,  188  U.  S.  545,  pp.  553,  555. 

26  STAT.  1095,  p.  109G,  MARCH  3,  1891. 

Amendment. 

AN  ACT  To  repeal  timber-culture  laws,  and  for  other  purposes. 
Be  it  enacted,  etc.,    *    *  *^ 

Sec.  2.  That  an  act  to  provide  for  the  sale  of  desert  lands  in  cer- 
tain States  and  Territories,  approved  March  3,  1877  (19  Stat.  377, 
chap.  107),  is  hereby  amended  by  adding  thereto  the  following  sections : 

Sec.  4.  That  at  the  time  of  filing  the  declaration  hereinbefore 
required  the  party  shall  also  file  a  map  of  said  land,  which  shall  exhibit 
a  plan  showing  the  mode  of  contemplated  irrigation,  and  which  plan 
shall  be  sufficient  to  thoroughly  irrigate  and  reclaim  said  land,  and 
prepare  it  to  raise  ordinary  agricultural  crops,  and  shall  also  show  the 
source  of  the  water  to  be  used  for  irrigation  and  reclamation.  Per- 
sons entering  or  proposing  to  enter  separate  sections,  or  fractional 
parts  of  sections,  of  desert  lands  may  associate  together  in  the  con- 
struction of  canals  and  ditches  for  irrigating  and  reclaiming  all  of  said 
tracts,  and  may  file  a  joint  map  or  maps  showing  their  plan  of  internal 
improvements. 

Sec.  5.  That  no  land  shall  be  patented  to  any  person  under  this 
act  unless  he  or  his  assignors  shall  have  expended  in  the  necessary 
irrigation,  reclamation,  and  cultivation  thereof,  by  means  of  main 
canals  and  branch  ditches,  and  in  permanent  improvements  upon  the 
land,  and  in  the  purchase  of  water  rights  for  the  irrigation  of  the  same, 
at  least  $3  per  acre  of  whole  tract  reclaimed  and  patented  in  the  man- 
ner following:  Within  one  year  after  making  entry  for  such  tract  of 
desert  land  as  aforesaid  the  party  so  entering  shall  expend  not  less 
than  $1  per  acre  for  the  piu-pose,  aforesaid;  and  he  shall  in  like 
manner  expend  the  sum  of  $1  per  acre  during  the  second  and  also  dur- 
ing the  third  year  thereafter,  until  the  full  sum  of  $3  per  acre  is  so 
expended.  Said  party  shall  file  during  each  year  with  the  register 
proof,  by  the  affidavits  of  two  or  more  credible  witnesses,  that  the  full 
sum  of  $1  per  acre  has  been  expended  in  such  necessary  improvements 
during  such  year,  and  the  manner  in  which  expended,  and  at  the  expir- 
tion  of  the  third  year  a  map  or  plan  showing  the  character  and  extent 
of  such  improvements.  If  any  party  who  has  made  such  application 
shall  fail  during  any  year  to  file  the  testimony  aforesaid  the  lands  shall 


948  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


revert  to  the  United  States,  and  the  25  cents  advanced  payment  shall 
be  forfeited  to  the  United  States,  and  the  entry  shall  be  canceled. 
Nothing  herein  contained  shall  prevent  a  claimant  from  making  his 
final  entry  and  receiving  his  patent  at  an  earlier  date  than  hereinbefore 
prescribed,  provided  that  he  then  makes  the  required  proof  of  reclama- 
tion to  the  aggregate  extent  of  $3  per  acre:  Provided,  That  proof  be 
further  required  of  the  cultivation  of  one-eighth  of  the  land. 

Sec.  6.  That  this  act  shall  not  affect  any  valid  rights  heretofore 
accrued  under  said  act  of  March  3,  1877  (19  Stat.  377),  but  all  bona 
fide  claims  heretofore  lawfully  initiated  may  be  perfected,  upon  due 
compliance  with  the  provisions  of  said  act,  in  the  same  manner,  upon 
the  same  terms  and  conditions,  and  subject  to  the  same  limitations, 
forfeitures,  and  contests  as  if  this  act  had  not  been  passed ;  or  said 
claims,  at  the  option  of  the  claimant,  may  be  perfected  and  pat- 
ented under  the  provisions  of  said  act,  as  amended  by  this  act,  so 
far  as  applicable;  and  all  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 

Sec.  7.  That  at  any  time  after  filing  the  declaration,  and  within 
the  period  of  four  years  thereafter,  upon  making  satisfactory  proof 
to  the  register  and  the  receiver  of  the  reclamation  and  cultivation 
of  said  land  to  the  extent  and  cost  and  in  the  manner  aforesaid,  and 
substantially  in  accordance  with  the  plans  herein  provided  for,  and 
that  he  or  she  is  a  citizen  of  the  United  States,  and  upon  payment 
to  the  receiver  of  the  additional  sum  of  $1  per  acre  for  said  land,  a 
patent  shall  issue  therefor  to  the  applicant  or  his  assigns;  but  no 
person  or  association  of  persons  shall  hold  by  assignment  or  other- 
wise prior  to  the  issue  of  patent,  more  than  320  acres  of  such  arid  or 
desert  lands  but  this  section  shall  not  apply  to  entries  made  or  ini- 
tiated prior  to  the  approval  of  this  act.  Provided,  however.  That 
additional  proofs  may  be  required  at  any  time  within  the  period 
prescribed  by  law,  and  that  the  claims  or  entries  made  under  this 
or  any  preceding  act  shall  be  subject  to  contest,  as  provided  by  the 
law,  relating  to  homestead  cases,  for  illegal  inception,  abandon- 
ment, or  failure  to  comply  with  the  requirements  of  law,  and  upon 
satisfactory  proof  thereof  shall  be  canceled,  and  the  lands,  and 
moneys  paid  therefor,  shall  be  forfeited  to  the  United  States. 

Sec.  8.  That  the  provisions  of  the  act  to  which  this  is  an  amend- 
ment, and  the  amendments  thereto,  shall  apply  to  and  be  in  force 
in  the  State  of  Colorado,  as  well  as  the  States  named  in  the  original 
act;  and  no  person  shall  be  entitled  to  make  entry  of  desert  land 
except  he  be  a  resident  citizen  of  the  State  or  Territory  in  which  the 
land  sought  to  be  entered  is  located. 

28  STAT.  372,  p.  422,  AUGUST  18,  1894. 

CAREY  ACT. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for  the 
fiscal  year  ending  June  30,  1895. 

Be  it  enacted,  etc.  That  the  following  sums  be,  and  the  same  are 
hereby,  appropriated,  for  the  objects  hereinafter  expressed,  for  the 
fiscal  year  ending  June  30,  1895,  namely: 

^'1*  l|»  5jc  ^  *}*  ^ 

J  Sec.  4.  That  to  aid  the  public-land  States  in  the  reclamation  of  the 
esert  lands  therein,  and  the  settlement,  cultivation,  and  sale  thereof 


DESERT  LANDS,  PP.  946-951. 


949 


ill  sniall  tracts  to  actual  settlers,  the  wSecretary  of  the  Interior,  with 
the  ai)i)roval  of  the  President,  be,  and  hereby  is,  authorized  and 
empowered,  upon  proper  ajndication  of  the  State  to  contract  and 
agree,  from  time  to  time,  witli  each  of  the  States  in  which  there  may 
be  situated  desert  lands  as  defined  by  the  act  entitled  *^An  act  to 
provide  for  the  sale  of  desert  land  in  certain  States  and  Territories," 
approved  March  3,  1877  (19  Stat.  377),  and  the  act  amendatory 
thereof,  approved  March  3,  1891  (26  Stat.  1095),  binding  the  United 
States  to  donate,  grant,  and  patent  to  the  State  free  of  cost  for  sur- 
vey or  price  such  desert  lands,  not  exceeding  1 ,000,000  acres  in  each 
State,  as  the  State  may  cause  to  be  irrigated,  reclaimed,  occupied 
and  not  less  than  20  acres  of  each  1 60  acre  tract  cultivated  by  actual 
settlers,  witliin  10  years  next  after  the  passage  of  this  act,  as  thor- 
oughly as  is  required  of  citizens  who  may  enter  under  the  said  desert 
land  law. 

Before  the  application  of  any  vState  is  allowed  or  any  contract  or 
agreement  is  executed  or  any  segregation  of  any  of  the  land  from 
the  public  domain  is  ordered  by  the  Secretary  of  the  Interior,  the 
State  shall  file  a  map  of  the  said  land  proposed  to  be  irrigated  which 
shall  exhibit  a  plan  showing  the  mode  of  the  contemplated  irrigation 
and  which  plan  shall  be  sufficient  to  thoroughly  irrigate  and  reclaim 
said  land  and  prepare  it  to  raise  ordinary  agricultural  crops  and 
shall  also  show  the  source  of  the  water  to  be  used  for  irrigation  and 
reclamation,  and  the  Secretary  of  the  Interior  may  make  necessary 
regulations  for  the  reservation  of  the  lands  applied  for  by  the  States 
to  date  from  the  date  of  the  filing  of  the  map  and  plan  of  irrigation, 
but  such  reservation  shall  be  of  no  force  whatever  if  such  map  and 
plan  of  irrigation  shall  not  be  approved.  That  any  State  contract- 
ing under  this  section  is  hereby  authorized  to  make  all  necessary 
contracts  to  cause  the  said  lands  to  be  reclaimed,  and  to  induce 
their  settlement  and  cultivation  in  accordance  with  and  subject  to  the 
provisions  of  this  section;  but  the  State  shall  not  be  authorized  to 
lease  any  of  said  lands  or  to  use  or  dispose  of  the  same  in  any  way 
whatever,  except  to  secure  their  reclamation,  cultivation  and  set- 
tlement. 

As  fast  as  any  State  may  furnish  satisfactory  proof  according  to 
such  rules  and  regulations  as  may  be  prescribed  by  the  Secretary 
of  the  Interior,  that  any  of  said  lands  are  irrigated,  reclaimed  and 
occupied  by  actual  settlers,  patents  shall  be  issued  to  the  State  or 
its  assigns  for  said  lands  so  reclaimed  and  settled:  Provided,  That 
said  States  shall  not  sell  or  dispose  of  more  than  160  acres  of  said 
lands  to  any  one  person,  and  any  surplus  of  money  derived  by  any 
State  from  the  sale  of  said  lands  in  excess  of  the  cost  of  their  rec- 
lamation, shall  be  held  as  a  trust  fund  for  and  be  apphed  to  the 
reclamation  of  other  desert  lands  in  such  State.  That  to  enable  the 
Secretary  of  the  Interior  to  examine  any  of  the  lands  that  may  be 
selected  under  the  provisions  of  this  section,  there  is  hereby  appro- 
priated out  of  any  moneys  in  the  Treasury  not  otherwise  appro- 
priated, $1,000. 


950  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

A.  DESERT  LAND  ACT. 

1.  Coal  lands  not  subject  to  patent. 

2.  ^ilneral  character  of  land  determination. 

3.  State  lands  must  be  nonmineral. 

A.  DESERT  LAND  ACT. 

1.  COAL  LANDS  NOT  SUBJECT  TO  PATENT. 

Where  lands  in  the  segregation  list  provided  for  in  this  act  are  classified  as  coal  the 
department  has  no  authority  to  patent  the  same  to  the  State  where  there  has  been  no 
approval  of  the  patent  list  except  under  the  provisions  of  the  act  of  March  3,  1909  (35 
Stat.  844). 

Wyoming,  In  re,  38  L.  D.  508,  p.  512. 

See  Martin  v.  Gilbert,  38  L.  D.  536,  p.  537. 

The  Land  Department  has  no  authority  to  approve  or  patent  to  the  State  any  known 
valuable  deposits  of  coal  or  other  minerals,  and  where  lands  sought  by  the  State  are 
actually  coal  lands,  in  the  absence  of  the  remedial  legislation  contained  in  the  act  of 
March  3,  1909  (35  Stat.  844),  the  listed  tracts  must  be  canceled,  but  that  act  saves  to  the 
claimant  under  the  nonmineral  laws  who  has  initiated  his  claim  in  good  faith  the  right 
to  obtain  patent  to  the  surface,  though  it  be  shown  that  the  land  contains  valuable 
deposits  of  coal. 

Wyoming,  In  re,  38  L.  D.  508,  p.  512. 

See  Martin  v.  Gilbert,  38  L.  D.  536,  p.  537. 

2.   MINERAL  CHARACTER  OF  LAND — DETERMINATION. 

The  character  of  the  lands  for  which  patent  is  sought,  whether  mineral  or  otherwise, 
is  an  open  question  subject  to  investigation  and  adjudication  up  to  the  time  of  final 
departmental  approval  of  the  patent  list  which  then  becomes  the  basis  of  the  issuance 
of  a  patent  to  the  State. 

Wyoming,  In  re,  38  L.  D.  508,  p.  512. 

3.   STATE  LANDS  MUST  BE  NONMINERAL. 

This  act  contemplates  that  the  lands  which  are  subject  to  listing  for  patent  and  for 
which  patent  is  to  issue  to  the  State  must  be  nonmineral  in  character  and  the  acquire- 
ment of  minerals  by  the  State  is  expressly  inhibited. 

Wyoming,  In  re,  38  L.  D.  508,  p.  510. 

29  STAT.  413,  p.  434,  JUNE  11,  1896. 

LIEN  OF  STATE  FOR  COST  OF  RECLAMATION. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for  the 
fiscal  year  ending  June  30,  1897,  and  for  other  purposes. 

Be  it  enacted,  etc.,  That  the  following  sums  be,  and  the  same  are 
hereby,  appropriated,  for  the  objects  hereinafter  expressed,  for  the 
fiscal  year  ending  June  30,  1897: 

5|»  ^  5jC  jjC  5jC 

That  under  any  law  heretofore  or  hereafter  enacted  by  any  State, 
providing  for  the  reclamation  of  arid  lands,  in  pursuance  and  accept- 
ance of  the  terms  of  the  grant  made  in  section  4  of  an  act  entitled 


DESERT  LANDS,  PP.  946-951. 


951 


"An  act  making  api)ropriations  for  the  siuulry  civil  expenses  of  the 
Government  for  the  fiscal  year  ending  June  30,  1895,"  approved  Au- 
gust 18,  1894  (28  Stat.  422),  a  lien  or  liens  is  hereby  authorized  to  be 
created  by  the  State  to  which  such  lands  are  granted  and  by  no  other 
authority  whatever,  and  when  created  shall  be  valid  on  and  against 
the  separate  legal  subdivisions  of  land  reclaimed,  for  the  actual  cost 
and  necessary  expenses  of  reclamation  and  reasonable  interest  thereon 
from  the  date  of  reclamation  until  disposed  of  to  actual  settlers ;  and 
when  an  ample  supply  of  water  is  actually  furnished  in  a  substantial 
ditch  or  canal,  or  by  artesian  wells  or  reservoirs,  to  reclaim  a  particular 
tract  or  tracts  of  such  lands,  then  patents  shall  issue  for  the  same  to 
such  State  without  regard  to  settlement  or  cultivation:  Provided, 
That  in  no  event,  in  no  contingency,  and  under  no  circumstances  shall 
the  United  States  be  in  any  manner  directly  or  indirectly  liable  for 
any  amount  of  any  such  lien  or  liablility,  in  whole  or  in  part. 

A.  MINERAL  LANDS  NOT  SUBJECT  TO  LIEN  FOR  RECLAMATION 

EXPENSES. 

Mineral  lands  not  being  within  the  purview  of  the  grant  provided  in  this  act,  the 
State  can  create  no  lien  against  the  same. 
Wyoming,  In  re,  38  L.  D.  508,  p.  512. 


INDIAN  LANDS. 


I.  MINERALS— RESERVATIONS— ALLOTMENTS— CLASSIFICA- 

TIONS. ETC. 

II.  COAL,  OIL,  AND  ASPHALTUM  LANDS— LEASES,  page  989. 

1.  MINERALS— RESERVATIONS— ALLOTMENTS— CLASSIFI- 
CATIONS, ETC. 

13  STAT.  673,  OCTOBER  7,  1863. 

TREATY— MINING  RIGHTS  RESERVED. 
Treaty  between  United  States  and  the  Tabeguache  Band  of  Utah  Indians,  etc. 

Whereas  a  treaty  was  made  and  concluded  at  the  Tabeguache 
Agency  at  Conejos,  Colorado  Territory,  October  7,  1863,  etc. 
******* 

Art.  3.  *  *  *  The  right  of  any  citizen  of  the  United  States  to 
mine  without  interference  or  molestation  in  any  part  of  the  country 
hereby  retained  by  said  Indians,  where  gold  or  other  metals  or  min- 
erals may  be  found,  is  herebjr  also  conferred  and  guaranteed.  And 
for  all  other  purposes,  excepting  as  herein  stipulated,  settlement  by 
other  persons  than  Indians  is  hereby  prohibited. 

13  STAT.  681,  OCTOBER  12,  1863. 

TREATY— MINING  RIGHTS  RESERVED. 
Treaty  between  United  States  and  the  Shoshonee-Goship  Bands  of  Indians. 

Whereas  a  treaty  was  made  and  concluded  at  TuiUa  Valley,  in 
the  Territory  of  Utah,  on  October  12,  1863,  etc.    *    *  * 

Art.  4.  It  is  further  agreed  by  the  parties  hereto  that  the  country 
of  the  Goship  tribe  may  be  explored  and  prospected  for  gold  and 
silver,  or  other  minerals  and  metals;  and  when  mines  are  discov- 
ered they  may  be  worked,  and  mining  and  agricultural  settlements 
formed,  and  ranchos  established  wherever  they  may  be  required. 
Mills  may  be  erected  and  timber  taken  for  their  use,  as  also  for  build- 
ing and  other  purposes,  in  any  part  of  said  country. 

14  STAT.  799,  JULY  19,  1866. 

TREATY. 

Treaty  between  the  United  States  of  America  and  the  Cherokee  Nation  of  Indians; 

concluded  July  19,  1866. 

Whereas  a  treaty  was  made  and  concluded  at  the  city  of  Wash- 
ington, in  the  District  of  Columbia,  on  the  19th  day  of  July,  in  the 
year  of  our  Lord  1866,  by  and  between  Dennis  N.  Cooley  and  Elijah 
952 


INDIAN  T,ANnS,  TP.  !)r)2-10:n. 


953 


Sells,  Commissioners,  on  tJie  ])ai  (.  of  tlie  United  States,  and  (eertain 
persons  named)  delegates  of  the  Cherokee  Nation,  aj)pointe(l  l)y 
resolution  of  tlie  national  council,  on  the  part  of  said  Cherokee  Na- 
tion.   *    *  * 

Art.  17.  *  *  *  And  the  Secretary  of  tlie  Interior  shall  from 
time  to  time,  as  such  surveys  and  a]:)praisements  are  approved  by 
him,  after  due  advertisements  for  sealed  bids,  sell  such  lands  to  the 
highest  bidders  for  cash  in  parcels  not  exceeding  160  acres,  and  at 
not  less  than  the  appraised  value:  Provided,  Tliat  whenever  there 
are  improvements  of  the  value  of  $50  made  on  the  lands  not  being 
mineral,  and  owned  and  personally  occupied  by  any  person  for  agri- 
cultural purposes  at  the  date  of  the  signing  thereof,  such  person  so 
owning,  and  in  person  residing  on  such  improvements,  shall,  after 
due  proof,  made  under  such  regulations  as  the  Secretary  of  the 
Interior  may  prescribe,  be  entitled  to  buy,  at  the  appraised  value, 
the  smallest  quantity  of  land  in  legal  subdivisions  which  will  include 
his  improvements,  not  exceeding  in  the  aggregate  160  acres;  the 
expenses  of  survey  and  appraisement  to  be  paid  by  the  Secretary 
out  of  the  proceeds  of  sale  of  said  land: 

Hi  *****  * 

Art.  26.  The  United  States  guarantee  to  the  people  of  the  Cher- 
okee Nation  the  quiet  and  peaceable  possession  of  tlieir  country  and 
protection  against  domestic  feuds  and  insurrections  and  against  hos- 
tilities of  otlier  tribes.  They  shall  also  be  protected  against  inter- 
ruptions or  intrusion  from  all  unauthorized  citizens  of  the  United 
States  who  may  attempt  to  settle  on  their  lands  or  reside  in  thek 
territory.  In  case  of  hostilities  among  the  Indian  tribes,  the  United 
States  agree  that  the  party  or  parties  commencing  the  same  shall, 
so  far  as  practicable,  make  reparation  for  the  damages  done. 

A.  INDIANS— CHEROKEE  S. 

1.   RIGHT  TO   BUY  COMPLETE  TRANSFER. 

See  22  Stat.,  349. 

Where  the  right  of  the  actual  owner  and  occupier  at  the  date  of  the  ratification  of 
the  treaty  to  buy  the  land  is  complete  he  may  transfer  to  another  such  right  and 
neither  the  right  to  buy  nor  the  power  to  assign  this  right  is  limited  or  affected  by 
reason  of  a  coal  deposit  underlying  a  portion  of  the  land  where  the  land  was  used  for 
agricultural  purposes  and  was  not  known  or  recognized  as  mineral  land  as  the  term 
mineral  land  was  used  in  the  treaty  with  reference  to  other  lands  containing  lead  and 
zinc  and  perhaps  other  mineral  deposits  which  were  known  to  exist. 

Stroud  V.  Missouri  River,  etc.,  K.  Co.,  23  Fed.  Cas.  257,  p.  260. 

15  STAT.  619,  MARCH  2,  1868. 

TREATY. 

Treaty  between  the  United  States  of  America  and  the  Tabeguache,  Muache,  Capote, 
Weeminuche,  Yampa,  Grand  River,  and  Uintah  Bands  of  Ute  Indians;  concluded 
March  2,  1868. 

Whereas  a  treaty  was  made  and  concluded  at  the  city  of  Wash- 
ington, in  the  District  of  Columbia,  on  the  2d  day  of  March,  in  the 
year  of  our  Lord  1868,  by  and  between  (certain  persons  for  the 
United  States  and  certain  Indians  here  named)    *    *  * 

56974°— Bull.  94,  pt  2— 15  9 


954  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Art.  2.  The  United  States  agree  that  the  following  district  of 
country,  to  wit,  (here  described)  and  the  United  States  now  sol- 
emnly agree  that  no  persons,  except  those  herein  authorized  so  to 
do,  and  except  such  officers,  agents,  and  employees  of  the  Govern- 
ment as  may  be  authorized  to  enter  upon  Indian  reservations  in 
discharge  of  duties  enjoined  by  law  shall  ever  be  permitted  to  pass 
over,  settle  upon,  or  reside  in  the  territory  described  in  this  ai'ticle 
except  as  herein  otherwise  provided. 

A.  INDIAN  LANDS. 

1.  Effect  to  exclude  mining  prospectors. 

2.  Mining  locations  after  withdrawal — ^Priority. 

1.  effect  to  exclude  mining  prospectors. 

The  effect  of  this  treaty  was  to  exclude  all  intrusion  for  mining  or  other  pursuits 
upon  the  territory  reserved  and  it  prohibited  any  entry  for  mining  purposes  upon  the 
premises  and  not  until  the  withdrawal  of  the  land  from  this  reservation  by  a  new 
convention  with  the  Indians,  and  one  which  would  throw  the  lands  open,  could  a 
mining  location  thereon  be  initiated  and  a  location  made  while  the  treaty  was  in  force 
was  inoperative  to  confer  any  rights  upon  the  locator. 

Kendall  v.  San  Juan  Min.  Co.,  144  U.  S.  658,  p.  663. 
Jones  V.  Wild  Goose  Min.,  etc.,  Co.,  177  Fed.  95,  p.  98. 

On  the  withdrawal  of  this  reservation  by  force  of  the  act  of  April  29, 1874  (18  Stat.  36), 
the  discovery  of  minerals  by  the  locator  of  a  mining  claim  must  within  three  months 
thereafter  under  the  statute  of  Colorado,  February  13,  1874,  record  a  certificate  of 
his  location  as  required  by  the  Colorado  statute  in  order  to  protect  and  preserve  his 
rights  in  the  claim,  and  a  wrongful  entry  of  the  locator  upon  the  premises  during  the 
existence  of  the  Indian  reservation  is  not  effective  as  against  a  claimant  who  entered 
upon  the  premises  immediately  after  withdrawal  of  the  reservation  and  made  a 
proper  location  certificate  and  caused  the  same  to  be  recorded  in  compliance  with 
the  Colorado  statute. 

Kendall  v.  San  Juan  Min.  Co.,  144  U.  S.  658,  p.  665. 

2.  MINING  LOCATIONS  AFTER  WITHDRAWAL— PRIORITY. 

The  location  of  a  mining  claim  on  an  Indian  reservation  must  date  from  the  time  of 
the  withdrawal  of  the  reservation,  and  a  claim  located  after  the  date  of  such  with- 
drawal will  be  prior  and  superior  to  a  claim  located  previous  to  such  time  and  not 
relocated  until  after  such  second  location. 

Kendall  v.  San  Juan  Min.  Co.,  144  U.  S.  658,  p.  663. 
See  Jones  v.  Wild  Goose  Min.,  etc.,  Co.,  177  Fed.  95. 

A  mining  location  made  while  this  treaty  was  in  force  was  inoperative  to  confer  any 
rights  upon  a  locator;  and  a  new  location  of  the  same  claim  made  more  than  two  years 
after  the  withdrawal  of  the  reservation  by  the  act  of  April  29,  1874  (18  Stat.  36),  must 
yield  to  a  prior  withdrawal  of  such  reservation. 

Kendall  v.  San  Juan  Min.  Co.,  144  U.  S.  658,  p.  663. 
See  Noonan  v.  Caledonia  Min.  Co.,  121  U.  S.  393. 

15  STAT.  635,  APRIL  29,  1868. 

BLACK  HILLS— SIOUX  TREATY. 

Treaty  between  the  United  States  of  America  and  different  tribes  of  Sioux  Indians; 

concluded  April  29,  1868. 

Whereas  a  treaty  was  made  and  concluded  at  Fort  Laramie  in 
the  Territory  of  Dakota  (now  in  the  Territory  of  Wyoming),  on 


INDIAN  LANDS,  PP.  952-1037. 


955 


April  29,  and  afterwards,  in  1868,  by  and  botwoon  (certain  named 
persons)  commissioners,  on  the  part  of  the  United  States,  and 
(certain  named  Indians)  and  other  chiefs  and  hejuhnen  of  diircr(Hit 
tribes  of  Sioux  Indians,  on  the  part  of  said  Indians  and  duly  author- 
ized thereto  by  them,  which  treaty  is  in  the  words  and  figures  follow- 
ing, to  wit: 

Art.  2.  The  United  States  agrees  that  the  following  district  of 
country,  to  wit,  viz:  Commencing  on  the  east  bank  of  the  Missouri 
River  where  the  forty-sixth  parallel  of  north  latitude  crosses  the 
same,  thence  along  low-water  mark  down  said  east  bank  to  a  point 
opposite  where  the  northern  line  of  Nebraska  stril^es  the  river,  thence 
west  across  said  river,  and  along  the  northern  line  of  Nebraska  to 
the  one  hundred  and  fourth  degree  of  longitude  west  from  Green- 
wich, thence  north  on  said  meridian  to  a  point  where  the  forty-sixth 
parallel  of  north  latitude  intercepts  the  same,  thence  due  east  along 
said  parallel  to  the  place  of  beginning;  and  in  addition  thereto,  all 
existmg  reservations  on  the  east  bank  of  said  river  shall  be,  and  the 
same  is  set  apart  for  the  absolute  and  undisturbed  use  and  occupa- 
tion of  the  Indians  herein  named,  and  for  such  other  friendly  tribes 
or  individual  Indians  as  from  time  to  time  they  may  be  willing,  with 
the  consent  of  the  United  States,  to  admit  amongst  them;  and  the 
United  States  now  solemnly  agrees  that  no  persons  except  those 
herein  designated  and  authorized  so  to  do,  and  except  such  officers, 
agents,  and  employees  of  the  Government  as  may  be  authorized  to 
enter  upon  Indian  reservations  in  discharge  of  duties  enjoined  bylaw, 
shall  ever  be  permitted  to  pass  over,  settle  upon,  or  reside  in  the  ter- 
ritor}^  described  in  this  article,  or  in  such  territory  as  may  be  added 
to  this  reservation  for  the  use  of  said  Indians,  and  henceforth  they 
will  and  do  hereby  relinquish  all  claims  or  right  in  and  to  any  por- 
tion of  the  United  States  or  Territories,  except  such  as  is  embraced 
within  the  limits  aforesaid,  and  except  as  hereinafter  provided. 

Note. — This  description  includes  the  Black  Hills. 

18  STAT.  36,  APRIL  29,  1874. 

UTE  NATION. 

AN  ACT  To  ratify  an  agreement  with  certain  Ute  Indians  in  Colorado,  and  to  make 
an  appropriation  for  carrying  out  the  same. 

Be  it  enacted,  etc.,  That  a  certain  agreement  made  by  Felix  R. 
Brunot,  commissioner  on  the  part  of  the  United  States,  with  certain 
Ute  Indians  in  Colorado,  be,  and  the  same  is  hereby,  ratified  and 
confirmed.    *    *  * 

Article  1.  The  confederated  band  of  the  Ute  Nation  hereby 
relinquish  to  the  United  States  all  right,  title,  and  claim  and  interest 
in  and  to  the  following-described  portion  of  the  reservation  hereto- 
fore conveyed  to  them  by  the  United  States,  viz:  [Here  describ- 
ing].   *    *  * 

Art.  5.  All  the  provisions  of  the  treaty  of  1868  not  altered  by  this 
agreement  shall  continue  in  force;  and  the  following  words,  from 
article  2  of  said  treaty,  viz:  ''The  United  States  now  solemnly 
agrees  that  no  persons  except  those  herein  authorized  to  do  so,  and 
except  such  officers,  agents,  and  employees  of  the  Government  as 


956 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


may  be  authorized  to  enter  upon  Indian  reservations  in  discharge 
of  duties  enjoined  by  law,  shall  ever  be  permitted  to  pass  over,  settle 
upon,  or  reside  in  the  territory  described  in  this  article,  except  as 
herein  otherwise  provided,"  are  hereby  expressly  reaffirmed,  except 
so  far  as  they  applied  to  the  country  herein  relinquished. 

A.  INDIAN  LANDS— WITHDRAWAL. 

The  effect  of  this  treaty  was  to  withdraw  all  the  land  embraced  within  the  reserva- 
tion from  private  entry  and  did  not  authorize  a  person  to  enter  thereon  and  discover 
and  locate  a  mining  claim,  but  the  Government  was  obliged  to  prevent  its  citizens 
from  entering  upon  this  reservation  for  any  such  purpose. 

Kendall  v.  San  Juan  Silver  Min.  Co.,  9  Colo.  349,  p.  357. 

A  valid  mining  location  can  not  be  made  upon  a  portion  of  the  public  domain  with- 
drawn from  entry  for  all  purposes  under  an  Indian  treaty. 
Kendall  v.  San  Juan  Silver  Min.  Co.,  9  Colo.  349,  p.  355. 

19  STAT.  176,  P.  192.  AUGUST  15.  1876. 

BLACK  HILLS  WITHDRAWAL. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the  Indian 
Department,  and  for  fulfilling  treaty  stipulations  with  various  Indian  tribes,  for 
the  year  ending  June  30,  1877. 

Be  it  enacted,  etc.,  That  the  following  sums  be,  and  they  are 
hereby,  appropriated,  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated,  for  the  purpose  of  paying  the  current  and  contin- 
gent expenses  of  the  Indian  Department,  and  fulfilling  treaty  stipu- 
lations with  the  various  Indian  tribes,  *  *  *  Provided,  That 
none  of  said  sums  appropriated  for  said  Sioux  Indians  shall  be  paid 
to  any  band  thereof  while  said  band  is  engaged  in  hostilities  against 
the  white  people;  and  hereafter  there  shall  be  no  appropriation 
made  for  the  subsistence  of  said  Indians,  unless  they  shall  first  agree 
to  relinquish  all  right  and  claim  to  any  country  outside  the  bound- 
aries of  the  permanent  reservation  established  by  the  treaty  of 
1868  for  said  Indians;  and  also  so  much  of  their  said  permanent 
reservation  as  lies  west  of  the  one  hundred  and  third  meridian  of 
longitude  (Black  Hills),  and  shall  also  grant  right  of  way  over  said 
reservation  to  the  country  thus  ceded  for  wagon  or  other  roads, 
from  convenient  and  accessible  points  on  the  Missouri  River,  in  all 
not  more  than  three  in  number;  and  unless  they  will  receive  all  such 
supplies  herein  provided  for,  and  provided  for  by  said  treaty  of  1868, 
at  such  points  and  places  on  their  said  reservation,  and  in  the  vicinity 
of  the  Missouri  River,  as  the  President  may  designate;  and  the  fur- 
ther sum  of  $20,000  is  hereby  appropriated  to  be  expended  under  the 
direction  of  the  President  of  the  United  States  for  the  purpose  of 
carrying  into  effect  the  foregoing  provision:  And  provided  also,  That 
no  further  appropriation  for  said  Sioux  Indians  for  subsistence  shall 
hereafter  be  made  until  some  stipulation,  agreement,  or  arrangement 
shall  have  been  entered  into  by  said  Indians  with  the  President  of 
the  United  States,  which  is  calculated  and  designed  to  enable  said 
Indians  to  become  self-supporting:    *    *  * 


INDIAN  LANDS,  PP.  952-1037. 


957 


A.  INDIAN  LANDS. 

1.  Withdrawal  of  Black  Hills. 

a.  Protection  to  mineral  claimants. 

b.  Rights  of  mineral  claimants — Compliance  with 

laws. 

1.  withdrawal  of  black  hills. 

a.  PROTECTION  TO  MINERAL  CLAIMANTS. 

After  an  unsuccessful  attempt  to  secure  to  the  citizens  of  the  United  States  the  right 
to  mine  in  the  coimtiy  known  as  the  Black  Hills,  this  act  provided  that  thereafter 
there  should  be  no  appropriation  made  for  the  subsistence  of  the  Sioux  Indians  unless 
they  should  first  agree  to  relinquish  all  right  and  claim  to  all  that  part  of  their  perma- 
nent reservation  lying  west  of  the  one  hundred  and  third  meridian  of  longitude,  and 
under  a  supplemental  agreement  concluded  February  28,  1877  (19  Stat.  254),  these 
Indians  ceded  and  relinquished  that  portion  of  their  reservation  to  the  United  States. 

Noonan  v.  Caledonia  Min.  Co.,  121  U.  S.  393,  p.  402. 

The  presence  of  miners  on  the  Indian  reservation  known  as  the  Black  Hills  prior 
to  the  adoption  of  this  act  and  prior  to  the  relinquishment  and  cession  of  the  reserva- 
vation  by  the  Indians  to  the  United  States  February  28, 1877  (19  Stat.  254),  was  illegal; 
but  from  that  time  it  was  legal  and  persons  in  possession  of  mining  claims  taken  up 
and  developed  in  accordance  with  the  rules  of  miners  in  mining  districts  were  entitled 
to  protection  of  their  possessory  claims  as  against  intruders. 

Noonan  v.  Caledonia  Min.  Co.,  121  U.  S.  393,  p.  402. 

b.  RIGHTS  OP  MINERAL  CLAIMANTS — COMPLIANCE  WITH  LAWS. 

The  effect  of  the  withdrawal  of  the  Black  Hills  district  from  the  Indian  reservation 
and  the  consequent  end  of  the  prohibition  against  intrusion  thereon  was  to  leave  per- 
sons in  possession  of  mining  claims  exempt  from  liability  to  be  disturbed  from  their 
unlawful  entry  on  the  land,  and  free  to  take  measures  under  the  mining  laws  for  the 
protection  of  their  claims. 

Noonan  v.  Caledonia  Min.  Co.,  121  U.  S.  393,  p.  402. 

A  person  in  possession  of  a  mining  claim,  on  the  withdrawal  of  a  reservation  under 
an  Indian  treaty,  who  has  the  requisite  discovery,  with  surface  boundaries  marked, 
and  notice  of  location  posted,  can,  by  adopting  what  has  been  done  and  causing  a  proper 
record  to  be  made,  and  performing  the  assessment  work,  hold  the  claim  and  date  his 
rights  from  the  day  of  such  withdrawal. 

Noonan  v.  Caledonia  Min.  Co.,  121  U.  S.  393,  p.  403. 
See  Kendall  v.  San  Juan  Min.  Co.,  144  U.  S.  658,  p.  664. 
Jones  V.  Wild  Goose  Min.,  etc.,  Co.,  177  Fed.  95,  p.  98. 

All  persons  who  made  locations  upon  the  Indian  reservation  prior  to  its  cession 
could  give  evidence  of  what  had  been  done  by  them,  and  show  the  locations  of  their 
claims,  the  extent  and  the  amount  of  work  done  in  development,  not  as  creating  an 
absolute  right  to  the  property,  but  as  showing  the  existence  and  condition  of  the  prop- 
erty when  their  possession  became  lawful  under  the  new  treaty  with  the  Indians;  and 
whether  such  persons  should  be  protected  in  the  possession  of  such  claims  depended 
upon  their  future  compliance  with  the  laws,  statutory  and  mining,  governing  the 
possession  and  use  of  mineral  lands  in  Dakota. 

Noonan  v.  Caledonia  Min.  Co.,  121  U.  S.  393,  p.  403. 


958  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


39  STAT.  704,  Chap.  269,  AUGUST  22,  1914  (PUBLIC— NO.  182— 63D  CONGRESS). 

QUINAIELT  RESERVATION— MINERALS  RESERVED  IN  LIGHTHOUSE 

GRANT. 

AN  ACT  To  authorize  the  withdrawal  of  lands  on  the  Quinaielt  Reservation,  in 
the  State  of  Washington,  for  lighthouse  purposes. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and  he 
is  hereby,  authorized  to  set  aside  not  exceeding  206.75  acres  of  land 
at  or  near  Cape  Ehzabeth,  on  the  Quinaielt  Indian  Reservation,  in 
the  State  of  Washington,  for  lighthouse  purposes    *    *  *^ 

Sec.  2.  That  there  is  hereby  reserved  for  the  use  and  benefit  of 
the  Indians  of  the  Quinaielt  Reservation  in  common  aU  oil,  gas,  coal, 
and  other  minerals  in  the  lands  set  aside  hereunder  for  lighthouse 
purposes,  and  the  right  to  prospect  for  and  mine  these  commodities 
under  such  rules  and  regulations  as  may  be  agreed  upon  by  the  Secre- 
tary of  the  Interior  and  the  Secretary  of  Commerce. 

19  STAT.  254,  FEBRUARY  28,  1877. 

SIOUX  NATION— BLACK  HILLS. 

AN  ACT  To  ratify  an  agreement  with  certain  bands  of  the  Sioux  Nation  of  Indians 
and  also  with  the  Northern  Arapaho  and  Cheyenne  Indians. 

Be  it  enacted,  etc..  That  a  certain  agreement  made  by  *  *  * 
commissioners  on  the  part  of  the  United  States,  with  the  different 
bands  of  the  Sioux  Nation  of  Indians,  and  also  the  Northern  Arapaho 
and  Cheyenne  Indians,  be,  and  the  same  is  hereby,  ratified  and  con- 
firmed.   *    *  * 

Article  1.  The  said  parties  hereby  agree  that  the  northern  and 
western  boundaries  of  the  reservation  defined  by  article  2  of  the 
treaty  between  the  United  States  and  different  tribes  of  Sioux 
Indians,  concluded  April  29,  1868,  and  proclaimed  February  24,  1869, 
shall  be  as  follows : 

The  western  boundaries  shall  commence  at  the  intersection  of  the 
one  hundred  and  third  meridian  of  longitude  with  the  northern 
boundary  of  the  State  of  Nebraska;  thence  north  along  said  meridian 
to  its  intersection  with  the  South  Fork  of  the  Cheyenne  River; 
thence  down  said  stream  to  its  junction  with  the  North  Fork;  thence 
up  the  North  Fork  of  said  Cheyenne  River  to  the  said  one  hundred 
and  third  meridian;  thence  north  along  said  meridian  to  the  South 
Branch  of  Cannon  Ball  River  or  Cedar  Creek;  and  the  northern 
boundary  of  their  said  reservation  shall  follow  the  said  South  Branch 
to  its  intersection  with  the  main  Cannon  Ball  River,  and  thence  down 
the  said  main  Cannon  Ball  River  to  the  Missouri  River;  and  the  said 
Indians  do  hereby  relinquish  and  cede  to  the  United  States  all  the 
territory  lying  outside  the  said  reservation,  as  herein  modified  and 
described,  including  all  privileges  of  hunting;  and  article  16  of  said 
treaty  is  hereby  abrogated. 

Note. — The  part  of  the  reservation  relinquished  and  ceded  to  the  United  States 
includes  the  Black  Hills. 


INDIAN  LANDS,  PP.  952-1037. 


959 


21  STAT.  199,  JUNE  15,  1880. 

UTE  TKIBE— COLORADO  LANDS. 

AN  ACT  Ratifying  tho  agreement  with  the  Ute  Indians  in  Colorado  for  the  sale  of 

their  reservation  therein. 

Whereas  certain  of  the  chiefs  and  head  men  of  the  confederated 
bands  of  the  Ute  tribe  of  Indians,  now  present  in  the  city  of  Wash- 
ington, have  agreed  upon  and  submitted  to  the  Secretary  of  the  In- 
terior an  agreement  for  the  sale  to  the  United  States  of  their  present 
reservation  in  the  State  of  Colorado,  their  settlement  upon  lands  in 
severalty,  and  for  other  purposes;  and 

Whereas  the  President  of  the  United  States  has  submitted  said 
agreement,  with  his  approval  of  the  same,  to  the  Congress  of  the 
United  States  for  acceptance  and  ratification,  and  for  the  necessary 
legislation  to  carry  the  same  into  effect:  Therefore 

Be  it  enacted,  etc.    *    *  * 

Sec.  3.  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
authorized  to  cause  to  be  surveyed,  under  the  direction  of  said  com- 
missioners, a  sufficient  quantity  of  land  in  the  vicinities  named  in 
said  agreement,  to  secure  the  settlement  in  severalty  of  said  Indians 
as  therein  provided.  And  upon  the  completion  of  said  survey  and 
enumeration  herein  required,  the  said  commissioners  shall  cause 
allotments  of  lands  to  be  made  to  each  and  all  of  the  said  Indians, 
in  quantity  and  character  as  set  forth  in  the  agreement  above  men- 
tioned, and  whenever  the  report  and  proceedings  of  said  commis- 
sioners, as  required  by  this  act,  are  approved  by  the  President  of  the 
United  States,  he  shall  cause  patents  to  issue  to  each  and  every  al- 
lottee for  the  lands  so  allotted,  with  the  same  conditions,  restrictions, 
and  limitations  mentioned  therein  as  are  provided  in  said  agreement; 
and  all  the  lands  not  so  allotted,  the  title  to  which  is,  by  the  said 
agreement  of  the  confederated  bands  of  the  Ute  Indians,  and  this 
acceptance  by  the  United  States,  released-  and  conveyed  to  the 
United  States,  shall  be  held  and  deemed  to  be  public  lands  of  the 
United  States  and  subject  to  disposal  under  the  laws  providing  for 
the  disposal  of  the  public  lands,  at  the  same  price  and  on  the  same 
terms  as  other  lands  of  like  character,  except  as  provided  in  this  act, 
Provided,  That  none  of  said  lands,  whether  mineral  or  otherwise, 
shall  be  liable  to  entry  and  settlement  under  the  provisions  of  the 
homestead  law;  but  shall  be  subject  to  cash  entry  only  in  accordance 
with  existing  law;  and  when  sold  the  proceeds  of  said  sale  shall  be 
first  sacredly  applied  to  reimbursing  the  United  States  for  all  sums 
paid  out  or  set  apart  under  this  act  by  the  Government  for  the  bene- 
fit of  said  Indians,  and  then  to  be  applied  in  payment  for  the  lands  at 
$1.25  per  acre  which  may  be  ceded  to  them  by  the  United  States 
outside  of  their  reservation,  in  pursuance  of  this  agreement.  And 
the  remainder,  if  any,  shall  be  deposited  in  the  Treasury  as  now  pro- 
vided by  law  for  the  benefit  of  the  said  Indians,  in  the  proportion 
as  hereinbefore  stated,  and  the  interest  thereon  shall  be  distributed 
annually  to  them  in  the  same  manner  as  the  funds  provided  for  in 
this  act:  Provided  further.  That  the  subdivisions  upon  which  are 
located  improvements  to  be  appraised  as  provided  for  in  section  2  of 
this  act,  shall  be  offered  to  the  highest  bidder  at  public  sale,  after 


960 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


published  notice  of  at  least  30  days  by  the  Secretary  of  the  Interior, 
and  the  same  shall  be  absolutely  reserved  from  occupation  or  claim 
imtil  so  sold. 

25  STAT.  35,  FEBRUARY  18,  1888. 

RAILROAD  THROUGH  INDIAN  TERRITORY. 

AN  ACT  To  authorize  the  Choctaw  Coal  &  Railway  Company  to  construct  and  operate 
a  railway  through  the  Indian  Territory. 

Be  it  enacted,  etc.,  That  the  Choctaw  Coal  &  Railway  Co.,  a  cor- 
poration created  under  and  by  virtue  of  the  laws  of  the  State  of 
Minnesota,  be,  and  the  same  is  hereby,  invested  and  empowered  with 
the  right  of  locating,  constructing,  owning,  equipping,  operating, 
using,  and  maintaining  a  railway  and  telegraph  and  telephone  line 
through  the  Indian  Territory,  beginning  at  a  point  on  Red  River 
(the  southern  boundary  line),  at  the  bluff  known  as  Rocky  Cliff  in 
the  Indian  Territory,  and  running  thence  by  the  most  feasible  and 
practical  route  through  the  said  Indian  Territory  to  a  point  on  the 
east  boundary  line,  immediately  contiguous  to  the  west  boundary 
line  of  Polk  or  Sevier  Counties  in  the  State  of  Arkansas;  also,  a 
branch  line  of  railway  to  be  constructed  from  the  most  suitable  point 
on  said  main  line  for  obtaining  a  feasible  and  practicable  route  in  a 
northwesterly  direction  to  the  leased  coal  veins  of  the  said  Choctaw 
Coal  &  Railway  Co.  in  Tobucksey  County,  Choctaw  Nation;  with 
the  right  to  construct,  use,  and  maintain  such  tracks,  turnouts, 
branches,  and  sidings  and  extensions  as  said  company  may  deem  it 
in  their  interest  to  construct  along  and  upon  the  right  of  way  and 
depot  grounds  herein  provided  for.    *    *  * 

25  STAT.  668,  FEBRUARY  13,  1889. 

Amendment. 

AN  ACT  To  amend  an  act  entitled  "An  act  to  authorize  the  Choctaw  Coal  &  Railway 
Company  to  construct  and  operate  a  railway  through  the  Indian  Territory,  and  for 
other  purposes, "  approved  February  18,  1888. 

Be  it  enacted,  etc.,  That  section  1  of  the  act  entitled  ^^An  act  to 
authorize  the  Choctaw  Coal  &  Railway  Co.  to  construct  a  railway 
through  the  Indian  Territory,  and  for  other  purposes,'^  approved 
February  18,  1888,  be,  and  hereby  is,  amended  to  read  as  follows: 

Section  1.  That  the  Choctaw  Coal  &  Railway  Co.,  a  corporation 
created  under  and  by  virtue  of  the  laws  of  the  State  of  Minnesota, 
be,  and  the  same  is  hereby,  invested  and  empowered  with  the  right 
of  locating,  constructing,  owning,  equipping,  operating,  using,  and 
maintaining  a  railway  and  telegraph  and  telephone  line  through  the 
Indian  Territory,  beginning  at  a  point  on  Red  River  (the  southern 
boundary  line),  at  the  bluff  known  as  Rocky  Cliff  in  the  Indian 
Territory,  and  running  thence  by  the  most  feasible  and  practicable 
route  through  the  said  Indian  Territory  to  a  point  on  the  east  bound- 
ary line,  immediately  contiguous  to  the  west  boundary  line  of  the 
State  of  Arkansas;  also,  a  branch  line  of  railway  to  be  constructed 
from  the  most  suitable  point  on  said  main  line  for  obtaining  a  feasible 
and  practicable  route  in  a  westerly  or  northwesterly  direction  to  the 
leased  coal  veins  of  said  Choctaw  Coal  &  Railway  Co.,  in  Tobucksey 


INDIAN  LANDS,  PP.  952-103^. 


961 


County,  Choctaw  Nation,  and  thence  by  the  most  feasil)le  and  practi- 
cable route  to  an  intersection  with  the  Atchison,  T()])oka  &  Santa  Fe 
Railway  at  the  most  convenient  pohit  between  Halifax  station  and 
Ear  Creek,  otherwise  known  as  the  North  Fork  of  the  Canadian 
River;  with  the  right  to  construct,  use,  and  maintain  such  tracks, 
turnouts,  branches,  and  sidings  and  extensions  as  said  company  may 
deem  it  hi  their  interest  to  construct  along  and  upon  the  right  of  way 
and  depot  groimds  herein  provided  for. " 

25  STAT.  113,  p.  133,  MAY  1,  1888. 

MONTANA  INDIANS. 
AN  ACT  Ratifying  an  agreement  with  five  Indian  tribes  in  Montana. 

Sec.  3.  That  lands  to  which  the  right  of  the  Indians  is  extinguished 
under  the  foregoing  agreement  are  a  part  of  the  public  domain  of 
the  United  States  and  are  open  to  the  operation  of  the  laws  regulat- 
ing homestead  entry,  except  section  2301  of  the  Revised  Statutes, 
and  to  entry  under  the  town-site  laws  and  the  laws  governing  the 
disposal  of  coal  lands,  desert  lands,  and  mineral  lands;  bpt  are  not 
open  to  entry  under  any  other  laws  regulating  the  sale  or  disposal 
of  the  public  domain. 

A.  INDIAN  LANDS. 

1.  Mode  of  disposal. 

2.  Railroad — Indemnity  selections. 

3.  Location — Soldiers'  additional  rights. 

1.  mode  of  disposal. 

The  modes  of  disposal  specifically  indicated  are  exclusive  of  any  other  manner  of 
disposal  and  while  the  appropriation  made  by  this  act  does  not  place  the  lands  beyond 
the  power  of  Congress  so  long  as  the  laws  remain  unaltered,  yet  it  controls  the  action 
of  the  Secretary  of  the  Interior,  under  whose  direction  the  selections  must  be  made. 

Bradley  v.  Northern  Pac.  R.  Co.,  36  L.  D.  7,  p.  8. 
See  Bradley  v.  Northern  Pac.  R.  Co.,  37  L.  D.  410. 

Congress  specifically  provides  by  this  act  under  what  law  the  lands  should  be  dis- 
posed of  and  prohibits  their  disposal  under  any  other,  and  these  modes  are  necessarily 
exclusive  of  any  other  mode  of  appropriation,  and  the  subsequent  act  of  1897  does 
not  take  away  this  inhibition  or  operate  upon  lands  for  the  disposition  of  which  specific 
provision  had  been  made. 

Bradley  v.  Northern  Pac.  R.  Co.,  36  L.  D.  7,  p.  8. 
White,  In  re,  30  L.  D.  536. 

See  Bradley  v.  Northern  Pac.  R.  Co.,  37  L.  D.  410. 

2.  RAILROAD  INDEMNITY  SELECTIONS. 

The  railroad  company  is  not  entitled  under  section  3  of  this  act  to  select,  as  indem- 
nity lands,  lands  which  are  open  to  entry  under  the  town-site  laws  and  the  laws  gov- 
erning the  disposal  of  coal  or  mineral  lands. 

Bradley  v.  Northern  Pac.  R.  Co.,  36  L.  D.  7. 
Bradley  v.  Northern  Pac.  R.  Co.,  37  L.  D.  410. 


962 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


This  act  did  not  operate  to  reserve  the  lands  restored  by  it  to  the  public  domain 
from  selection  by  the  railroad  company. 

Northern  Pac.  R.  Co.,  In  re,  37  L.  D.  408,  p.  409. 
See  Bradley  v.  Northern  Pac.  R.  Co.,  36  L.  D.  7. 

3.  LOCATION  soldiers'  ADDITIONAL  RIGHTS. 

Lands  in  the  former  Indian  reservations  mentioned  in  this  act  are  subject  to  appro- 
priation under  2306  R.  S.  by  location  of  soldiers'  additional  right. 

Gunn,  In  re,  39  L.  D.  561. 

See  Collins,  In  re,  39  L.  D.  603. 

36  STAT.  1080.  MARCH  3,  1911. 

MONTANA  INDIANS— AMENDMENT. 

AN  ACT  To  amend  section  3  of  the  act  of  Congress  of  May  1,  1888,  and  extend  the 
provisions  of  section  2301  R.  S.  of  the  United  States  to  certain  lands  in  the  State 
of  Montana  embraced  within  the  provisions  of  said  act,  etc. 

Be  it  enacted,  etc.,  That  section  3  of  the  act  of  May  1,  1888  (25 
Stat.  113),  ratifying  and  confirming  an  agreement  with  the  various 
tribes  or  bands  of  Indians  residing  upon  the  Gros  Ventre,  Piegan, 
Blood,  Blackfoot,  and  River  Crow  Reservations,  in  Montana  Terri- 
tory, be,  and  the  same  is  hereby,  amended  so  as  to  read  as  follows: 

'^Sec.  3.  That  lands  to  which  the  right  of  the  Indians  is  extin- 
guished under  the  foregoing  agreement  are  a  part  of  the  public  do- 
main of  the  United  States  and  are  open  to  the  operation  of  laws  regu- 
lating the  entry,  sale,  or  disposal  of  the  same:  Provided,  That  no 
patent  shall  be  denied  to  entries  heretofore  made  in  good  faith  under 
any  of  the  laws  regulating  entry,  sale,  or  disposal  of  public  lands,  if 
said  entries  are  in  other  respects  regular  and  the  laws  relating  thereto 
have  been  complied  with." 

A.  AMENDMENT— EFFECT  ON  SOLDIERS'  ADDITIONAL  RIGHTS. 

This  amendment  of  section  3  of  the  act  of  May  1,  1888  (25  Stat.  133),  removes  any 
possible  objection  made  under  the  former  act  to  the  location  of  soldiers'  additional 
rights  as  such  upon  lands  within  such  former  Indian  reservation,  and  any  withdrawal 
or  reservation  made  since  extinguishment  of  the  title  of  the  Indians  remains  undis- 
turbed by  this  act. 

Gunn,  In  re,  39  L.  D.  561,  p.  564. 

25  STAT.  157,  MAY  24,  1888. 

LANDS  RESTORED  TO  PUBLIC  DOMAIN— UINTAH  VALLEY. 

AN  ACT  To  restore  to  the  public  domain  a  part  of  the  Uintah  Valley  Indian  Reser- 
vation, in  the  Territory  of  Utah,  and  for  other  purposes. 

Beit  enacted,  etc.,  That  so  much  of  the  Uintah  Valley  Indian  Reser- 
vation, in  the  Territory  of  Utah,  established  by  proclamation  of  the 
President,  of  date  of  October  3,  1861,  as  lies  within  the  following 
boundary,  namely:  Beginning  at  milepost  No.  19,  Du  Bois's  survey, 
from  the  initial  point,  established  in  township  8  south,  range  20  east, 
Salt  Lake  meridian;  thence  southerly  to  the  northeast  corner  of 
township  2  south,  range  1  east,  Uintah  special  meridian;  thence 
south  along  the  east  boundary  of  township  2  south,  range  1  east, 


INDIAN  LANDS,  PP.  952-1037. 


963 


Uintah  special  ineridiaii,  to  the  southeast  corner  of  township  2  south, 
range  1  east,  Uintah  special  meridian;  thence  east  along  the  north 
boundary  of  township  'A  south,  range  2  east,  Uintah  special  meridian, 
to  its  hitersection  with  tlu^  east  boundary  of  the  Uintah  Indian  Reser- 
vation, thence  in  a  nortliwest  direction  with  the  eastern  boundary  line 
of  said  reservation  to  the  beginning,  be,  and  the  same  is  hereby, 
declared  to  be  public  lands  of  the  United  States  and  restored  to  the 
public  domain. 

Sec.  2.  That  said  lands  shall  be  disposed  of  at  public  or  private 
sale,  in  the  discretion  of  the  Secretary  of  the  Interior,  and  upon  his 
order  in  quantities  not  exceeding  one-quarter  of  a  section  to  any  one 
purchaser,  the  nonmineral  lands  for  not  less  than  $1.25  per  acre,  and 
not  otherwise  than  for  cash:  Provided,  That  any  location,  entry,  or 
entries,  mineral  or  nonmineral,  heretofore  made  or  attempted  to  be 
made  on  said  lands,  or  any  part  thereof,  by  any  qualified  person,  shall 
bear  date  and  be  allowed  the  same  as  if  said  lands  had  been  public 
lands  at  the  time  of  said  attempted  location  or  institution  of  said  pro- 
ceedings, but  said  mineral  entries  shaU  not  be  completed  except  upon 
the  payment  of  $20  an  acre,  or  at  that  rate  for  the  amount  taken  up 
by  the  claim:  And  provided  further,  That  all  moneys  arismg  from 
the  sales  of  this  land  shall  belong  to  said  Indians  and  be  paid  into  the 
Treasury  of  the  United  States  and  held  or  added  to  any  trust  funds  of 
said  tribes  now  there. 

25  STAT.  980,  p.  1002,  MARCH  2,  1889. 

CCEUR  D'ALENE  TRIBE— MINERALS. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the 
Indian  Department  for  the  year  ending  June  30,  1890. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  4.  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
authorized  and  directed  to  negotiate  with  the  Coeu^  d'Alene  Tribe 
of  Indians  for  the  purchase  and  release  by  the  said  tribe  of  such  por- 
tions of  its  reservation,  not  agricultural  and  valuable  chiefly  for  min- 
erals and  timber,  as  such  tribe  shaU  consent  to  seU,  on  such  terms  and 
conditions  as  shaU  be  considered  just  and  equitable  between  the 
United  States  and  said  tribe  of  Indians,  which  purchase  shaU  not  be 
complete  until  ratified  by  Congress;  and  for  the  purpose  of  such  nego- 
tiation, the  sum  of  $2,000,  or  so  much  thereof  as  may  be  necessary, 
is  hereby  appropriated  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated;  the  action  of  the  Secretary  of  the  Interior  here- 
under to  be  reported  to  Congress  at  the  earliest  practicable  time. 

5jC  5}C  ^  5|j  5^  ^ 

Sec.  13.  That  the  lands  acquired  by  the  United  States  under  said 
agreement  shall  be  a  part  of  the  public  domain,  to  be  disposed  of  only 
as  herein  provided,  and  sections  16  and  36  of  each  township,  whether 
surveyed  or  unsurveyed,  are  hereby  reserved  for  the  use  and  benefit 
of  the  public  schools,  to  be  established  within  the  limits  of  said  lands 
under  such  conditions  and  regulations  as  may  be  hereafter  enacted 
by  Congress. 

That  the  lands  acquired  by  conveyance  from  the  Seminole  Indians 
hereunder,  except  the  sixteenth  and  thirty-sixth  sections  shall  be 
disposed  of  to  actual  settlers  under  the  homestead  laws  only,  except 


964  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


as  herein  otherwise  provided  (except  that  section  2301,  E,.  S.,  shall  not 
apply):  And  provided  further,  That  any  person  who,  having  at- 
tempted to,  but  for  any  cause,  failed  to  secure  a  title  in  fee  to  a  home- 
stead under  existing  law,  or  who  made  entry  under  what  is  known  as 
the  commuted  provision  of  the  homestead  law,  shaU  be  qualified  to 
make  a  homestead  entry  upon  said  lands.    *    *  * 

A.  INDIAN  LANDS. 

1.  RELEASE  BY  CCEUR  d'aLENE  TRIBE. 

Section  13  of  this  act  is  not  in  conflict  with  the  provisions  of  the  act  of  March  3,  1893 
(27  Stat.  612,  p.  642),  and  is  extended  by  the  latter  act,  and  provides  that  the  lands 
therein  mentioned  shall  be  a  part  of  the  public  domain,  to  be  disposed  of  only  as  herein 
provided,  and  no  provision  has  been  made  in  any  other  acts  referred  to  in  the  act  of 
March  3,  1893,  for  the  disposition  of  such  lands  under  the  mining  law. 

Shirley,  In  re,  35  L.  D.  113,  p.  114. 

25  STAT.  1013,  p.  1015,  MARCH  2,  1889. 

PEORIAS  AND  MIAMIES. 

AN  ACT  To  provide  for  allotment  of  land  to  United  (Peorias  and  Miamies  in  Indian 

Territory. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  2.  That  in  making  allotments  under  this  act  no  more  in  the 
aggregate  than  17,083  acres  of  said  reservation  shaU  be  allotted  to 
the  Miami  Indians,  nor  more  than  33,218  acres  in  the  aggregate  to  the 
United  Peoria  Indians;  and  said  amounts  shall  be  treated  in  making 
said  allotments  in  all  respects  as  the  extent  of  the  reservation  of  each 
of  said  tribes,  respectively.  If,  in  making  said  allotments,  any  dif- 
ference shall  arise  between  said  tribes,  all  such  matters  of  difference 
shall  be  determined  by  the  Secretary  of  the  Interior. 

After  the  allotments  herein  provided  for  shall  have  been  completed, 
the  residue  of  the  lands,  if  any,  not  allotted,  shall  be  held  in  common 
under  present  title  by  said  United  Peorias  and  Miamies  in  the  pro- 
portion that  the  residue,  if  any,  of  each  of  said  allotments  shall  bear 
to  the  other.  And  said  United  Peorias  and  Miamies  shall  have  power, 
subject  to  the  approval  of  the  Secretary  of  the  Interior,  to  lease  for 
grazing,  agricultural,  or  mining  purposes  from  time  to  time  and  for 
any  period  not  exceeding  10  years  at  any  one  time,  all  of  said  residue, 
or  any  part  thereof,  the  proceeds  or  rental  to  be  divided  between 
said  tribes  in  proportion  to  their  respective  interests  in  said  residue. 
And  after  said  allotments  are  completed  each  allottee  may  lease  or 
rent  his  or  her  individual  allotment  for  any  period  not  exceeding 
three  years,  the  father  acting  for  his  minor  children,  and  in  case  of 
no  father  then  the  mother,  the  chief  acting  for  orphans  of  the  tribe  to 
which  said  orphans  may  belong. 

26  STAT.  81,  p.  95,  1  SUPP.  R.  S.  720,  p.  734,  MAY  2.  1890. 

OKLAHOMA  GOVERNMENT. 

AN  ACT  To  provide  a  temporary  government  for  the  Territory  of  Oklahoma,  to 
enlarge  the  jurisdiction  of  the  United  States  court  in  the  Indian  Territory. 

-X-  *****  * 

Sec.  31.  *  *  *  That  no  attachment  shall  issue  against  im- 
provements on  real  estate  while  the  title  to  the  land  is  vested  in  any 


INDIAN  LANDS,  PP.  a52-103'7. 


965 


Indian  nation,  except  where  sucli  iinprovemeiits  have  been  made  ])y 
persons,  companies,  or  corporations  operating  coal  or  other  mines, 
railroads,  or  other  inchistries  imder  lease  or  permission  of  law  of  an 
Indian  national  council,  or  charter,  or  law  of  the  United  vStates. 

A.  INDIAN  LANDS. 

1.  ATTACHMENT  OF  IMPROVEMENTS  PROHIBITED. 

The  proliibition  contained  in  tliis  act  against  attacliing  iniprovementa  on  Indian 
lands  except  such  as  are  stated  therein  places  such  improvements  beyond  the  reach 
of  judicial  process  except  such  process  as  is  issued  on  judgments  obtained  in  the 
Indian  courts. 

Daugherty  v.  Bogy,  104  Fed.  938,  p.  943. 

26  STAT.  712,  JANUARY  12,  1891. 

MINERAL  LANDS  EXCEPTED. 
AN  ACT  For  the  relief  of  the  Mission  Indians  in  the  State  of  California. 

Be  it  enacted,  etc.,  That  immediately  after  the  passage  of  this 
act  the  Secretary  of  the  Interior  shall  appoint  three  disinterested 
persons  as  commissioners  to  arrange  a  just  and  satisfactory  settle- 
ment of  the  Mission  Indians  residing  in  the  State  of  California,  upon 
reserT'ations  which  shaU  be  secured  to  them  as  hereinafter  provided. 

Sec.  2.  That  it  shall  be  the  duty  of  said  commissioners  to  select 
a  reservation  for  each  band  or  village  of  the  Mission  Indians  residing 
within  said  State,  which  reservation  shall  include,  as  far  as  prac- 
ticable, the  lands  and  villages  which  have  been  in  the  actual  occu- 
pation and  possession  of  said  Indians,  and  which  shall  be  sufficient 
in  extent  to  meet  their  just  requirements,  which  selection  shall 
be  valid  when  approved  by  the  President  and  Secretary  of  the 
Interior.    *    *  * 

Sec  3.  That  the  commissioners,  upon  the  completion  of  their 
duties,  shall  report  the  result  to  the  Secretary  of  the  Interior,  who, 
if  no  valid  objection  exists,  shall  cause  a  patent  to  issue  for  each  of 
the  reservations  selected  by  the  commission  and  approved  by  him 
in  favor  of  each  band  or  village  of  Indians  occupying  any  such 
reservation,  which  patents  shall  be  of  the  legal  effect,  and  declare 
that  the  United  States  does  and  will  hold  the  land  thus  patented, 
subject  to  the  provisions  of  section  4  of  this  act,  for  the  period  of 
25  years,  in  trust,  for  the  sole  use  and  benfit  of  the  band  or  village, 
to  which  it  is  issued,  and  that  at  the  expiration  of  said  period  the 
United  States  will  convey  the  same  or  the  remaining  portion  not 
previously  patented  in  severalty  by  patent  to  said  band  or  village 
discharged  of  said  trust,  and  free  of  all  charge  or  incumbrance 
whatsoever:  Provided,  That  no  patent  shall  embrace  any  tract  or 
tracts  to  which  existing  valid  rights  have  attached  in  favor  of  any 
person  under  any  of  the  United  States  laws  providing  for  the  dispo- 
sition of  the  public  domain,  unless  such  person  shall  acquiesce  in 
and  accept  the  appraisal  provided  for  in  the  preceding  section  in  all 
respects  and  shall  thereafter,  upon  demand  and  payment  of  said 
appraised  value,  execute  a  release  of  all  title  and  claim  thereto; 
and  a  separate  patent,  in  similar  form,  may  be  issued  for  any  such 
tract  or  tracts,  at  any  time  thereafter.    Any  such  person  shall  be 


966  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


permitted  to  exercise  the  same  right  to  take  land  under  the  public- 
land  laws  of  the  United  States  as  though  he  had  not  made  settlement 
on  the  lands  embraced  in  said  reservation;  and  a  separate  patent,  in 
similar  form,  may  be  issued  for  any  tract  or  tracts  at  any  time  after 
the  appraised  value  of  the  improvements  thereon  shall  have  been 
paid :  And  provided  further,  That  in  case  any  land  shall  be  selected 
under  this  act  to  which  any  railroad  company  is  or  shall  hereafter 
be  entitled  to  receive  a  patent,  such  railroad  company  shall,  upon 
releasing  all  claim  and  title  thereto,  and  on  the  approval  of  the  Presi- 
dent and  Secretary  of  the  Interior,  be  allowed  to  select  an  equal 
quantity  of  other  land  of  like  value  in  lieu  thereof,  at  such  place  as 
the  Secretary  of  the  Interior  shall  determine :    *    *  * 

Sec.  8.  That  previous  to  the  issuance  of  a  patent  for  any  reserva- 
tion as  provided  in  section  3  of  this  act  the  Secretary  of  the  Interior 
may  authorize  any  citizen  of  the  United  States,  firm,  or  corporation 
to  construct  a  flume,  ditch,  canal,  pipe,  or  other  apphances  for  the 
conveyance  of  water  over,  across,  or  through  such  reservation  for 
agricultural,  manufacturing,  or  other  purposes,  upon  condition  that 
the  Indians  owning  or  occupying  such  reservation  or  reservations 
shall,  at  aU  times  during  such  ownership  or  occupation,  be  supphed 
with  sufhcient  quantity  of  water  for  irrigating  and  domestic  purposes 
upon  such  terms  as  shaU  be  prescribed  in  writing  by  the  Secretary  of 
the  Interior,  and  upon  such  other  terms  as  he  may  prescribe,  and 
may  grant  a  right  of  way  for  rail  or  other  roads  through  such  reser- 
vation: Provided,  That  any  individual,  firm,  or  corporation  desiring 
such  privilege  shall  first  give  bond  to  the  United  States,  in  such  sum 
as  may  be  required  by  the  Secretary  of  the  Interior,  with  good  and 
sufficient  sureties,  for  the  performance  of  such  conditions  and  stipu- 
lations as  said  Secretary  may  require  as  a  condition  precedent  to  the 
granting  of  such  authority:  And  provided  further.  That  this  act 
shall  not  authorize  the  Secretary  of  the  Interior  to  grant  a  right  of 
way  to  any  railroad  company  through  any  reservation  for  a  longer 
distance  than  10  miles.  And  any  patent  issued  for  any  reservation 
upon  which  such  privilege  has  been  granted,  or  for  any  allotment 
therein,  shall  be  subject  to  such  privilege,  right  of  way,  or  ease- 
ment.   *    *  * 

A.  SELECTION  BY  COMMISSIONERS— MINERAL  LANDS  EXCLUDED. 

Under  the  regulations  made  pursuant  to  tliis  statute  the  commissioners  can  not 
select  lands  that  have  been  returned  as  mineral  in  character  and  within  6  miles  of 
mineral  lands,  and  the  regulations  in  this  respect  made  for  the  protection  of  miners 
can  not  be  disregarded. 

Southern  Pac.  R.  Co.,  In  re,  25  L.  D.  368,  p.  370. 

The  railroad  company  under  its  grant  is  not  entitled  to  receive  a  patent  for  tracts 
selected  by  the  commissioners  under  this  act  where  such  tracts  were  at  the  time  of  the 
Government  survey  actually  returned  as  mineral  lands. 
Southern  Pac.  R.  Co.,  In  re,  25  L.  D.  368,  p.  369. 

27  STAT.  62,  JULY  1,  1892. 
COLVILLE  RESERVATION. 

AN  ACT  To  provide  for  the  opening  of  a  part  of  the  Colville  Reservation,  in  the  State 
of  Washington,  and  for  other  purposes. 

Be  it  enacted,  etc..  That  subject  to  the  reservations  and  allotment 
of  lands  in  severalty  to  the  individual  members  of  the  Indians  of 


INDIAN  LANDS,  PP.  952-1037. 


967 


the  Colvillo  Rosorvatioii  in  the  State  of  Washington  herein  provided 
for,  all  the  following  ck^serihed  tract  or  portion  of  said  (^olvilie  Reser- 
vation, namely:  (Here  follows  descri])tion  of  land)  *  *  *  be, 
and  is  hereby,  vacated  and  restored  to  the  pubhc  domain,  notwith- 
standing any  Executive  order  or  other  proceeding  whereby  the 
same  was  set  apart  as  a  reservation  for  any  Indians  or  bands  of 
Indians,  and  the  same  shall  be  open  to  settlement  and  entry  by  the 
proclamation  of  the  President  of  the  United  States  and  shall  be 
disposed  of  under  the  general  laws  applicable  to  the  disposition  of 
public  lands  in  the  State  of  Washington. 

A.  INDIAN  LANDS— COL VILLE  RESERVATION. 

1.  Effect  of  act  opening  Colville  Reservation. 

2.  Preemption  entry — Application  to  preference  rights. 

3.  Selection  by  Indians — Mineral  lands  exempted. 

4.  Mining  claims — Right  to  locate  on  reservation. 

5.  Colville  Reservation  not  subject  to  mineral  laws. 

6.  Opening  of  Colville  reservation — Proclamation  neces- 

sary. 

1.  effect  of  act  opening  colville  reservation. 

The  fact  that  Congress  by  special  act  extended  the  mineral  land  laws  so  as  to  apply 
to  this  part  of  the  Colville  Reservation  restored  to  the  public  domain  by  this  act 
is  not  of  sufficient  argumentative  force  to  deny  this  effect  to  this  act  where  it  appeared 
that  the  executive  branch  of  the  Government  had  denied  the  right  of  prospectors  and 
miners  and  railroad  builders  to  enter  upon  this  part  of  the  vacated  reservation,  but 
rather  the  subsequent  act  shows  a  continuity  of  purpose  to  remove  the  barriers  in  the 
way  of  mining  operations  and  the  construction  of  highways. 

McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  87  Fed.  154,  p.  156. 

This  act  by  mandatory  words  annuls  the  Executive  order  creating  the  former  reser- 
vation and  restores  the  part  described  to  the  public  domain  subject  only  to  the  right 
of  the  Indians  to  make  selections  of  lands  to  be  alloted  to  them,  but  does  not  permit 
the  selection  of  lands  for  such  purpose  which  are  valuable  for  minerals,  as  it  is  the 
intention  of  the  act  to  award  to  each  Indian  agricultural  land,  and  accordingly  pros- 
pectors and  miners  are  not  required  to  wait  for  the  proclamation  to  open  the  tract 
for  exploration  for  minerals. 

Collins  V.  Bubb,  73  Fed.  735,  p.  739. 

2.  PREEMPTION  ENTRY  APPLICATION  TO  PREFERENCE  RIGHTS. 

'  'Preemption  entry, "  when  used  in  a  statute  relating  to  public  lands,  is  to  be  under- 
stood in  a  restricted  sense  rather  than  comprehensively  as  being  applicable  to  all  cases 
in  which  a  particular  person  may  have  a  right  to  be  preferred  to  others  in  the 
acquisition  or  purcliase  of  public  lands. 

McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  87  Fed.  154,  p.  156. 
Hartman  v.  Warren,  76  Fed.  157. 

3.   SELECTION  BY  INDIANS — MINERAL  LANDS  EXEMPTED. 

By  this  act  Congress  intended  to  secure  to  the  Indians  the  right  of  first  possession 
of  such  part  of  the  tract  as  they  were  entitled  to  have  allotted  to  them  in  severalty, 
and  to  avoid  conflicting  claims  and  disputes  between  them  and  white  settlers,  the 
power  to  fix  a  date  in  the  future  when  the  tracts  should  be  open  to  such  settlement 


968 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


and  entry  was  vested  in  the  President,  so  that  the  Indians  might  have  time  to  make 
their  allotments  before  white  settlers  should  come  upon  the  tract,  but  there  can  be 
no  such  conflicting  claims  as  to  lands  containing  valuable  deposits  of  mineral,  as  such 
lands  are  not  subject  to  allotment  by  the  Indians, 

McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  87  Fed.  154,  p.  155. 
McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  97  Fed.  670,  p.  673. 
See  Kendall  v.  San  Juan  Min.  Co.,  144  U.  S.  658,  p.  663. 
Hartman  v.  Warren,  76  Fed.  157. 

4.  MINING  CLAIMS — RIGHT  TO  LOCATE  ON  RESERVATION. 

This  statute  does  not  authorize  citizens  of  the  United  States  to  go  upon  that  part  of 
the  Colville  Reservation  vacated  and  restored  to  the  public  domain  by  the  act  for 
the  purpose  of  prospecting  for  minerals  and  locating  mining  claims  thereon,  without 
authorization  or  permission,  and  in  advance  of  the  Executive  proclamation, 

McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  97  Fed.  670,  p.  678. 
Overruling  McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  87  Fed.  154, 
Collins  V.  Bubb,  73  Fed.  735. 

The  fact  that  this  statute  restores  to  the  public  domain  certain  portions  of  the  Col- 
ville Indian  Reservation  therein  described  does  not  of  itself  make  it  subject  to  entry 
and  disposal  under  the  mining  or  other  general  laws  of  the  United  States,  as  all  of  the 
public  domain  is  not  subject  to  entry  and  disposal  under  the  mining  and  other  general 
laws. 

McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  97  Fed.  670,  p.  679. 

This  act  annulled  from  its  date  the  former  Executive  order  creating  the  reservation, 
and  restored  the  lands  described  to  the  public  domain,  but  did  not  of  itself  make  the 
mineral  lands  therein  open  to  location  either  by  the  Indians  or  citizens  of  the  United 
States. 

Collins  V.  Bubb,  73  Fed.  735,  p.  738. 

5.  COLVILLE  RESERVATION  NOT  SUBJECT  TO  MINERAL  LAWS. 

The  fact  that  Congress  did  not  intend  by  this  act  to  open  that  portion  of  the  Colville 
Indian  Reservation  thereby  restored  to  the  public  domain  to  the  operation  of  the 
mineral  laws  in  advance  of  the  proclamation  of  the  President  as  provided  for  therein, 
is  shown  by  the  subsequent  act  of  February  20,  1896  (29  Stat.  9),  in  which  it  expressly 
declared  that  the  mineral  laws  of  the  United  States  are  '  'hereby  extended  "  so  as  to 
apply  to  this  particular  part  of  the  Colville  Reservation. 

McFadden  v.  Mountain  View  Min.;' etc.,  Co.,  97  Fed.  670,  p.  678, 
See  Northern  Pac,  R.  Co.  v.  Soderberg,  99  Fed.  506,  p.  509. 
Gibson  v.  Anderson,  131  Fed.  39,  p.  41. 

It  can  not  be  true  that  a  portion  of  the  Colville  Reservation  restored  to  the  public 
domain  by  this  act  is  any  more  open  to  the  public  in  the  exploration  of  minerals  and 
the  location  of  mining  claims  in  advance  of  the  President 's  proclamation  than  it  is 
to  any  other  kind  of  entry  or  settlement  or  disposition, 

McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  97  Fed.  670,  p,  680. 
Overruling  McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  87  Fed,  154, 
See  United  States  v.  Blendauer,  128  Fed.  910. 

6,  OPENING  OF  COLVILLE  RESERVATION — PROCLAMATION  NECESSARY. 

The  restoration  of  this  part  of  the  Colville  Reservation  is  accompanied  with  the 
express  statutory  declaration  that  it  shall  be  open  to  settlement  and  entry  by  procla- 
mation of  the  President  of  the  United  States  and  shall  be  disposed  of  under  the  general 
laws  applicable  to  the  disposal  of  public  lands  in  the  State  of  Washington,  and  it  is 


INDIAN  LANDS,  PP.  952-1037. 


969 


therefore  apparent  that  the  "opeuiiig"  to  be  effected  by  such  proclamation  is  as  broad 
as  was  the  "disposition"  provided  for  by  the  act,  and  the  lands  authorized  to  be  dis- 
posed of  under  general  laws  applicable  to  the  disposal  of  the  public  lands  are  the  same 
lands  and  none  other  tliat  the  President  by  his  proclamation  is  authorized  to  open 
to  settlement  and  entry 

McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  97  Fed.  670,  p.  680. 
Overruling  McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  87  Fed.  154. 
See  United  States  v.  Blendauer,  128  Fed.  910. 

29  STAT.  9,  FEBRUARY  20,  1896. 

MINERAL-LAND  LAWS  EXTENDED— COLVILLE  RESERVATION. 

AN  ACT  To  extend  the  mineral-land  laws  of  the  United  States  to  lands  embraced  in 
the  north  half  of  the  Colville  Indian  Reservation. 

Be  it  enacted,  etc.,  That  the  mineral-land  laws  of  the  United 
States  be,  and  are  hereby,  extended  so  as  to  apply  to  all  lands  em- 
braced within  the  Colville  Indian  Reservation,  namely:  (Here  fol- 
lows description.)  *  *  *  Provided,  That  the  land  used  and 
occupied  for  school  purposes  at  what  is  known  as  Tonasket  School, 
on  Bonapart  Creek,  and  the  site  of  the  sawmill,  gristmill,  and  other 
mill  property  on  said  reservation,  is  hereby  reserved  from  the  opera- 
tion of  this  act,  unless  other  lands  are  selected  in  lieu  thereof  as  pro- 
vided in  section  6  of  the  act  which  became  a  law,  without  the  ap- 
proval of  the  President,  July  1,  1892,  entitled  ^^An  act  to  provide  for 
the  opening  of  a  part  of  the  Colville  Reservation  in  the  State  of  Wash- 
ington, and  for  other  purposes." 

A.  MINING  LAWS  EXTENDED  TO  INDIAN  LANDS. 

1.   PROCLAMATION  OF  PRESIDENT. 

This  act  extending  the  mineral-land  laws  to  the  Colville  Indian  Reservation  indi- 
cates that  Congress  did  not  intend  to  subject  the  vacated  portion  of  this  reservation 
to  the  operation  of  the  mineral  law  in  advance  of  the  proclamation  of  the  President 
provided  for  therein . 

McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  97  Fed.  670,  p.  678. 
See  Gibson  v.  Anderson,  131  Fed.  39,  p.  41. 

30  STAT.  571,  p.  593,  JULY  1,  1898. 

MINERAL  ENTRY— COLVILLE  RESERVATION. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the  Indian 
Department  and  for  fulfilling  treaty  stipulations  with  various  Indian  tribes  for  the 
fiscal  year  ending  June  30,  1899. 

Be  it  enacted,  etc.  *  *  *  That  the  mineral  lands  only  in  the 
Colville  Indian  Reservation,  in  the  State  of  Washington,  shall  be 
subject  to  entry  under  ttie  laws  of  the  United  States  in  relation 
to  the  entry  of  mineral  lands:  Provided,  That  lands  allotted  to  the 
Indians  or  used  by  the  Government  for  any  purpose  or  by  any  school 
shall  not  be  subject  to  entry  under  this  provision. 

The  right  is  hereby  granted  to  cut  timber  for  mining  and  domestic 
purposes,  at  such  prices  and  subject  to  such  regulations  as  may  be 
prescribed  by  the  Secretary  of  the  Interior,  from  that  portion  of  the 
Colville  Indian  Reservation  in  the  State  of  Washington,  which  was 
vacated  and  restored  to  the  pubUc  domain  by  the  act  of  July  1, 1892, 

56974°— Bull.  94,  pt  2—15  10 


970 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


entitled  ^^An  act  to  provide  for  tiie  opening  of  a  part  of  the  Colville 
Keservation  in  the  State  of  Washington  and  for  other  purposes" 
(27  Stat. 62),  and  the  net  proceeds  arising  from  the  disposition  of  said 
timber  shall  be  set  apart  and  disposed  of  according  to  the  provisions 
of  section  2  of  said  act  of  July  1,  1892,  but  primarily  the  expense 
incident  to  disposing  of  said  timber,  including  compensation  of  such 
special  agent  as  the  Secretary  of  the  Interior  shall  appoint,  shall  be 
paid  out  of  any  existing  appropriation  for  the  survey  and  allotment 
of  said  lands  and  shall  be  reimbursed  and  replaced  from  the  proceeds 
arising  from  the  disposition  of  the  timber.  The  Indian  allotments 
in  severalty  provided  for  in  said  act  shall  be  selected  and  completed 
at  the  earliest  practicable  time  and  not  later  than  six  months  after 
the  proclamation  of  the  President  opening  the  vacated  portion  of 
said  reservation  to  settlement  and  entry,  which  proclamation  may  be 
issued  mthout  awaiting  the  survey  of  the  unsurveyed  lands  therein. 
Said  allotments  shall  be  made  from  lands  which  shall  at  the  time  of 
the  selection  thereof  be  surveyed,  excepting  that  any  Indian  entitled  to 
allotment  under  said  act  who  has  improvements  upon  unsurveyed 
land  may  select  the  same  for  his  allotment,  whereupon  the  Secretary 
of  the  Interior  shall  cause  the  same  to  be  surveyed  and  allotted  to 
him.  At  the  expiration  of  six  months  from  the  date  of  the  procla- 
mation by  the  President,  and  not  before,  the  nonmineral  lands  within 
the  vacated  portion  of  said  reservation  which  shall  not  have  been 
allotted  to  Indians  as  aforesaid,  shall  be  subject  to  settlement,  entry 
and  disposition  under  said  act  of  July  1,  1892.    *    *  * 

34  STAT.  80,  MARCH  22,  1906. 

SALE  OF  UNALLOTTED  LANDS— COLVILLE  RESERVATION. 

AN  ACT  To  authorize  the  sale  and  disposition  of  surplus  or  unallotted  lands  of  the 
diminished  Colville  Indian  Reservation,  in  Washington. 

Be  it  enacted,  etc.    *    *  * 

Sec.  3.  That  upon  the  completion  of  said  allotments  to  said  Indians 
the  residue  or  surplus  lands — that  is,  lands  not  allotted  or  reserved 
for  Indian  school,  agency,  or  other  purposes — of  the  said  diminished 
Colville  Indian  Reservation  shall  be  classified  under  the  direction  of 
the  Secretary  of  the  Interior  as  irrigable  lands,  grazing  lands,  timber- 
lands,  mineral  lands,  or  arid  lands,  and  shall  be  appraised  under  their 
appropriate  classes  by  legal  subdivisions,  with  the  exception  of  the  lands 
classed  as  mineral  lands,  which  need  not  be  appraised,  and  which 
shall  be  disposed  of  under  the  general  mining  laws  of  the  United 
States,  and,  upon  completion  of  the  classification  and  appraisement, 
such  surplus  lands  shall  be  open  to  settlement  and  entry  under  the 
provisions  of  the  homestead  laws  at  not  less  than  their  appraised 
value  in  addition  to  the  fees  and  commissions  now  prescribed  bylaw 
for  the  disposition  of  lands  of  the  value  of  $1.25  per  acre  by  procla- 
mation of  the  President,  which  proclamation  shall  prescribe  the  man- 
ner in  which  these  lands  shall  be  settled  upon,  occupied,  and  entered 
by  persons  entitled  to  make  entry  thereof.    *    *  * 

*  *  *  *    '        *  *  * 

Sec.  6.  That  the  proceeds  not  including  fees  and  commissions 
arising  from  the  sale  and  disposition  of  the  lands  aforesaid,  including 


INDIAN  LANDS,  PP.  952-1037. 


971 


the  sums  paid  for  jnineral  and  town-site  lands  shall  be,  after  de- 
(hictinj^  the  expenses  incurred  from  time  to  time  in  connection  with 
the  allotment,  appraisement,  and  sales,  and  surveys,  herein  provided, 
deposited  in  the  Treasury  of  the  United  States  to  the  credit  of  the 
Colville  and  confederated  tribes  of  Indians  belonging  and  having 
tribal  rights  on  the  (-olville  Indian  Keservation,  in  the  State  of  Wash- 
ington, and  shall  be  expended  for  their  benefit,  under  the  direction 
of  the  Secretary  of  the  Interior.    *    *  * 

A.  INDIAN  LANDS— COLVILLE  RESERVATION. 

1.  REPORT  OF  COMMISSIONERS  SHOWS  MINERALS. 

The  commissioners  report  that  much  of  the  territory  ceded  under  the  act  of  July  1, 
1892  (27  Stat.  G2),  abounds  in  rich  mineral  deposits. 
Collins  V.  Bubb,  73  Fed.  735,  p.  737. 

27  STAT.  120,  p.  126,  July  13,  1892. 

MINING  CLAIMS  ON  INDIAN  LANDS. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the  Indian 
Department,  and  for  fulfilling  treaty  stipulations  with  the  various  Indian  tribes, 
for  the  year  ending  June  30,  1893. 

Be  it  enacted,  etc.    *    *  * 

"No  right  of  selection  by,  or  allottment  to  the  Crow  Indians  of 
Montana  secured  by  the  provisions  of  section  34  of  the  Indian  appro- 
priation act,  approved  March  3,  1891,  shall  be  so  used  as  to  include 
mining  claims  nor  shall  they  include  lands  settled  upon,  or  improve- 
ments made  by,  qualified  preemptors  or  homesteaders  who  were  mis- 
led to  settle  OQ  said  reservation  by  reason  of  an  erroneous  survey  by 
deputy  United  States  surveyors  of  the  public  lands,  or  of  said  Crow 
Reservation,  and  who  at  the  time  they  so  settled  there  believed  their 
said  settlement  was  not  on  the  said  reserv  ation :  Provided,  That  nothing 
herein  contained  shall  be  construed  to  impair  any  rights  acquired  under 
any  contract  with  the  Crow  Indians  heretofore  ratified  by  Congress. 

27  STAT.  612,  pp.  633,  640,  MARCH  3,  1893. 

SALINES  RESERVED. 

AN  ACT  Making  appropriations  for  current  and  contingent  expenses,  and  fulfilling 
treaty  stipulations  with  Indian  tribes,  for  fiscal  year  ending  June  30,  1894. 

Be  it  enacted,  etc..  That  the  following  sums  be,  and  they  are  here- 
by, appropriated,  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated,  for  the  purpose  of  paying  the  current  and  contingent 
expenses  of  the  Indian  Department  for  the  year  ending  June  30,  1894, 
and  fulfilling  treaty  stipulations  with  the  various  Indian  tribes, 
namely:    *    *  * 

It  shall  be  the  duty  of  said  commission,  or  a  majority  of  them,  to 
superintend  the  sale  of  said  lands,  ascertain  who  are  the  true  owners 
of  the  allotted  lands,  have  guardians  duly  appointed  for  the  minor 
heirs  of  any  deceased  allottees,  make  deeds  of  the  lands  to  the  pur- 
chasers thereof,  subject  to  the  approval  of  the  Secretary  of  the  In- 
terior, which  deed  shall  operate  as  a  complete  conveyance  of  the  land 
upon  the  full  payment  of  the  purchase  money;  and  the  whole  amount 


972 


UNITED  STATES  MINII^G  STATUTES  ANNOTATED. 


received  for  allotted  lands  shall  be  placed  in  the  Treasury  to  the 
credit  of  the  Indian  entitled  thereto  and  the  same  shall  be  paid  to 
him  in  such  sums  ajid  at  such  times  as  the  Commissioner  of  Indian 
Affairs,  with  the  approval  of  the  Secretary  of  the  Interior,  shall 
direct:  *  *  *  Ajid  provided  further,  That  the  Indian  allottees 
shall  not  have  pov^er  of  alienation  of  the  allotted  lands  not  selected 
for  sale  by  said  commission  for  a  period  of  10  years  from  the  date  of 
the  passage  of  this  act,  and  no  part  of  the  allotted  land  shall  be  offered 
for  sale  until  the  Indian  or  Indians  entitled  to  the  same  shall  have 
signed  a  written  agreement  consenting  to  the  sale  thereof.    *    *  * 

Sec.  10.  That  the  sum  of  $295,736,  payable  as  hereinafter  pro- 
vided, is  hereby  appropriated  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated,  and  the  Secretary  of  the  Interior  is  hereby 
authorized  and  directed  to  contract  to  pay  $8,300,000,  or  so  much 
thereof  as  may  be  necessary  in  addition,  to  pay  the  Cherokee  Nation 
of  Indians  for  all  the  right,  title,  interest,  and  claims  which  the  said 
nation  of  Indiajis  may  have  in  and  to  certain  lands  described  and 
specified  in  an  agreement  concluded  between  (certain  named  persons), 
duly  appointed  commissioners  on  the  part  of  the  United  States,  and 
(certain  named  persons),  duly  appointed  commissioners  on  the  part 
of  tlie  Cherokee  Nation  of  Indians  in  the  Indian  Territory,  on  De- 
cember 19, 1891,  bounded  (here  describing  and  known  as  the  Cherokee 
Outlet). 

A.  INDIAN  LANDS— SALINES  EXCEPTED. 

B.  INDIAN  ALLOTTEES— POWER  OF  ALIENATION,  p.  — . 

A.  INDIAN  LANDS— SALINES  EXCEPTED. 

Lands  ceded  by  the  Indians  and  made  open  for  settlement  by  this  act  expressly 
excepted  certain  saline  lands  known  as  the  Eastern,  Middle,  and  Western  Saline 
Reserves,  under  the  authority  of  the  act  of  Congress  of  August  7,  1882  (22  Stat.  349). 

Oklahoma  v.  Brooks,  29  L.  D.  533,  p.  534. 

B.  INDIAN  ALLOTTEES— POWER  OF  ALIENATION. 

This  act  deprived  Indian  allottees  of  the  power  of  alienation  for  a  period  of  10  years 
after  its  passage,  and  after  the  expiration  of  such  10  years  all  restrictions  were  re- 
moved, leaving  the  land  subject  not  only  to  voluntary  but  involuntary  alienation. 

Neilson  v.  Alberty,  36  Okla.  490,  p.  496. 

An  affidavit  of  an  applicant  to  enter  a  tract  of  land  under  this  act,  which  states  that 
the  land  does  not  contain  any  visible  or  known  salt  springs,  salt  rock,  or  other  saline 
deposits,  and  is  suitable  for  agricultural  purposes,  does  not  determine  the  character  of 
the  land,  though  it  may  justify  an  inquiry  or  an  examination  into  the  question,  as  all 
these  lands  should  be  treated  as  presumptively  of  saline  character;  but  when  it  is 
ascertained  that  any  of  them  are  not  saline,  then  disposition  thereof  can  be  made  under 
the  laws  relating  to  public  lands  in  the  Cherokee  Outlet. 

Oklahoma  v.  Brooks,  29  L.  D.  533,  p.  535. 

30  STAT.  1779,  JULY  27,  1898. 

PHOCLAMATION— CHEROKEE  OUTLET. 

Whereas,  in  the  opening  of  the  Cherokee  Outlet,  pursuant  to  section 
10  of  the  act  of  Congress  approved  March  3,  1893  (27  Stat.  612,  p. 


INDIAN  LANDS,  PP.  952-1037. 


973 


640),  the  lands  known  as  the  Eastern,  Middk>,  and  Western  Saline 
Reserves  were  excepted  from  settlement  in  view  of  three  hnises  made 
by  the  Cherokee  Nation  prior  to  March  3,  1(S9.3,  under  authority  of 
the  act  of  Congress  approved  August  7,  1882  (22  Stat.  349); 

And  whereas,  it  appears  that  said  leases  were  never  approved  as 
provided  by  law; 

Now,  therefore,  I,  William  McKinley,  President  of  the  United 
States,  by  virtue  of  the  power  in  me  vested  by  section  10  of  said  act 
of  March  3,  1893,  do  hereby  declare  and  make  known  that  all  the 
lands  in  said  saline  reserves,  as  described  in  a  proclamation  dated 
August  19,  1893  (28  Stat.  1227),  are  hereby  restored  to  the  public 
domain  and  will  be  disposed  of  under  the  laws  of  the  United  States 
relating  to  public  lands  in  said  Cherokee  Outlet,  subject  to  the  policy 
of  the  Government  in  disposing  of  saline  lands. 

A.  SALINES   IN   CHEROKEE   OUTLET— RESTORED   TO  PUBLIC 

DOMAIN. 

By  this  proclamation  all  the  lands  in  the  Cherokee  Nation  saline  reserves  were  re- 
stored to  the  public  domain  for  disposition  under  United  States  laws,  subject  to  the 
policy  of  the  Government  in  disposing  of  saline  lands 

Oklahoma  v.  Brooks,  29  L.  D.  533,  p.  534. 

28  STAT.  1222,  AUGUST  19,  1893. 

PROCLAMATION— SALINES  RESERVED. 

Whereas,  pursuant  to  section  10  of  the  act  of  Congress  approved 
March  3,  1893  (27  Stat.  61),  entitled,  *  *  *  the  Cherokee 
Nation  of  Indians,  by  a  written  agreement  made  on  May  17,  1893, 
has  ratified  the  agreement  for  the  cession  of  certain  lands,  hereinafter 
described,  as  amended  by  said  act  of  March  3,  1893,  and  thereby 
ceded,  conveyed,  transferred,  relinquished,  and  surrendered  all  its 
title,  claim,  and  interest  of  every  kind  and  character  in  and  to  that 
part  of  the  Indian  Territory  (described),  excepting  also  the  saline 
lands  covered  by  three  leases  made  by  the  Cherokee  Nation  prior  to 
March  3,  1893,  known  as  the  Eastern,  Middle,  and  Western  Saline 
Reserves,  under  authority  of  the  act  of  Congress  of  August  7,  1882 
(22  Stat.  349),  said  lands  being  described  and  identified  as  follows: 
The  Eastern  Saline  Reserve  embracing  all  (described),  the  Middle 
Saline  Reserve  embracing  all  (described),  and  the  Western  Saline 
Reserve  embracing  all  (described). 

29  STAT.  321,  pp.  353,  357,  360,  JUNE  10,  1896. 

OCCUPATION  AND  PURCHASE. 

AN  ACT  Making  appropriations  for  current  and  contingent  expenses  of  the  Indian 
Department  and  fulfilling  treaty  stipulations  with  various  Indian  tribes  for  the 
fiscal  year  ending  June  30,  1897,  and  for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  8.  *  *  *  That  upon  the  filing  in  the  United  States  local 
land  office  for  the  district  in  which  the  lands  surrendered  by  article 
1  of  the  foregoing  agreement  are  situated,  of  the  approved  plat  of 
survey  authorized  by  this  section,  the  lands  so  surrendered  shall  be 
open  to  occupation,  location,  and  purchase,  under  the  provisions  of 


974  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


the  mineral-land  laws  only,  subject  to  the  several  articles  of  the  fore- 
going agreement:  Provided,  That  said  lands  shall  be  sold  at  $10 
per  acre:  And  provided  further,  That  the  terms  of  this  section 
shall  not  be  construed  to  authorize  the  occupancy  of  said  lands  for 
mining  purposes  prior  to  the  date  of  filing  said  approved  plat  of 
survey:  Provided,  however.  That  any  person  who  in  good  faith 
prior  to  the  passage  of  this  act  had  discovered  and  opened,  or  located, 
a  mine  of  coal  or  other  mineral,  shall  have  a  preference  right  of  pur- 
chase for  90  days  from  and  after  the  official  filing  in  the  local  land 
office  of  the  approved  plat  of  survey  provided  for  by  this  section. 

Note. — The  last  proviso  of  this  section  is  stricken  out  by  an  amendment.  (See 
30  Stat.  62,  p.  93,  sec.  10,  p.  1001. 

Sec.  9.  *  *  *  That  upon  the  filing  in  the  United  States  local 
land  office  for  the  district  in  which  the  lands  surrendered  by  article 
1  of  the  foregoing  agreement  are  situated,  of  the  approved  plat 
of  survey  authorized  by  this  section,  the  lands  so  surrendered  shall 
be  opened  to  occupation,  location,  and  purchase  under  the  provisions 
of  the  mineral-land  laws  only,  subject  to  the  several  articles  of  the 
foregoing  agreement:  Provided,  That  the  terms  of  this  section  shall 
not  be  construed  to  authorize  occupancy  of  said  lands  for  mining- 
purposes  prior  to  the  date  of  filing  said  approved  plat  of  survey. 

Sec.  10.  *  *  *  That  upon  the  filing  in  the  United  States  local 
land  office  for  the  district  in  which  the  lands  surrendered  by  article  1 
of  the  foregoing  agreement  are  situated,  of  the  approved  plat  of  survey 
authorized  by  this  section,  the  lands  so  surrendered  shall  be  opened 
to  occupation,  location,  and  purchase  under  the  provisions  of  the 
mineral-land  laws  only,  subject  to  the  several  articles  of  the  foregoing 
agreement:  Provided,  That  the  terms  of  this  section  shall  not  be 
construed  to  authorize  occupancy  of  said  lands  for  minmg  purposes 
prior  to  the  date  of  filing  said  approved  plat  of  survey:  Provided, 
however,  That  any  person  who  in  good  faith  prior  to  the  passage  of 
this  act  had  discovered  and  opened,  or  located,  a  mine  of  coal  or 
other  mineral,  shall  have  a  preference  right  of  purchase  for  90  days 
from  and  after  the  official  filing  in  the  local  land  office  of  the  approved 
plat  of  survey  provided  for  by  this  section. 

A.  INDIAN  LANDS  SURRENDERED— LOCATION  OF  MINING  CLAIMS. 

This  statute  expressly  excepts  mining  locations  or  coal  mines  in  the  lands  reserved 
by  the  act. 

Eureka  and  Try  Again  Lode  Claims,  In  re,  29  L.  D.  158. 

In  an  application  for  the  location  of  a  mine  upon  any  of  the  lands  contemplated  in 
this  act,  the  applicant  must  show  that  he  has  complied  with  other  sections  of  the 
statute,  and  especially  with  the  provisions  of  sections  2325  and  2326  of  the  Revised 
Statutes. 

Eureka  and  Try  Again  Lode  Claims,  In  re,  29  L.  D.  158,  p.  159. 

31  STAT.  952,  MARCH  2,  1901. 

SALE  UNDER  MINING  LAWS. 

AN  ACT  To  restore  to  the  public  domain  a  small  tract  of  the  White  Mountain  Apache 
Indian  Reservation,  in  the  Territory  of  Arizona. 

Be  it  enacted,  etc.,  That  a  small  tract  of  the  White  Mountain 
Apache  Indian  Reservation,  in  the  Territory  of  Arizona,  established 


INDIAN  LANDS,  PP.  952-1037. 


975 


by  Executive  orders  dated  (giving  dates  and  descriptions) ;  contain- 
ing about  231  acres,  be,  and  tiie  same  is  hereby,  restored  to  the  public 
domain  and  declared  to  be  open  and  subject  to  entry,  location,  and 
occupation  under  the  mining  laws  of  the  United  States:  Provided, 
That  said  lands  shall  be  sold  under  the  provisions  of  the  mining  laws 
of  the  United  States,  and  that  all  moneys  accruing  from  the  sale  of 
the  lands  hereby  restored,  except  the  fees  allowed  by  law  to  the 
register  and  receiver,  shall  be  ])aid  into  the  Treasury  of  the  United 
States  and  applied  solely  as  follows:  etc. 

31  STAT.  1093,  MARCH  3,  1901. 

DISPOSITION  OF  MINERAL  LANDS. 
AN  ACT  To  supplement  existing  laws  relating  to  the  disposition  of  lands,  etc. 

Be  it  enacted,  etc..  That  before  the  time  for  opening  to  settlement 
or  entry  of  any  of  the  lands  in  the  Territor}^^  of  Oldahoma,  respectively 
ceded  to  the  United  States  by  the  Wichita  and  afhliated  bands  of 
Indians,  and  the  Comanche,  Kiowa,  and  Apache  tribes  of  Indians, 
under  agreements  respectively  ratified  by  the  acts  of  March  2,  1895 
(28  Stat.  876,  p.  894),  and  June  6,  1900  (31  Stat.  672,  p.  676),  it  shall 
'be  the  duty  of  the  Secretary  of  the  Interior  to  subdivide  the  same 
into  such  number  of  counties  as  will,  for  the  time  being,  best  sub- 
serve the  public  interests,  and  to  designate  the  place  for  the  county 
seat  of  each  county,  and  to  set  aside  and  reserve  at  such  county  seat, 
for  disposition  as  herein  provided,  320  acres  of  land:  Provided, 
That  the  Secretary  of  the  Interior  may  attach  any  part  of  said  lands 
to  any  adjoining  county  in  said  Territory. 

The  lands  to  be  opened  to  settlement  and  entry  under  the  acts  of 
Congress  ratifying  said  agreements  respectively  shall  be  so  opened 
by  proclamation  of  the  President,  and  to  avoid  the  contests  and 
conflicting  claims  which  have  heretofore  resulted  from  opening  similar 
public  lands  to  settlement  and  entry,  the  President's  proclamation 
shall  prescribe  the  manner  in  which  these  lands  may  be  settled  upon, 
occupied  and  entered  by  persons  entitled  thereto  under  the  acts 
ratifying  said  agreements,  respectively;  and  no  person  shall  be  per- 
mitted to  settle  upon,  occupy,  or  enter  any  of  said  lands  except  as 
prescribed  in  such  proclamation  until  after  the  expiration  of  60  days 
irom  the  time  when  the  same  are  opened  to  settlement  and  entry. 

A.  ACT  APPLIES  TO  MINEHAL  AND  HOMESTEAD  CLAIMANTS. 

B.  PROCLAMATION  OPENING  SETTLEMENT. 

A.  ACT  APPLIES  TO  MINERAL  AND  HOMESTEAD  CLAIMANTS. 

This  act,  as  well  as  the  proclamation  of  the  President  issued  July  4,  1901  (32  Stat. 
1975),  applied  to  mineral  claimants  as  well  as  to  homestead  claimants,  and  Congress 
did  not  intend  to  discriminate  in  favor  of  mineral  claimants  and  against  the  homestead 
claimants. 

Bay  V.  Oklahoma  Southern  Gas,  etc.,  Min.  Co.,  13  Okla.  425,  p.  432. 

B.  PROCLAMATION  OPENING  SETTLEMENT. 

Congress  left  the  manner  of  the  opening  of  these  lands  allotted  to  the  Indians  to 
settlement  and  entry  to  the  determination  of  the  President,  and  required  him  to  incor- 


976 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


porate  the  rules  and  regulations  in  his  proclamation  announcing  the  opening,  and 
persons  seeking  to  discover  minerals  and  acquire  homesteads  were  prohibited  from 
entering  upon  the  land  until  60  days  after  the  expiration  of  the  time  stated  in  the 
proclamation. 

Bay  V.  Oklahoma  Southern  Gas,  etc.,  Min.  Co.,  13  Okla.  425,  p.  432. 
See  32  Stat.  1975. 

32  STAT.  744,  JUNE  19,  1902. 

ALLOTMENTS— SPOKANE  RESERVATION. 

JOINT  RESOLUTION  Supplementing  and  modifying  certain  provisions  of  the 
Indian  appropriation  Act  for  the  year  ending  June  30,  1903. 

^  Eesolved,  etc.,  That  the  provisions  of  the  act  "Making  appropria- 
tions for  the  current  and  contingent  expenses  of  the  Indian  Depart- 
ment, arid  for  fuMling  treaty  stipulations  with  various  Indian  tribes 
for  tlie  fiscal  year  ending  June  30,  1903,  and  for  other  purposes,"  are 
hereby  supplemented  and  modified  as  follows : 

The  Secretary  of  the  Interior  is  directed  to  make  allotments  in 
severalty  to  the  Indians  of  the  Spokane  Indian  Reservation  in  the 
State  of  Washington,  and  upon  the  completion  of  such  allotments 
the  President  shall  by  proclamation  give  public  notice  thereof,  where- 
upon the  lands  in  said  reservation  not  allotted  the  Indians  or  used  or 
reserved  by  the  Government,  or  occupied  for  school  purposes,  shall 
be  opened  to  exploration,  location,  occupation,  and  purchase  under 
the  mining  laws. 

32  STAT.  982,  p.  998,  MARCH  3,  1903. 

MINING  CLAIMS— UTAH. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the  Indian 
Department  and  for  fulfilling  treaty  stipulations  with  various  Indian  tribes  for  the 
fiscal  year  ending  June  30,  1904,  and  for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

That  in  the  lands  within  former  Uncompahgre  Indian  Reservation, 
in  the  State  of  Utah,  containing  gilsonite,  asphaltum,  elaterite,  or 
other  like  substances,  which  were  reserved  from  location  and  entry 
by  provision  in  the  act  of  Congress  entitled  ^^An  act  making  appro- 
priations for  the  current  and  contingent  expenses  of  the  Indian  De- 
partment, and  for  fulfilling  treaty  stipulations  with  various  Indian 
tribes  for  the  fiscal  year  ending  June  30,  1898  (30  Stat.,  87),  approved 
June  7,  1897,  all  discoveries  and  locations  of  any  such  mineral  lands 
by  qualified  persons  prior  to  January  1,  1891,  not  previously  dis- 
covered and  located,  who  recorded  notices  of  such  discoveries  and 
locations  prior  to  January  1,  1891,  either  in  the  State  of  Colorado, 
or  in  the  office  of  the  county  recorder  of  Uintah  County,  Utah,  shall 
have  all  the  force  and  effect  accorded  by  law  to  locations  of  mining 
claims  upon  the  public  domain.  All  such  locations  may  hereafter 
be  perfected,  and  patents  shall  be  issued  therefor  upon  compliance 
with  the  requirements  of  the  mineral-land  laws,  provided  that  the 
owners  of  such  locations  shall  relocate  their  respective  claims  and 
record  the  same  in  the  office  of  the  county  recorder  of  Uintah  County, 
Utah,  within  90  days  after  the  passage  of  this  act.  All  locations  of 
any  such  mineral  lands  made  and  recorded  on  or  subsequent  to 
January  1,  1891,  are  hereby  declared  to  be  null  and  void;  and  the 
remainder  of  the  lands  heretofore  reserved  as  aforesaid  because  of 


INDIAN  LANDS,  PP.  952-1037. 


977 


the  mineral  substances  contained  in  them,  in  so  far  as  the  same  may- 
be within  ovcn-numbored  sections,  shall  be  sold  and  disposed  of  in 
tracts  not  excecdhig  40  acres,  or  a  quarter  of  a  jquarter  of  a  section, 
in  such  a  manner  and  upon  such  terms  and  with  such  restrictions 
as  may  be  prescribed  in  a  proclamation  of  the  President  of  the 
United  States  issued  for  that  purpose  not  less  than  120  days  after 
the  passage  of  this  act,  and  not  less  than  90  days  before  the  time  of 
sale  or  disposal,  and  the  balance  of  said  lands  and  also  all  the  mineral 
therein  are  hereby  specifically  reserved  for  future  action  of  Congress. 
******* 

33  STAT.  15i,  MARCH  25,  1904. 

PATENTS  VALIDATED— BITTER  ROOT  VALLEY. 

AN  ACT  To  confirm  and  validate  patents  to  certain  lands  situated  in  the  Bitter  Root 
Valley,  State  of  Montana,  above  the  mouth  of  the  Lo  Lo  Fork  of  the  Bitter  Root 
River. 

Be  it  enacted,  etc.,    *    *  * 

That  all  patents  heretofore  issued  for  lands  in  the  Bitter  Root 
Valley,  State  of  Montana,  above  the  mouth  of  the  Lo  Lo  Fork  of  the 
Bitter  Root  River,  designated  in  the  act  of  June  5,  1872  (17  Stat., 
226),  in  desert  entries,  preemption  entries,  mining  entries,  entries 
under  the  act  of  June  3,  1878  (20  Stat.,  89),  as  extended  to  all  the 
public  land  States  by  the  act  of  August  4,  1892  (27  Stat.,  348),  com- 
mpnly  known  as  the  timber  and  stone  law,  and  for  lands  selected 
for  the  benefit  of  the  University  of  the  State  of  Montana  prior  to  the 
passage  of  the  act  of  August  3, 1894  (28  Stat.,  222,  Ch.  196),  are  hereby 
confirmed  and  said  patents  validated,  to  all  intents  and  purposes 
the  same  as  if  the  law  under  which  said  patents  were  issued  was 
applicable  to  said  lands. 

33  STAT.  302,  p.  303,  APRIL  23,  1904. 

SURVEY  AND  ALLOTMENT. 

AN  ACT  For  the  survey  and  allotment  of  lands  now  embraced  within  the  limits  of 
the  Flathead  Indian  Reservation,  in  the  State  of  Montana,  and  the  sale  and  disposal 
of  all  surplus  lands  after  allotment. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  5.  That  said  commissioners  shall  then  proceed  to  personally 
inspect  and  classify  and  appraise,  by  the  smallest  legal  subdivisions 
of  40  acres  each,  all  of  the  remaining  lands  embraced  within  said 
reservation.  In  making  such  classification  and  appraisement  said 
lands  shall  be  divided  into  the  following  classes:  First,  agricultural 
land  of  the  first  class;  second,  agricultural  land  of  the  second  class; 
third,  timber  lands,  the  same  to  be  lands  more  valuable  for  their 
timber  than  for  any  other  purpose;  fourth,  mineral  lands;  and  fifth, 
grazing  lands. 

Sec.  6.  That  said  commission  shall  in  their  report  of  lands  of  the 
third  class  determine  as  nearly  as  possible  the  amount  of  standing 
saw  timber  on  legal  subdivisions  thereof  and  fix  a  minimum  price 
for  the  value  thereof,  and  in  determining  the  amounts  of  merchant- 
able timbers  growing  thereon  they  shall  be  empowered  to  employ  a 
timber  cruiser,  at  a  salary  of  not  more  than  $8  per  day  while  so 


978 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


actually  employed,  with  such  assistants  as  may  be  necessary,  at  a 
salary  not  to  exceed  $6  per  day  while  so  actually  employed.  Mineral 
lands  shall  not  be  appraised  as  to  value. 

******* 

Sec.  8.  That  when  said  commission  shall  have  completed  the 
classification  and  appraisement  of  all  of  said  lands  and  the  same  shall 
have  been  approved  by  the  Secretary  of  the  Interior,  the  land  shall 
be  disposed  of  under  the  general  provisions  of  the  homestead,  mineral, 
and  town-site  laws  of  the  United  States,  except  such  of  said  lands  as 
shall  have  been  classified  as  timber  lands,  and  excepting  sections  16 
and  36  of  each  township,  which  are  hereby  granted  to  the  State  of 
Montana  for  school  purposes.    *    *  * 

Sec.  10.  That  only  mineral  entry  may  be  made  on  such  of  said 
lands  as  said  commission  shall  designate  and  classify  as  mineral  under 
the  general  provisions  of  the  mining  laws  of  the  United  States,  and 
mineral  entry  may  also  be  made  on  any  of  said  lands  whether  desig- 
nated by  said  commission  as  mineral  lands  or  otherwise,  such  classi- 
fication by  said  commission  being  only  prima  facie  evidence  of  the 
mineral  or  nonmineral  character  of  the  same:  Provided,  That  no 
such  mineral  locations  shall  be  permitted  upon  any  lands  allotted  in 
severalty  to  an  Indian. 

33  STAT.  352,  p.  360,  APRIL  27,  1904. 

MINERALS  UNDER  TOWN  SITES. 

AN  ACT  To  ratify  and  amend  an  agreement  with  the  Indians  of  the  Crow  Reserva- 
tion in  Montana,  and  making  appropriation  to  carry  the  same  into  effect. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  5.  *  *  *  And  provided  further,  That  the  price  of  said 
lands  shall  be  $4  per  acre,  when  entered  under  the  homestead  laws. 
*  *  *  Lands  entered  under  the  town-site  and  mineral-land  laws 
shall  be  paid  for  in  amount  and  manner  as  provided  by  said  laws,  but 
in  no  event  at  a  less  price  than  that  fixed  herein  for  such  lands,  if 
entered  under  the  homestead  laws.    *    *  * 

33  STAT.  595,  p.  596,  DECEMBER  21,  1904. 

MINERAL  LANDS— DISPOSAL. 

AN  ACT  To  authorize  the  sale  and  disposition  of  surplus  or  unallotted  lands  of  the 
Yakima  Indian  Reservation,  in  the  State  of  Washington. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  3.  That  the  residue  of  the  lands  of  said  reservation — that  is, 
the  lands  not  allotted  and  not  reserved — shall  be  classified  under  the 
direction  of  the  Secretary  of  the  Interior  as  irrigable  lands,  grazing 
lands,  timber  lands,  mineral  lands,  or  arid  lands,  and  shall  be  ap- 
praised under  their  appropriate  classes  by  legal  subdivisions,  with 
the  exception  of  the  mineral  lands,  which  need  not  be  appraised,  and 
the  timber  on  the  lands  classified  as  timber  lands  shall  be  appraised 
separately  from  the  land.  The  basis  for  the  appraisal  of  the  timber 
shall  be  the  amount  of  standing  merchantable  timber  thereon,  which 
shall  be  ascertained  and  reported.    *    *  * 

The  lands  classified  as  mineral  lands  shall  be  subject  to  location 
and  disposal  under  the  mineral-land  laws  of  the  United  States:  Pro 


INDIAN  LANDS,  PP.  952-1037. 


979 


vided,  That  lands  not  chxssiiicd  as  mineral  may  also  bo  located  and 
entered  as  mineral  lands,  subject  to  approval  by  the  Secretary  of  the 
Interior  and  conditioned  upon  the  payment,  within  one  year  from 
the  date  when  located,  of  the  appraised  value  of  the  land  per  acre 
fixed  prior  to  the  <late  of  such  location,  but  at  not  less  than  tne  price 
fixed  by  existing  law  for  mineral  lands:  Provided  further.  That  no 
such  mineral  locations  shall  be  permitted  on  any  lands  allotted  to 
Indians  in  severalty  or  reserved  for  any  purpose  as  herein  authorized. 

33  STAT.  1016,  p.  1020,  MARCH  3,  1905. 

SALE  OF  MINERAL  LANDS. 

AN  ACT  To  ratify  and  amend  an  agreement  with  the  Indians  residing  on  the  Sho- 
shone or  Wind  River  Indian  Reservation  in  the  State  of  Wyoming,  etc. 

Whereas,  etc.,    *    *  * 

Be  it  enacted,  etc.,  *  *  *  ^j^o^^  lands  entered  under  the  town- 
site,  coal  and  mineral  land  laws  shall  be  paid  for  in  an  amount  and 
manner  as  provided  by  said  laws;  and  in  case  any  entryman  fails  to 
make  the  payments  herein  provided  for,  or  any  of  them,  within  the 
time  stated,  all  rights  of  the  said  entryman  to  the  lands  covered  by 
his  or  her  entry  shall  at  once  cease  and  any  payments  therebefore 
made  shall  be  forfeited  and  the  entry  shall  be  held  for  cancellation 
and  canceled,  and  all  lands,  except  mineral  and  coal  lands  herein 
ceded,  remaining  undisposed  of  at  the  expiration  of  5  years  from  the 
opening  of  said  lands  to  entry  shall  be  sold  to  the  highest  bidder  for 
cash,  at  not  less  than  $1  per  acre,  under  rules  and  regulations  to  be 
prescribed  by  the  Secretary  of  the  Interior:  And  provided,  That 
nothing  herein  contained  shall  impair  the  rights  under  the  lease  to 
Asmus  Boysen,  which  has  been  approved  by  the  Secretary  of  the 
Interior;  but  said  lessee  shall  have  for  30  days  from  the  date  of  the 
approval  of  the  surveys  of  said  land  a  preferential  right  to  locate, 
following  the  Government  surveys,  not  to  exceed  640  acres  in  the 
form  of  a  square,  of  mineral  or  coal  lands  in  said  reservation;  that 
said  Boysen  at  the  time  of  entry  of  such  lands  shall  pay  cash  therefor 
at  the  rate  of  $10  per  acre  and  surrender  said  lease  and  the  same  shall 
be  canceled:  Provided  further,  That  any  lands  remaining  unsold 
8  years  after  the  said  lands  shall  have  been  opened  to  entry  may  be 
sold  to  the  highest  bidder  for  cash  without  regard  to  the  above  mini- 
mum limit  of  price;  that  lands  disposed  of  under  the  town-site,  coal 
and  mineral  land  laws  shall  be  paid  for  at  the  prices  provided  for  by 
law,  and  the  United  States  agrees  to  pay  the  said  Indians  the  pro- 
ceeds derived  from  the  sales  of  said  lands,  the  amount  so  realized  to 
be  paid  to  and  expended  for  said  Indians  in  the  manner  hereinafter 
provided. 

Sec.  2.  That  the  lands  ceded  to  the  United  States  under  the  said 
agreement  shall  be  disposed  of  under  the  provisions  of  the  homestead, 
townsite,  coal,  and  mineral  land  laws  of  the  United  States  and  shall 
be  opened  to  settlement  and  entry  by  proclamation  of  the  Presi- 
dent.   *    *  * 

Lands  entered  under  the  townsite,  coal,  and  mineral  land  laws 
shall  be  paid  for  in  amount  and  manner  as  provided  by  said  laws. 
Notice  of  location  of  all  mineral  entries  shall  be  filed  in  the  local  land 
office  of  the  district  in  which  the  lands  covered  by  the  location  are 


980  UNITED  STATES  MINIlSTG  STATUTES  ANNOTATED. 


situated,  and  unless  entry  and  payment  shall  be  made  within  three 
years  from  the  date  of  location  all  rights  thereunder  shall  cease; 
*  *  *  that  all  lands,  except  mineral  and  coal  lands,  herein  ceded 
remaining  undisposed  of  at  the  expiration  of  five  years  from  the  open- 
ing of  said  lands  to  entry  shall  be  sold  to  the  highest  bidder  for  cash 
at  not  less  than  $1  per  acre  under  rules  and  regulations  to  be  pre- 
scribed by  the  Secretary  of  the  Interior.    *    *  * 

A.  INDIAN  LANDS  CEDED— WIND  RIVER. 

1.  Lands  opened  by  proclamation. 

2.  Sixty-day  period  for  entering  land — Computation. 

1.  LANDS  opened  BY  PROCLAMATION. 

The  proclamation  of  the  President,  dated  June  2,  1906  (34  Stat.  3208),  opened  the 
lands  ceded  by  this  act  under  the  general  provisions  of  the  homestead,  townsite, 
coal  and  mineral  land  laws  of  the  United  States  on  conditions  prescribed  in  such 
proclamation. 

Leclair  v.  Hawley,  18  Wyo.  23,  p.  29. 

2.  SIXTY-DAY  PERIOD  FOR  ENTERING  LAND — COMPUTATION. 

In  computing  the  60-day  period  in  which  lands  could  be  entered  under  this  act 
and  under  the  proclamation  of  the  President  of  June  2,  1906  (34  Stat.  3208),  August 
15,  1906,  fixed  as  the  date  of  opening  to  settlement,  must  be  included  in  computing 
the  60-day  period,  and  the  60-day  period  expired  at  midnight  October  13,  1906,  and 
a  mining  location  made  on  October  14,  1906,  was  not  premature. 

Leclair  v.  Hawley,  18  Wyo.  23,  p.  37. 

35  STAT.  650,  FEBRUARY  25,  1909. 

SALE  OF  MINERAL  LANDS— AMENDMENT. 

AN  ACT  Extending  the  time  for  final  entry  of  mineral  claims  within  the  Shoshone 
or  Wind  River  Reservation  in  Wyoming. 

Be  it  enacted,  etc.,  That  section  2  of  the  act  of  March  3,  1905  (33 
Stat.  1016,  p.  1021),  being  "An  act  to  ratify  and  amend  an  agreement 
with  the  Indians  residing  on  the  Shoshone  or  Wind  River  Indian 
Reservation,  in  the  State  of  Wyoming,  and  to  make  appropriations 
to  carry  the  same  into  effect,''  be,  and  the  same  is  hereby,  amended 
so  that  aU  claimants  and  locators  of  mineral  lands  within  the  ceded 
portion  of  said  reservation  shall  have  five  years  from  the  date  of 
location  within  which  to  make  entry  and  payment  instead  of  three 
years,  as  now  provided  by  the  said  act. 

34  STAT.  1015,  p.  1036,  MARCH  1,  1907. 

MINERAL  LANDS— CLASSIFICATION. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the  Indian 
Department,  for  fulfilling  treaty  stipulations  with  various  Indian  tribes,  and  for 
other  purposes,  for  the  fiscal  year  ending  June  30,  1908. 

Be  it  enacted,  etc.,    *    *  * 

That  said  commissioners  shall  then  proceed  to  personally  inspect 
and  classify  and  appraise,  by  the  smaUest  legal  subdivisions  of  40 


INDIAN  LANDS,  PP.  952-1037. 


981 


acres  each,  all  of  the  leinainiiig  land  embraced  within  said  reserva- 
tion (Blackfeet  Indian  Reservation).  In  making  such  classification 
and  apjn-aisement  said  lands  shall  be  divided  into  the  following 
classes:  First,  agricultural  lands  of  the  first  class;  second,  agricul- 
tural lands  of  the  second  class;  third,  grazing  lands;  fourth,  timber 
lands;  fifth,  mineral  lands,  the  mineral  lands  not  to  be  ap- 
praised.   *    *  * 

That  when  said  commission  shall  have  completed  the  classification 
and  appraisement  of  all  of  said  lands  and  the  same  shall  have  been 
approved  by  the  Secretary  of  the  Interior,  the  lands  shall  be  dis- 
posed of  under  the  general  j)rovisions  of  the  homestead,  mineral, 
and  townsite  laws  of  the  United  States,  except  such  of  said  lands 
as  shall  have  been  classified  as  timber-lands,  and  except  such  sec- 
tions 16  and  36  of  each  township,  or  any  part  thereof,  for  which  the 
State  of  Montana  has  not  heretofore  received  indemnity  lands  under 
existing  laws,  which  sections,  or  parts  thereof,  are  hereby  granted 
to  the  State  of  Montana  for  school  purposes.    *    *  * 

That  the  lands  within  said  reservation  not  already  previously 
entered,  whether  classified  as  agricultural,  grazing,  timber,  or  min- 
eral lands,  shall  be  subject  to  exploration,  location,  and  purchase 
under  the  general  provisions  of  the  United  States  mineral  and  coal 
land  laws,  at  the  prices  therein  fixed,  except  that  no  mineral  or  coal 
exploration,  location,  or  purchase  shall  be  permitted  upon  any  lands 
allotted  to  an  Indian. 

34  STAT.  3208,  3212,  JUNE  2,  1906. 

PROCLAMATION— SHOSHONE  OR  WIND  RIVER  RESERVATION. 

Whereas,  by  an  agreement  between  the  Shoshone  and  Arapahoe 
tribes  of  Indians,  belonging  to  the  Shoshone  or  Wind  River  Reser- 
vation in  the  State  of  Wyoming  *  *  *  amended  and  ratified  by 
act  of  Congress  approved  March  3,  1905  (33  Stat.  1016),  the  said 
Indian  tribes  ceded,  granted,  and  rehnquished  to  the  United  States 
all  the  right,  title,  and  interest  which  they  may  have  had  to  all  of  the 
unallotted  lands  embraced  within  said  reservation,  except  (describ- 
ing); and 

Whereas,  it  was  provided  by  said  act  of  March  3,  1905  (33  Stat. 
1021),  that  said  unallotted  lands  ceded  to  the  United  States  under  said 
agreement  should  be  disposed  of  under  the  provisions  of  the  home- 
stead, town-site,  coal  and  mineral  land  laws  of  the  United  States, 
and  should  be  opened  to  settlement  and  entry  by  proclamation  of 
the  President  of  the  United  States  on  June  15,  1906,  which  procla- 
mation shall  prescribe  the  manner  in  which  the  lands  shall  be  settled 
upon,  occupied,  and  entered  by  persons  permitted  to  make  entry 
thereof,  and  no  person  shall  be  permitted  to  settle  upon,  occupy,  or 
enter  said  lands  except  as  prescribed  in  said  proclamation,  until  after 
the  expiration  of  60  days  from  the  time  when  the  same  are  open  to 
settlement  and  entry ;    *    *  * 

Now,  therefore,  I,  Theodore  Roosevelt,  President  of  the  United 
States  of  America,  by  virtue  of  the  power  in  me  vested  by  the  said 
act  and  resolution  of  Congress,  do  hereby  declare  and  make  known 
that  all  the  unallotted  lands  in  the  ceded  portion  of  said  reservation, 
except  such  as  may  at  that  time  have  been  reserved  for  carrying  out 
the  provisions  of  said  amended  treaty  relative  to  the  rights  of  Asmus 


982  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Boysen,  allowing  him  to  locate  in  accordance  with  the  Government 
surveys  not  to  exceed  640  acres  in  the  form  of  a  square,  of  mineral  or 
coal  lands  in  said  reservation,  and  to  purchase  the  same,  will,  on  and 
after  August  15,  1906,  in  the  manner  hereinafter  prescribed,  and  not 
otherwise,  be  opened  to  settlement,  entry,  and  disposition  under  the 
general  provisions  of  the  homestead,  town-site,  coal,  and  mineral  land 
laws  of  the  United  States. 

******* 

The  lands  entered  under  the  town-site,  coal,  and  mineral  land  laws 
shall  be  paid  for  in  amount  and  manner  provided  by  the  laws  under 
which  they  are  entered,  and  unless  entry  and  payment  under  mineral 
locations  shall  be  made  within  three  years  from  date  of  location  all 
rights  thereunder  shall  cease. 

All  persons  are  especially  admonished  that  under  said  act  of  Con- 
gress approved  March  3,  1905,  it  is  provided  that  no  person,  shall  be 
permitted  to  settle  upon,  occupy,  or  enter  any  of  said  lands  except 
in  the  manner  prescribed  in  this  proclamation  until  after  the  expira- 
tion of  60  daj^s  from  the  time  when  the  same  are  opened  to  settle- 
ment and  entry.  After  the  expiration  of  said  period  of  60  days,  but 
not  before,  as  herein  prescribed,  any  of  said  lands  remaining  undis- 
posed of  may  be  settled  upon,  occupied,  entered,  or  located  under 
the  general  provisions  of  the  homestead,  town-site,  coal  and  mineral 
land  laws  of  the  United  States  in  like  manner  as  if  the  manner 
affecting  such  settlement,  occupancy,  entry,  and  location  had  not 
been  prescribed  herein  in  obedience  to  law. 

The  Secretary  of  the  Interior  shall  prescribe  all  needful  rules  and 
regulations  necessary  to  carry  into  full  effect  the  opening  herein  pro- 
vided for. 

A.  PROCLAMATION  OPENING  CEDED  LANDS. 

1.  Settlement  prohibited — Location  of  mining  claims. 

2.  Mineral  location — Payment  to  preserve  rights. 

1.  settlement  prohibited — location  of  mining  claims. 

This  proclamation  does  not  prohibit  persons  from  going  upon  or  entering  upon  the 
ceded  lands,  but  only  prohibits  the  settlement  upon  or  the  occupancy  thereof  for  the 
purpose  of  initiating  any  rights,  but  any  such  lands  remaining  undisposed  of  after  the 
expiration  of  the  60-day  period  could  immediately  be  located  as  a  mining  claim  or  for 
other  purposes  by  persons  already  upon  the  land, 

Leclair  v.  Hawley,  18  Wyo.  23,  p.  39. 

2.  MINERAL  LOCATION  PAYMENT  TO  PRESERVE  RIGHTS. 

By  this  proclamation  lands  in  the  Shoshone  Indian  Reservation  ceded  to  the  Gov- 
ernment by  the  act  of  March  3,  1905  (33  Stat.  1016),  entered  under  town-site,  coal,  and 
mineral  land  laws,  must  be  paid  for  in  amount  and  manner  provided  by  the  laws  under 
which  they  are  entered,  and  unless  entry  and  payment  under  mineral  locations  are 
made  within  three  years  from  date  of  location  all  rights  thereunder  shall  cease. 

Leclair  v.  Hawley,  18  Wyo.  23,  p.  34. 


INDIAN   LANDS^  TP.  952-10^7. 


983 


35  STAT.  460,  MAY  29,  1908. 

CLASSIFICATION— CHEYENNE  AND  STANDING  ROCK. 

AN  ACT  To  authorize  the  sale  and  disposition  of  a  portion  of  the  surplus  and  unallotted 
lands  in  the  Cheyenne  River  and  Standing  Rock  Indian  Reservations  in  the  States  of 
South  Dakota  and  North  Dakota,  and  making  appropriation  and  provision  to  carry 
the  same  into  effect. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and  he  is 
hereby,  authorized  and  directed,  as  hereinafter  provided,  to  sell  and 
dispose  of  all  that  portion  of  the  Cheyenne  River  and  Standing  Rock 
Indian  Reservations  in  the  States  of  South  Dakota  and  North  Dakota 
lying  and  being  within  the  following  described  boundaries,  to  wit: 
(description) . 

Sec.  2.  *  *  *  Provided  further.  That  the  Secretary  of  the  In- 
terior be,  and  he  is  hereby,  authorized  and  directed  to  cause  to  be  sur- 
veyed all  the  lands  embraced  within  said  reservations,  and  to  cause 
an  examination  to  be  made  of  the  lands  by  experts  of  the  Geological 
Survey,  and  if  there  be  found  any  lands  bearing  coal,  the  said  Secre- 
tary is  hereby  authorized  to  reserve  them  from  allotment  or  dispo- 
sition until  further  action  by  Congress:  Provided  further,  That  the 
rights  of  honorably  discharged  Union  soldiers  and  sailors  of  the  late 
civil  and  Spanish  wars  or  Philippine  insurrection,  as  defined  and 
described  in  sections  2304  and  2305  R.  S.,  as  amended  by  the  act  of 
March  1,  1901  (31  Stat.  847),  shall  not  be  abridged. 

Sec.  3.  That  the  price  of  said  lands  entered  as  homesteads  under 
the  provisions  of  this  act  shall  be  fixed  by  appraisement  as  herein 
provided.  The  President  of  the  United  States  shall  appoint  two 
commissions,  one  for  each  reservation,  each  commission  to  consist  of 
three  persons  to  inspect,  appraise,  and  value  all  of  said  lands  that 
shall  not  have  been  allotted  in  severalty  to  said  Indians,  or  reserved 
by  the  Secretary  of  the  Interior  or  otherwise  disposed  of,  and  except- 
ing sections  16  and  36  in  each  of  said  townships,  *  *  *.  That 
said  commissioners  shall  then  proceed  to  personally  inspect,  classify, 
and  appraise,  in  160-acre  tracts  each,  all  of  the  remaining  lands 
embraced  within  each  reservation  as  described  in  section  one  of  this 
act.  In  making  such  classification  and  appraisement  said  lands  shall 
be  divided  into  the  following  classes:  First,  agricultural  land  of  the 
first  class;  second,  agricultural  land  of  the  second  class;  third,  graz- 
ing land;  fourth,  timber  land;  fifth,  mineral  land,  if  any,  the  mineral 
land  not  to  be  appraised.    *    *  * 

35  STAT.  465,  p.  467,  MAY  29,  1908. 

MINING  LAWS  EXTENDED. 

AN  ACT  Authorizing  a  resurvey  of  certain  townships  in  the  State  of  Wyoming,  and 

for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  11.  That  all  the  provisions  of  the  mining  laws  of  the  United 
States  are  hereby  extended  and  made  applicable  to  the  undisposed-of 
lands  in  the  Bitter  Root  Valley,  State  of  Montana,  above  the  mouth 
of  the  Lo  Lo  Fork  of  the  Bitter  Root  River,  designated  in  the  act  of 
June  5,  1872:  Provided,  That  all  mining  locations  and  entries  here- 
tofore made  or  attempted  to  be  made  upon  said  lands  shall  be  deter- 


984  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

mined  by  the  Department  of  the  Interior  as  if  said  lands  had  been 
subject  to  mineral  location  and  entry  at  the  time  such  locations  and 
entries  were  made  or  attempted  to  be  made:  And  provided  further, 
That  this  act  shall  not  be  applicable  to  lands  withdrawn  for  adminis- 
tration sites  for  use  of  the  Fo^-est  Service. 

35  STAT.  558,  p.  561,  MAY  30,  1908. 

FORT  PECK  LANDS  OPENED— MINERALS  RESERVED. 

AN  ACT  For  the  survey  and  allotment  of  lands  now  embraced  within  the  limits  of  the 
Fort  Peck  Indian  Reservation,  in  the  State  of  Montana,  and  the  sale  and  disposal  of 
all  the  surplus  lands  after  allotment. 

Be  it  enacted,  etc.,  That  the  Secretry  of  the  Interior  be,  and  he 
is  hereby,  authorized  and  directed  to  cause  to  be  surveyed  aU  the 
lands  embraced  within  the  limits  of  the  Fort  Peck  Indian  Reserva- 
tion, in  the  State  of  Montana,  and  to  cause  an  examination  of  the 
lands  within  such  reservation  to  be  made  by  the  Reclamation  Service 
and  by  experts  of  the  Geological  Survey,  and  if  there  be  found  any 
lands  which  it  may  be  deemed  practicable  to  bring  under  an  irrigation 
project,  or  any  lands  bearing  lignite  coal,  the  Secretary  of  the  Interior 
is  hereby  authorized  to  construct  such  irrigation  projects  and  reserve 
such  lands  as  may  be  irrigable  therefrom,  or  necessary  for  irrigation 
works,  and  also  coal  lands  as  may  be  necessary  to  the  construction  and 
maintenance  of  any  such  projects. 

Sec.  6.  That  said  commissioners  shall  then  proceed  to  personally 
inspect  and  classify  and  appraise  by  the  smallest  legal  subdivisions 
of  40  acres  each  all  of  the  remaining  lands  embraced  within  said 
reservation.  In  making  such  classification  and  appraisement  said 
lands  shall  be  divided  into  the  following  classes:  First,  agricultural 
land;  second,  grazing  land;  third,  arid  land;  fourth,  mineral  land, 
the  mineral  land  not  be  appraised;  that  said  commissioners  shall  be 
paid  a  salary  of  not  to  exceed  $10  per  day  each  while  actually  em- 
ployed in  the  inspection  and  classification  of  said  lands,  such  inspec- 
tion and  classification  to  be  completed  within  nine  months  from  the 
date  of  the  organization  of  said  commission. 

Sec.  7.  That  when  said  commission  shall  have  completed  the  clas- 
sification and  appraisement  of  said  lands,  and  the  same  shall  have  been 
approved  by  the  Secretary  of  the  Interior,  the  lands  shall  be  disposed 
of  under  the  general  provisions  of  the  homestead,  desert-land,  mineral, 
and  town-site  laws  of  the  United  States,  except  sections  16  and  36  of 
each  township,  or  any  part  thereof,  for  which  the  State  of  Montana 
has  not  heretofore  received  indemnity  lands  under  existing  laws, 
which  sections,  or  parts  thereof,  are  hereby  granted  to  the  State 
of  Montana  for  school  purposes.  And  in  case  either  of  said  sections, 
or  parts  thereof,  is  lost  to  the  State  by  reason  of  allotment  thereof 
to  any  Indian  or  Indians,  or  by  reservation  or  withdrawal  under  the 
provisions  of  this  act  or  otherwise,  the  governor  of  said  State,  with 
the  approval  of  the  Secretary  of  the  Interior,  is  hereby  authorized  to 
select  other  unoccupied,  unreserved,  nonmineral  lands  within  said 
reservation,  not  exceeding  two  sections  in  any  one  township,  which 
selections  must  be  made  within  the  60  days  immediately  prior  to  the 
date  fixed  by  the  President's  proclamation  opening  the  surplus 


INDIAN  LANDS,  PP.  952-1037. 


985 


lands  to  settlement:  Provided,  That  the  United  States  shall  pay  to 
the  said  Indians  for  the  lands  in  said  sections  1 6  and  36,  so  granted, 
or  the  lands  within  said  reservation  selected  in  lieu  thereof,  the  sum 
$1.25  per  acre. 

Sec.  12.  That  the  lands  within  said  reservation  however  classified, 
shall,  on  and  after  60  days  from  the  date  fixed  by  the  President's 
proclamation  openmg  said  lands,  be  subject  to  exploration,  location, 
and  purchase  under  the  general  provisions  of  the  United  States 
mineral  and  coal  land  laws  at  not  less  than  the  price  therein  fixed 
and  not  less  than  the  appraised  value  of  the  land,  except  that  no  min- 
eral or  coal  exploration,  location,  or  purchase  shall  be  permitted  upon 
any  lands  allotted  to  Indians  or  withdrawn  under  the  provisions  of 
this  act. 

36  STAT.  440,  MAY  27,  1910. 

SALE  OF  SURPLUS— PINE  RIDGE. 

AN  ACT  To  authorize  the  sale  and  disposition  of  the  surplus  and  unallotted  lands  in 
Bennett  County,  in  the  Pine  Ridge  Indian  Reservation,  in  the  State  of  South 
Dakota,  and  making  appropriation  to  carry  the  same  into  effect. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and  he  is 
hereby,  authorized  and  directed,  as  hereinafter  provided,  to  sell  and 
dispose  of  all  that  portion  of  the  Pine  Ridge  Indian  Reservation,  in 
the  State  of  South  Dakota,  lying  and  being  in  Bennett  County  and 
described  as  follows:  [description]  Provided,  That  any  Indians  to 
whom  allotments  have  been  made  on  the  tract  to  be  ceded  may,  in 
case  they  elect  to  do  so  before  said  lands  are  offered  for  sale,  relin- 
quish same  and  select  allotments  in  lieu  thereof  on  the  diminished 
reservation.    *    *  * 

Sec.  2.  That  the  lands  shall  be  disposed  of  under  the  general  pro- 
visions of  the  homestead  and  town-site  laws  of  the  United  States,  and 
shall  be  opened  to  settlement  and  entry  by  proclamation  of  the 
President,  which  proclamation  shall  prescribe  the  manner  in  which 
the  lands  may  be  settled  upon,  occupied,  and  entered  by  persons 
entitled  to  make  entry  thereof ;  and  no  person  shall  be  permitted  to 
settle  upon,  occupy,  or  enter  any  of  said  lands  except  as  prescribed 
in  such  proclamation:  Provided,  That  prior  to  said  proclamation 
the  allotments  within  the  portion  of  the  said  Pine  Ridge  Reservation 
to  be  disposed  of  as  described  herein  shall  have  been  completed. 

*  *  *  The  President  shall  appoint  a  commission  to  consist  of  three 
persons  to  classify,  appraise,  and  value  all  of  said  lands  that  shall 
not  have  been  allotted  in  severalty  to  said  Indians,  or  reserved  by 
the  Secretary  of  the  Interior,  or  otherwise  disposed  of,  and  excepting 
sections  16  and  36  or  other  lands  which  may  be  selected  in  lieu 
thereof  by  the  State  of  South  Dakota,  in  each  of  said  townships. 

*  *  *  That  within  20  days  after  their  appointment  the  said 
commissioners  shall  meet  and  organize  by  the  election  of  one  of 
their  number  as  chairman.  The  said  commissioners  shall  then 
proceed  to  personally  inspect,  classify,  and  appraise,  in  160-acre 
tracts  each,  all  of  the  remaining  unallotted  lands  embraced  withui 
that  portion  of  the  reservation  described  in  section  1  of  this  act. 
In  making  such  classification  and  appraisement  said  lands  shall  be 
divided  into  the  following  classes:  First,  agricultural  land  of  the 

56974°— Bull.  94,  pt  2— 15  11 


986 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


first  class;  second,  agricultural  land  of  the  second  class;  third,  grazing 
land;  fourth,  timber  land;  fifth,  mineral  land,  if  any,  but  the  mineral 
and  timber  lands  shall  not  be  appraised:  Provided,  That  timber 
lands  shall  be  classified  without  regard  to  acreage. 

******* 

36  STAT.  448,  MAY  30,  1910. 

SALE  OF  SURPLUS— EOSEBUD. 

AN  ACT  To  authorize  the  sale  and  disposition  of  a  portion  of  the  surplus  and  unalloted 
lands  in  Mellette  and  Washabaugh  counties  in  the  Rosebud  Indian  Reservation  in 
the  State  of  South  Dakota,  and  making  appropriation  and  provision  to  carry  the 
same  into  effect. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and  he  is 
hereby,  authorized  and  directed,  as  hereinafter  provided,  to  sell  and 
dispose  of  all  that  portion  of  the  Rosebud  Indian  Reservation,  in  the 
State  of  South  Dakota,  lying  and  being  within  the  counties  of  Mel- 
lette and  Washabaugh,  south  of  the  White  River,  *  *  *  except 
such  portions  thereof  as  have  been  or  may  be  hereafter  allotted  to 
Indians  or  otherwise  reserved,  and  except  lands  classified  as  timber 
lands:  Provided,  That  any  Indians  to  whom  allotments  have  been 
made  on  the  tract  to  be  ceded  may,  in  case  they  elect  to  do  so  before 
said  lands  are  offered  for  sale,  relinquish  same  and  select  allotments 
in  lieu  thereof  on  the  diminished  reservation. 

Sec.  2.  That  the  lands  shall  be  disposed  of  under  the  general  pro- 
visions of  the  homestead  and  town-site  laws  of  the  United  States,  and 
shall  be  opened  to  settlement  and  entry  by  proclamation  of  the  Pres- 
ident, which  proclamation  shall  prescribe  the  manner  in  which  the 
lands  may  be  settled  upon,  occupied,  and  entered  by  persons  entitled 
to  make  entry  thereof,  and  no  person  shall  be  permitted  to  settle 
upon,  occupy,  or  enter  any  of  said  lands  except  as  prescribed  in  such 
proclamation:  Provided,  That  prior  to  said  proclamation  the  allot- 
ments within  the  portion  of  the  said  Rosebud  Reservation  to  be  dis- 
posed of  as  prescribed  herein  shall  have  been  completed.    *    *  * 

*  *  *  The  President  shall  appoint  a  commission  to  consist  of 
three  persons  to  classify,  appraise,  and  value  all  of  said  lands  that 
shall  not  have  been  alloted  in  severalty  to  said  Indians,  or  reserved 
by  the  Secretary  of  the  Interior  or  otherwise  disposed  of,  and  except- 
ing sections  16  and  36  or  other  lands  which  may  be  selected  in  lieu 
thereof  by  the  State  of  South  Dakota,  in  each  of  said  townships. 
*  *  *  The  said  commissioners  shall  then  proceed  to  personally 
inspect,  classify,  and  appraise,  in  160-acre  tracts  each,  all  of  the  re- 
maining unallotted  lands  embraced  within  that  portion  of  the  reser- 
vation described  in  section  1  of  this  act.  In  making  such  classifica- 
tion and  appraisement  said  lands  shall  be  divided  into  the  following 
classes:  First,  agricultural  land  of  the  first  class;  second,  agricultural 
land  of  the  second  class;  third,  grazing  land;  fourth,  timber  land; 
fifth,  mineral  land,  if  any,  but  the  mineral  and  timber  lands  shall  not 
be  appraised:  Provided,  That  timber  lands  may  be  classified  without 
regard  to  acreage:  And  provided  further,  That  all  lands  classified  as 
timber  lands  shall  be  reserved  for  the  use  of  the  Rosebud  Indians. 


INDIAN  LANDS,  PP.  952-1037. 


987 


36  STAT.  1068,  pp.  1064,  1075,  MARCH  3,  1911. 

FORT  HALL  RESERVATION— STONE  QUARRIES  RESERVED. 

AN  ACT  Making  iippropriatioiiH  for  the  current  and  contingent  expenses  of  the  Bureau 
of  Indian  Affairs,  for  fuHilling  treaty  stipulations  with  various  Indian  tribes,  for  the 
fiscal  year  ending  June  30,  1912. 

Be  it  enacted,  etc.,  That  the  following  sums  be,  and  they  are 
hereby,  appropriated  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated  for  the  purpose  of  paying  the  current  and  con- 
tingent expenses  of  the  Bureau  of  Indian  Affairs,  for  fulfilling  treaty 
stipulations  with  various  Indian  tribes,  and  in  full  compensation 
for  all  offices  the  salaries  for  which  are  provided  for  herein  for  the 
service  of  the  fiscal  year  ending  June  30,  1912,  namely: 

That  the  Secretary  of  the  Interior  is  hereby  authorized  to  set  aside 
and  reserve  so  much  of  the  timber  land  of  the  Fort  Hall  Reservation 
as  he  may  deem  necessary  to  provide  timber  for  the  domestic  use  of 
the  Indians,  not  exceedmg  m  aggregate  two  townships  of  land; 
*  *  *  and  the  said  Secretary  is  hereby  authorized  to  set  aside  and 
reserve  certain  lands  chiefly  valuable  for  the  stone  quarries  situated 
thereon,  not  to  exceed  in  aggregate  320  acres  of  land;  and  authority  is 
hereby  granted  the  said  Secretary  to  lease  said  stone  quarries,  or,  in 
his  discretion,  to  operate  said  quarries  for  the  benefit  of  the  Indians 
of  the  Fort  Hall  Reservation  and  to  sell  the  stone  quarried  therefrom, 
the  net  proceeds  derived  from  said  quarries  to  be  deposited  in  the 
Treasury  of  the  United  States  to  the  credit  of  said  Indians  and  ex- 
pended for  their  benefit  in  such  manner  as  the  said  Secretary  may 
prescribe. 

The  Secretary  of  the  Interior  is  authorized  to  sell  and  convey  the 
lands,  buildings,  and  other  appurtenances  of  the  old  Fort  Spokane 
Military  Reservation,  now  used  for  Indian  school  purposes,  and 
adjoining  the  Colville  Reservation,  in  the  State  of  Washington, 
containing  approximately  640  acres,  and  to  use  the  proceeds  thereof 
not  to  exceed  $35,000  in  the  establishment  and  maintenance  of  such 
new  schools  and  administration  of  affairs  as  may  be  required  by  the 
Colville  and  Spokane  Indians  in  said  State:  Provided,  That  the  Secre- 
tary of  the  Interior  is  authorized  in  his  discretion  to  reserve  from  sale 
or  other  disposition  any  part  of  said  reservation  chiefly  valuable  for 
power  sites  and  reservoir  sites  and  land  valuable  for  minerals:  Pro- 
vided further,  That  in  the  case  of  land  reserved  on  account  of  minerals, 
the  Secretary  of  the  Interior  may  sell  the  surface  under  such  regula- 
tions as  he  may  prescribe:  Provided  further.  That,  in  the  discretion 
of  the  Secretary  of  the  Interior,  the  surface  of  the  lands  may  be  sold 
separate  from  any  minerals  that  may  be  found  thereunder. 

The  Secretary  of  the  Interior  shall  report  to  Congress  at  its  next 
session  his  action  in  the  premises. 


988 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


37  STAT.  86,  APRIL  18,  1912. 

MINERAL  RIGHTS  AND  ROYALTIES. 

AN  ACT  Supplementary  to  and  amendatory  of  the  act  entitled  "An  act  for  the  divi- 
sion of  the  lands  and  funds  of  the  Osage  Nation  of  Indians  in  Oklahoma,"  approved 
June  28,  1906,  etc. 

Be  it  enacted,  etc.,  That  until  the  inherited  lands  of  the  deceased 
members  of  the  Osage  Tribe  of  Indians  shall  be  partitioned  or  sold 
the  Secretary  of  the  Interior  be,  and  he  hereby  is,  authorized  to  pay 
the  taxes  on  said  land  out  of  any  money  due  and  payable  to  the  heirs 
from  the  segregated  decedent's  funds  in  the  Treasury  of  the  United 
States. 

^  5jc  5|c  jj?  5|c 

Sec.  4.  That  nothing  herein  shall  be  construed  as  in  any  way 
changing  the  rights  of  the  Osage  Tribe  in  oil,  gas,  coal,  and  other 
minerals  as  fixed  in  the  Osage  Act  of  June  28,  1906  (34  Stat.  543), 
or  in  any  manner  be  construed  to  change  or  amend  the  provisions 
of  said  act  in  regard  to  oil,  gas,  coal,  or  other  minerals. 

Sec.  10.  That  section  4,  paragraph  4,  of  the  Osage  allotment  act, 
approved  June  28,  1906  (34  Stat.  539),  be,  and  the  same  hereby  is, 
amended  to  read  as  follows: 

'^Fourth.  There  shall  be  set  aside  and  reserved  from  the  royalties 
received  from  oil,  gas,  or  other  tribal  mineral  rights  or  other  tribal 
funds,  however  arising,  not  to  exceed  $40,000  per  annum  for  agency 
purposes  and  as  an  emergency  fund,  which  money  shall  be  paid  out 
from  time  to  time  upon  the  requisition  of  the  Osage  tribal  council 
with  the  approval  of  the  Secretary  of  the  Interior:  Provided,  That  the 
provision  of  the  act  entitled  ^An  act  making  appropriations  for  the 
current  and  contingent  expenses  of  the  Indian  Department  and  for 
fulfilling  treaty  stipulations  with  the  various  Indian  tribes  for  the 
fiscal  year  ending  June  30,  1898,  and  for  other  purposes,'  approved 
June  7,  1897  (30  Stat.  90),  limiting  the  amount  of  money  to  be 
expended  for  salaries  of  regular  employees  at  any  one  agency  shall 
not  hereafter  apply  to  the  Osage  Agency. 


II.  COAL,  OIL,  AND  ASPHALTUM  LANDS— LEASES. 


22  STAT.  178,  JULY  28,  1882. 

LANDS  MADE  PUBLIC— UTE  INDIANS. 

AN  ACT  Relating  to  lands  in  Colorado  lately  occupied  by  the  Uncompahgre  and  White 

River  Ute  Indians. 

Be  it  enacted,  etc.,  That  all  of  that  portion  of  the  Ute  Indian 
Reservation  in  the  State  of  Colorado  lately  occupied  by  the  Uncom- 
pahgre and  White  River  Utes  be,  and  the  same  is  hereby,  declared 
to  be  public  land  of  the  United  States,  and  subject  to  disposal  from 
and  after  the  passage  of  this  act,  in  accordance  with  the  provisions 
and  under  the  restrictions  and  limitations  of  section  3  of  the  act  of 
Congress  approved  June  15,  1880  (21  Stat.  199),  chapter  223,  except 
as  hereinafter  provided,  under  regulations  to  be  prescribed  by  the 
Secretary  of  the  Interior  in  accordance  with  the  provisions  of  this  act. 

Sec.  3.  That  all  entries,  settlements,  or  locations  heretofore  made, 
under  any  law  of  the  United  States,  by  duly  qualified  persons,  upon 
a  strip  of  la  ad  extendmg  northerly  and  southerly,  not  exceeding 
10  miles  in  width,  within  that  part  of  the  Ute  Indian  Reservation  in 
the  State  of  Colorado  lately  occupied  by  the  Uncompahgre  and  White 
River  Ute  Indians,  and  bounded  on  the  east  by  the  one  hundred  an 
seventh  meridian  of  longitude  west  from  Greenwich,  shall  legally 
date  from  the  time  they  were  respectively  made ;  and  the  rights  of 
said  persons  shall  be  in  aU  respects  the  same  as  if  the  lands  had  been 
legally  subject  to  their  claims  when  the  same  were  initiated:  Pro- 
vided, however,  That  if  homestead  entries  have  been  made  on  said 
strip  the  lands  so  entered  shall  be  paid  for  in  cash,  after  proof  which 
would  be  satisfactory  under  the  preemption  laws:  And  provided 
further.  That  none  of  said  lands  shall  be  disposed  of  for  any  con- 
sideration other  than  cash,  nor  for  a  less  price  than  $1.25  per  acre. 

A.  COAL  LANDS— UNLAWFUL  ENTRY  PROTECTED. 

B.  PRICE  OF  COAL  LANDS,  p.  990. 

C.  FAILURE  TO  COMPLY  WITH  STATUTE— EFFECT,  p.  990. 

A.  COAL  LANDS— UNLAWFUL  ENTRY  PROTECTED. 

The  occupation  of  land  within  this  10-mile  strip  at  any  time  after  1868  and  prior 
to  the  date  of  this  act  was  irregular  and  contrary  to  law  and  the  occupants  acquired 
no  rights  by  reason  of  such  occupation,  or  of  any  improvements  made  thereon,  as  in  the 
eye  of  the  law  they  were  trespassers;  but  this  act  extended  to  them  a  protection  which 
they  could  not  claim  under  the  general  laws  and  legalize  their  otherwise  illegal  occu- 
pation and  permitted  them  to  hold  and  ultimately  acquire  title  to  coal  lands  which 
they  had  entered. 

Foster,  In  re,  2  L.  D.  730,  p.  733. 

989 


990  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


B.  PRICE  OF  COAL  LANDS. 

This  act  does  not  affect  the  price  of  coal  lands,  and  the  general  rule  that  the  price 
depends  upon  the  circumstances  at  the  date  of  entry  must  be  followed  without  regard 
to  lands  in  the  10-mile  strip  mentioned  herein. 

Foster,  In  re,  2  L.  D.  730,  p.  733. 

The  question  of  the  price  of  coal  land  within  the  lO-mile  strip  depends  upon  the 
construction  of  this  act,  and  the  act  was  remedial  in  its  nature,  and  accordingly  the 
price  of  coal  land  is  not  affected  by  the  act,  and  the  general  rule  that  the  price  depends 
upon  the  circumstances  at  the  date  of  entry  must  be  followed  with  regard  to  lands 
within  the  10-mile  strip  as  well  as  in  other  cases. 

Foster,  In  re,  2  L.  D.  730,  p.  733, 

The  fact  that  the  act  provides  that  the  price  of  the  land  in  this  10-mile  strip  shall 
not  be  less  than  $1.25  per  acre  is  not  controlling,  and  the  price  must  be  determined  by 
the  general  law  fixing  the  price  of  coal  land,  and  the  land  must  be  paid  for  at  the  rate 
of  |20  per  acre  where  it  lies  within  15  miles  of  a  completed  railroad,  accessible  or  other- 
wise. 

Foster,  In  re,  2  L.  D.  730,  p.  733. 

Delay  in  payment  of  the  purchase  price  not  being  due  to  the  laches  of  the  parties, 
the  right  to  purchase  the  land  at  $10  per  acre  is  among  the  rights  contemplated  by 
this  act. 

Foster,  In  re,  2  L.  D.  730,  p.  733. 

C.  FAILURE  TO  COMPLY  WITH  STATUTE— EFFECT. 

Where  an  application  for  coal  lands  shows  that  the  applicant  failed  either  to  com- 
ply with  the  law  requiring  a  declaratory  statement  to  be  filed  within  60  days,  or  he  did 
not  enter  into  possession  of  the  lands  and  commence  improvement  thereon  during 
their  suspension  from  sale,  or  before  such  suspension,  the  applicant  can  not  claim 
relief  under  the  statute,  for  his  rights  can  not  be  regarded  as  ''heretofore"  acquired 
under  the  latter  alternative,  and  under  the  former  he  lost  all  rights  acquired  duriijg 
the  suspension  by  his  failure  to  comply  with  the  act. 

Foster,  In  re,  2  L.  D.  730,  p.  734. 

Rights  acquired  by  persons  during  the  suspension  from  sale  of  lands  located  in 
the  10-mile  strip  described  in  section  3  of  this  act  were  lost  by  failure  to  file  declaratory 
statements  within  60  days  from  the  passage  of  this  act. 

Foster,  In  re,  2  L.  D.  730,  p.  734. 

22  STAT.  582,  p.  590,  MARCH  3,  1883. 

PROCEEDS  OF  SALES  OF  COAL,  ETC. 

AN  ACT  Maldng  appropriations  to  supply  deficiencies  in  the  appropriations  for  the 
fiscal  year  ending  June  30,  1883. 

Be  it  enacted,  etc.,    *    *  * 

^  *  H<  *  *  *  Hi 

The  proceeds  of  all  pasturage  and  sales  of  timber,  coal,  or  other 
product  of  any  Indian  reservation,  except  those  of  the  Five  Civilized 
Tribes,  and  not  the  result  of  the  labor  of  any  member  of  such  tribe, 
shall  be  covered  into  the  Treasury  for  the  benefit  of  such  tribe  under 
such  regulations  as  the  Secretary  of  the  Interior  shall  prescribe;  and 
the  Secretary  shall  report  his  action  in  detail  to  Congress  at  its  next 
session. 


INDIAN  LANDS,  PP.  952-1037. 


991 


25  STAT.  783,  p.  784,  1  SUPP.  R.  S.  670,  p.  671,  MARCH  1,  1889. 

MINING  LEASES— JURISDICTION  OF  COURTS. 
AN  ACT  To  establish  a  United  States  Court  in  the  Indian  Territory. 
Be  it  enacted,  etc.,    *    *  * 

Sec.  6.  That  the  court  hereby  estabhshed  shall  have  jurisdiction 
in  all  civil  cases  between  citizens  of  the  United  States  who  are  resi- 
dents of  the  Indian  Territory,  or  between  citizens  of  the  United  States, 
or  of  any  State  or  Territory  therein,  and  any  citizen  of  or  person  or 
persons  residing  or  found  in  the  Indian  Territory,  and  when  the  value 
of  the  thing  in  controversy,  or  damages  or  money  claimed  shall 
amount  to  $100  or  more:  Provided,  That  nothing  herein  contained 
herein  shall  be  so  construed  as  to  give  the  court  jurisdiction  over  con- 
troversies between  persons  of  Indian  blood  only:  And  provided 
further,  That  all  laws  having  the  effect  to  present  the  Cherokee, 
Choctaw,  Creek,  Chickasaw,  and  Seminole  Nations,  or  either  of  them, 
from  lawfully  entering  into  leases  or  contracts  for  mining  coal  for 
a  period  not  exceeding  10  years,  are  hereby  repealed;  and  said  court 
shall  have  jurisdiction  over  all  controversies  arising  out  of  said 
mining  leases  or  contracts  and  of  all  (questions  of  mining  rights  or 
invasions  thereof  where  the  amount  involved  exceeds  the  sum  of 
$100. 

A.  COXJIITS  IN  INDIAN  TERIlITGItY. 

B.  COAL  LEASE— POWER  OF  INDIAN  NATION  TO  EXECUTE. 

A.  COITRTS  IN  INDIAN  TERRITORY. 

1.  JURISDICTION — COAL  LEASES. 

The  Federal  coarts  have  concurrent  jurisdiction  with  the  courts  of  the  Indian 
nations  of  actions  invohing  the  construction  of  leases  or  contracts  for  mining  coal 
under  this  statute. 

Standley  v.  Roberts,  59  Fed.  836,  p.  845. 

B.  COAL  LEASE— POWER  OF  INDIAN  NATION  TO  EXECUTE. 

A  person  in  the  lawful  possession  and  entitled  to  the  usufruct  of  lands  in  the  Choctaw 
Nation  can  grant  leases  to  mine  coal  on  such  lands  for  such  royalties  as  might  be  agreed 
upon. 

Atoka  Coal  &  Min.  Co.  v.  Adams,  104  Fed.  472. 
See  Ellis  v.  Fitzpatrick,  118  Fed.  430. 
McBride  v.  Farrington,  131  Fed.  797,  p.  802. 

A  coal  lease  by  an  Indian  nation  without  any  definite  period  of  time  for  which  it 
will  run  is  valid  and  authorizes  the  mining  of  coal  for  a  period  not  exceeding  10  years. 
McBride  v.  Farrington,  149  Fed.  114,  p.  115. 

A  lease  by  an  Indian  nation  for  the  mining  of  coal,  iron,  petroleum,  oil,  gas,  asphal- 
tum,  and  other  minerals  is  valid  as  to  coal  though  void  as  to  all  other  minerals. 
McBride  v.  Farrington,  149  Fed.  114,  p.  115. 

This  section  repeals  all  laws  theretofore  enacted  to  prevent  the  Chickasaw  Indian 
Nation,  as  well  as  other  Indian  nations,  from  lawfully  making  leases  for  mining  coal 
for  a  period  not  exceeding  10  years  and  jurisdiction  over  all  controversies  arising  out 
of  such  leases  is  expressly  vested  in  the  Federal  court  established  by  the  act,  and  coal 


992  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


leases  which  do  not  transfer  the  title  if  made  pursuant  to  the  laws  of  the  nation,  and 
not  in  violation  of  some  particular  statute  of  the  United  States,  are  valid. 
McBride  v.  Farrington,  131  Fed.  797,  p.  805. 

This  amendment  repeals  all  laws  theretofore  enacted  to  prevent  any  Indian  nation 
from  lawfully  making  leases  for  mining  coal  for  a  period  not  exceeding  10  years. 
McBride  v.  Farrington,  149  Fed.  114,  p.  115. 

26  STAT.  640,  OCTOBER  1,  1890. 

COAL  LEASES— CHOCTAW  NATION. 

AN  ACT  Giving  the  assent  of  the  United  States  to  certain  leases  of  rights  to  mine 
coal  in  the  Choctaw  Nation. 

Be  it  enacted,  etc.,  That  the  consent  of  the  United  States  is  hereby 
given,  upon  the  conditions  and  with  the  hmitations  hereinafter  set 
forth,  and  no  farther,  to  the  following  described  leases  of  coal  rights, 
which  citizens  of  the  Choctaw  Nation  have  made  to  the  Choctaw  Coal 
&  Railway  Co.,  a  corporation  created  by  the  laws  of  the  State  of  Min- 
nesota, copies  of  which  leases,  11  in  number,  have  been  filed  and 
deposited  with  the  Secretary  of  the  Interior,  namely:  (Here  follows 
a  description  of  the  11  different  leases.)    *    *  * 

Second.  That  no  one  of  said  leases  shall  continue  in  force  for  a 
longer  period  than  30  years  from  the  passage  of  this  act. 

Third.  That  the  lessees,  or  those  holding  under  them,  shall,  during 
the  first  week  of  each  month,  render  to  the  Secretary  of  the  Interior 
a  statement  under  the  oath  of  its  president,  or  at  least  one  of  any 
joint  owners  under  said  lessee  (leases),  showing  the  amount  of  coal 
taken  from  the  mines  covered  by  said  leases  as  herein  prescribed,  for 
the  month  preceding,  and  the  royalties  paid  to  the  said  Choctaw 
Nation,  and  the  individual  citizens  holding  said  rights,  and  the  price 
per  ton  the  same  has  been  sold  by  those  having  the  right  to  mine  the 
same  under  the  said  leases. 

Fourth.  That  no  higher  rate  per  ton  than  the  average  rate  per  ton 
for  which  such  coal  has  for  the  next  six  months  next  preceding  the 
1st  day  of  September,  1890,  been  sold  by  said  lessees,  or  those  holding 
under  them,  shall,  during  said  30  years,  be  exacted  of  any  purchaser, 
except  upon  the  written  permission  of  the  Secretary  of  the  Interior. 

Fifth.  That  all  the  obligations  of  said  leases,  except  as  the  same 
may  be  herein  modified  or  limited,  shall  be  faithfully  preserved  and 
performed  by  said  lessees,  or  those  holding  under  them,  and  that  no 
right  shall  be  claimed  or  exercised  in  the  lands  covered  by  said  leases 
or  the  surface  thereof,  except  such  as  shall  be  proper  and  necessary 
for  the  profitable  development  and  working  of  the  mines  therein,  and 
ingress  and  egress  to  and  from  the  same,  and  for  the  erection  and 
maintenance  of  necessary  and  proper  machinery  for  said  purposes. 

Sec.  2.  That  the  consent  hereby  given  shall  in  no  way  impair  or 
affect  the  rights  which  any  person  or  persons,  or  the  Chickasaw 
Nation  of  Indians,  may  have  had  before  the  passage  of  this  act  in  and 
to  the  subject-matter  of  said  leases.  And  nothing  in  this  act  con- 
tained shall  be  construed  as  validating,  impairing,  or  in  any  way 
affecting  the  right  of  the  lessors  to  make  the  same,  or  the  authority 
under  or  by  virtue  of  which  they  have  been  executed  or  any  other 
lease  or  leases  already  or  hereafter  made. 

Sec.  3.  That  any  violation  of,  or  failure  to  conform  to,  any  of  the 
conditions  or  limitations  herein  set  forth  on  the  part  of  the  said 


INDIAN  LANDS,  PP.  952-1037. 


993 


lessees,  or  those  holding  under  them,  shall  be  taken  and  deemed  to 
be  a  forfeiture  and  revocation  of  the  consent  herein  given  without 
further  action  on  the  part  of  the  United  States. 

26  STAT.  794,  p.  795,  FEBRUARY  28,  1891. 

LEASE  OF  ALLOTMENTS— AMENDMENT. 

AN  ACT  To  amend  an  act  approved  February  8,  1887,  entitled  "An  act  to  provide 
for  the  allotment  of  land  in  severalty  to  Indians  on  the  various  reservations,  and  to 
extend  the  protection  of  the  laws  of  the  United  States  over  the  Indians,  and  for 
other  purposes." 

Be  it  enacted,  etc.,    *    *  * 

Sec.  3.  That  whenever  it  shall  be  made  to  appear  to  the  Secretary 
of  the  Interior  that,  by  reason  of  age  or  other  disability,  any  allottee 
under  the  provisions  of  said  act,  or  any  other  act  or  treaty  can  not 
personally  and  with  benefit  to  himself  occupy  and  improve  his  allot- 
ment or  any  part  thereof  the  same  may  be  leased  upon  such  terms, 
regulations,  and  conditions  as  shall  be  prescribed  by  such  Secretary, 
for  a  term  not  exceeding  3  years  for  farming  or  grazing,  or  10  years 
for  mining  purposes:  Provided,  That  where  lands  are  occupied  by 
Indians  who  have  bought  and  paid  for  the  same,  and  which  lands  are 
not  needed  for  farming  or  agricultural  purposes,  and  are  not  desired 
for  individual  allotments,  the  same  may  be  leased  by  authority  of 
the  council  speaking  for  such  Indians,  for  a  period  not  to  exceed  5 
years  for  grazing,  or  10  years  for  mining  purposes  in  such  quantities 
and  upon  such  terms  and  conditions  as  the  agent  in  charge  of  such 
reservation  may  recommend,  subject  to  the  approval  of  the  Secretary 
of  the  Interior. 

A.  OIL  LEASE  BY  OSAGE  NATION  TO  FOSTER. 

1.  Rights  of  assignee. 

2.  Construction — ''Cultivated  inci.osures." 

1.  RIGHTS  OF  assignee. 

The  assignee  of  a  part  of  an  oil  lease  made  by  the  Osage  Nation  to  Edwin  B.  Foster, 
March  16,  1896,  has  the  same  rights  to  prospect  for,  drill,  and  bore  wells  upon  the  land 
as  the  original  grantee  would  have  had  under  the  original  lease  and  its  subsequent 
extension. 

Barnsdall  Oil  Co.  v.  Leahy,  195  Fed.  731,  p.  732. 

2.  CONSTRUCTION  ' 'CULTIVATED  INCLOSURES." 

The  lease  by  the  Osage  Nation  to  Edwin  B.  Foster  under  the  authority  of  this  act 
provided,  among  other  things,  that  the  lessee  or  those  acting  under  him  should  not 
prospect  for,  drill,  or  bore  any  wells  for  the  production  of  oil  or  gas  within  or  upon 
any  cultivated  inclosure  on  the  reservation  without  the  written  consent  of  the  occu- 
pant duly  acknowledged  before  the  United  States  Indian  agent,  and  the  term  "any 
cultivated  inclosure"  includes  an  inclosure  made  and  cultivated  after,  as  well  as 
One  made  and  cultivated  before,  the  date  of  the  lease,  and  the  purpose  of  the  provi- 
sion was  to  prevent  detriment  to  the  agricultural  interests  of  the  country  and  at  the 
same  time  to  permit  mining  for  oil  and  gas. 

Barnsdall  Oil  Co.  v.  Leahy,  195  Fed.  731,  p.  735. 

Under  the  provisions  of  a  lease  executed  by  the  Osage  Nation  prohibiting  the  lessee 
from  prospecting  for  or  drilling  or  boring  any  wells  for  the  production  of  oil  and  gas 


994 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


upon  any  cultivated  inclosure,  a  controversy  as  to  whether  the  lessor  began  the  culti- 
vation of  an  uncultivated  tract  before  the  lessee  took  any  steps  to  locate  and  prospect 
for  or  drill  wells  thereon,  must  be  determined  in  favor  of  the  lessor  who  first,  by  open 
and  notorious  acts,  in  good  faith  commenced  and  with  diligence  proceeded  to  subject 
an  uncultivated  tract  to  his  use,  and  after  such  commencement  all  subsequent  acts 
relate  back  to  the  initiation  of  his  first  proceeding, 
Barnsdall  Oil  Co.  v.  Leahy,  195  Fed.  731,  p.  736. 

A  provision  in  a  lease  executed  by  the  Osage  Nation  under  the  authority  of  this  act 
to  the  effect  that  neither  the  lessee  nor  his  assigns  shall  prospect  for,  or  drill  or  bore 
any  wells  for  the  production  of  oil  and  gas  within  or  upon  any  cultivated  inclosure 
can  not  be  extended  to  include  a  large  area  of  uncultivated  land  with  a  tract  of  culti- 
vated land  all  within  the  same  inclosure,  and  can  not  be  held  to  prohibit  the  pros- 
pecting for  or  drilling  or  boring  for  oil  and  gas  on  an  uncultivated  tract  within  an 
inclosure  containing  a  cultivated  tract,  if  such  operations  do  not  unnecessarily  inter- 
fere with  the  use  of  the  cultivated  tract  for  agricultural  purposes. 

Barnsdall  Oil  Co.  v.  Leahy,  195  Fed.  731,  p.  736. 

26  STAT.  989,  pp.  1026,  1031,  1036,  MARCH  3,  1891. 

LEASES. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the  Indian 
Department,  and  for  fulfilling  treaty  stipulations  with  various  Indian  tribes,  for 
the  year  ending  June  30,  1892. 

Be  it  enacted,  etc.,  That  the  following  sums  be,  and  they  are  hereby, 
appropriated,  out  of  any  money  in  the  Treasury  not  otherwise  ap- 
propriated, for  the  purpose  of  paying  the  current  and  contingent 
expenses  of  the  Indian  Department  for  the  year  ending  June  30, 
1892,  and  fulfilling  treaty  stipulations  with  the  various  Indian  tribes, 
namely:    *    *  * 

Sec.  18.  That  the  school  lands  reserved  in  the  Territory  of  Okla- 
homa by  this  and  former  acts  of  Congress  may  be  leased  for  a  period 
not  exceeding  three  years  for  the  benefit  of  the  school  fund  of  said 
Territory  by  the  governor  thereof,  under  regulations  to  be  prescribed 
by  the  Secretary  of  the  Interior. 

Sec.  22.  That  all  lands  so  sold  and  released  to  the  United  States, 
as  recited  or  described  in  both  of  said  agreements,  and  not  hereto- 
fore granted  or  reserved  from  entry  or  location,  shall,  on  the  passage 
of  this  act,  be  restored  to  the  public  domain,  and  shall  be  disposed 
of  by  the  United  States  to  actual  settlers  only,  under  the  provisions 
of  the  homestead  law,  except  section  2301  of  the  Revised  Statutes 
of  the  United  States,  which  shall  not  apply,  and  under  the  law 
relative  to  town-sites  or  to  locators  or  purchasers  under  the  mineral 
laws  of  the  United  States:  Provided,  That  each  settler  or  purchaser 
under  and  in  accordance  with  the  provisions  of  said  homestead  act, 
shall  pay  to  the  United  States,  for  the  lands  so  taken  by  him,  in  addi- 
tion to  the  fees  provided  by  law,  and  within  five  years  from  the  date 
of  the  first  original  entry,  the  sum  of  $1.50  per  acre,  one-half  of  which 
shall  be  paid  within  two  years. 

Sec  34.  That  whenever  any  of  the  lands  acquired  by  the  agree- 
ment with  the  said  Crow  Indians  hereby  ratified  and  confirmed  shall 
by  operation  of  law  or  the  proclamation  of  the  President  of  the  United 


INDIAN  LANDS,  PP.  952-1037. 


995 


States  be  open  to  settlement,  they  shall,  except  mineral  lands,  be 
disposed  of  to  actual  settlers  only,  under  the  provisions  of  the  home- 
stead laws,  excejit  section  2301  of  the  lievised  Statutes,  which  shall 
not  apply:  Provided,  however.  That  each  settler,  under  and  in 
accordance  with  the  provisions  of  said  homestead  laws,  shall,  before 
receivino^  a  patent  for  his  homestead,  pay  to  the  United  States  for 
the  lands  so  taken  by  him,  in  addition  to  the  fees  provided  by  law, 
and  within  five  years  from  the  date  of  the  first  original  entr}^  the  sum 
of  $1.50  for  each  acre  thereof  one-half  of  which  shall  be  paid  within 
two  years;  and  any  person  otherwise  qualified  who  has  attempted 
to,  but  for  any  cause  failed  to  secure  a  title  in  fee  to  a  homestead 
under  existing  law,  or  who  made  entry  under  what  is  known  as  the 
commuted  provision  of  the  homestead  law,  shall  be  qualified  to  make  a 
homestead  entry  upon  any  of  said  lands  in  conformity  with  the  pro- 
visions of  this  section.  That  any  person  who  may  be  entitled  to  the 
privilege  of  selecting  land  in  severalty  under  the  provisions  of  article 
6  of  the  treaty  of  May  7,  1868,  with  the  Crow  Indians,  and  which 
provisions  were  continued  in  force  by  the  agreement  with  said 
Indians  ratified  and  confirmed  by  the  act  of  Congress,  approved 
April  11,  1882,  or  any  other  act  or  treaty,  shall  have  the  right  for 
a  period  of  60  days  to  make  such  selection  in  any  part  of  the  Terri- 
tory by  said  agreement  ceded,  and  such  locations  are  hereby  con- 
firmed: Provided,  further.  That  all  white  persons  who  located  upon 
said  Crow  reservation  by  reason  of  an  erroneous  survey  of  the  bound- 
ary and  were  afterward  allowed  to  file  upon  their  location  in  the 
United  States  Land  Office,  shall  have  30  days  in  which  to  renew  their 
filings,  and  their  locations  are  hereby  confirmed,  and  that  in  all  cases 
where  claims  were  located  under  the  mining  laws  of  the  United 
States,  and  such  location  was  made  prior  to  December  1,  1890,  by  a 
locator  qualified  therefor  who  believed  that  he  or  she  was  so  locating 
on  lands  outside  the  Crow  Indian  Reservation,  such  locator  shall  be 
allowed  30  days  within  which  to  relocate  the  said  mining  claims  so 
theretofore  located  by  them,  within  the  limits  of  the  ceded  portion 
of  said  Crow  Indian  Reservation,  and  upon  such  relocating  such 
proceedings  shall  be  had  as  are  conformable  to  law  and  in  accordance 
with  the  provisions  of  this  act. 

A.  SCHOOL  LANDS— LEASING. 

Section  18  of  this  act  permits  the  leasing  of  school  lands  reserved  in  Oklahoma  for 
a  period  not  exceeding  three  years  for  the  benefit  of  the  school  fund  of  Oklahoma. 
Shirley,  In  re,  35  L.  D.  113,  p.  114. 

27  STAT.  470,  FEBRTTARY  20,  1893. 

GAS  AND  OII^NEW  YORK. 

AN  ACT  To  ratify  and  confirm  an  agreement  made  between  the  Seneca  Nation  of 
Indians  and  William  B.  Barker. 

Whereas,  the  Seneca  Nation  of  Indians  in  council  January  3,  1893, 
duly  entered  into  an  agreement  with  William  B.  Barker,  whereby 
said  nation  leased  to  said  Barker  the  oil  springs,  the  Cattaraugus 
and  the  Allegany  Reservations,  situate  in  western  New  York,  for 
the  purpose  of  boring  and  testing  said  territory  for  gas  and  oil,  on 
condition  that  if  oil  was  found  in  paying  quantities  said  nation 


996  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


should  receive  one-eight  part  thereof,  and  if  gas  should  be  found  in 
paying  quantities  said  nation  should  receive  $40  per  annum  for  each 
gas  well  drilled  and  used,  and  in  addition  that  each  Seneca  Indian 
family  residing  on  either  of  said  reservations  should,  if  gas  is  found, 
have  sufficient  fuel  for  domestic  use  from  any  gas  wells  drilled  on 
said  territory  free  of  charge,  all  of  which  is  provided  in  said  agree- 
ment, which  w^as  duly  recorded  in  the  Seneca  Nation  deed  book,  volume 
5,  page  341,  January  4,  1893,  at  3  o'clock  post  meridian  of  that  day: 
Therefore,  be  it  enacted,  etc.,  That  the  agreement  above  recited 
be,  and  the  same  hereby  is,  in  all  things  ratified,  accepted,  and  con- 
firmed. 

28  STAT.  286,  pp.  305,  326,  332,  2  SUPP.  R.  S.  246,  AUGUST  15,  1894. 

MINERALS  RESERVED. 

AN  ACT  Making  appropriations  for  current  and  contingent  expenses  of  the  Indian 
Department  and  fulfilling  treaty  stipulations  with  various  Indian  tribes  for  the  fiscal 
year  ending  June  30,  1895. 

Be  it  enacted,  etc.    *    *  * 

To  enable  the  President  to  cause,  under  the  provisions  of  the  act 
of  February  8,  1887  (24  Stat.  388),  entitled  ''An  act  to  provide  for 
the  allotment  of  lands  in  severalty  to  Indians,"  such  Indian  reserva- 
tions as  in  his  judgment  are  advantageous  for  agricultural  and  grazing 
purposes  to  be  surveyed,  or  resurveyed,  for  the  purposes  of  said  act, 
and  to  complete  the  allotment  of  the  same,  including  the  necessary 
clerical  work  incident  thereto  in  the  field  and  in  the  Office  of  Indian 
Affairs,  and  deliv^ery  of  trust  patents,  so  far  as  allotments  shall  "have 
been  selected  under  said  act,  $30,000:  Provided,  That  whenever  it 
shall  be  made  to  appear  to  the  Secretary  of  the  Interior  that  by  reason 
of  age,  disability,  or  inability,  any  aUottee  of  Indian  Lands  under  this 
or  former  acts  of  Congress,  can  not  personally  and  with  benefit  to 
himself,  occupy  or  improve  his  allotment  or  any  part  thereof  the 
same  may  be  leased  upon  such  terms,  regulations,  and  conditions  as 
shall  be  prescribed  by  the  Secretary  for  a  term  not  exceeding  five 
years  for  i  arming  or  grazing  purposes,  or  10  years  for  mining  or  business 
purposes:  Provided  further,  That  the  surplus  lands  of  any  tribe  may 
be  leased  for  farming  purposes  by  the  council  of  such  tribe  under  the 
same  rules  and  regulations  and  for  the  same  term  of  years  as  is  now 
allowed  in  the  case  of  leases  for  grazing  purposes. 

:^  *  *  *  *  *  * 

That  for  the  purpose  of  carrying  the  provisions  of  this  act  into 
effect  there  is  hereby  appropriated,  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated,  the  sum  of  $140,600,  which  sum  of  money 
shall  be  paid  to  the  Indians  in  the  manner  and  form  prescribed  by 
articles  2  and  3  of  the  agreement:  Provided,  That  none  of  the  money 
or  interest  thereon  which  is  by  terms  of  said  agreement  to  be  paid  to 
said  Indians  shall  be  applied  to  the  payment  of  any  judgment  that 
has  been  or  may  hereafter  be  rendered  under  the  provisions  of  the 
act  of  Congress  approved  March  3,  1891,  entitled  ''An  act  to  provide 
for  the  adjudication  and  payment  of  claims  arising  from  Indian 
depredations." 

The  mineral  lands  shall  be  disposed  of  under  the  laws  applicable 
thereto,  and  the  balance  of  the  land  so  ceded  shall  be  disposed  of 
until  further  provided  by  law  under  the  town-site  law  and  under  the 
provisions  of  the  homestead  law:  Provided,  however.  That  each 


INDIAN  LANDS,  PP.  y52-10:i7. 


997 


settler,  under  and  in  accordance  with  the  ])rovisions  of  said  homestead 
laws  shall,  at  the  time  of  jnaking  his  original  entry,  pay  the  sum  of 
50  cents  per  acre  in  addition  to  the  fees  now  required  by  law,  and  at 
the  time  of  making  final  proof  shall  pay  the  further  sum  of  $1  per 
acre,  final  proof  to  bo  made  within  five  years  from  the  date  of  entry, 
and  three  years'  actual  residence  on  the  land  shall  be  established  by 
such  evidence  as  is  now  required  in  homestead  proofs  as  a  prerequi- 
site to  title  or  patent. 

That  immediately  after  the  issuance  and  receipt  by  the  Indians 
of  trust  patents  for  the  allotted  lands,  as  provided  for  in  said  agree- 
ment, the  lands  so  ceded,  sold,  relinquished,  and  conveyed  to  the 
United  States  shall  be  opened  to  settlement  by  proclamation  of  the 
President,  and  shall  be  subject  to  disposal  only  under  the  homestead, 
town  site,  stone  and  timber,  and  mining  laws  of  the  United  States, 
excepting  the  sixteenth  and  thirty-sixth  sections  in  each  Congres- 
sional township,  which  shall  be  reserved  for  common-school  pur- 
poses and  be  subject  to  the  laws  of  Idaho:  Provided,  That  each 
settler  on  said  lands  shall,  before  making  final  proof  and  receiving 
a  certificate  of  entry,  pay  to  the  United  States  for  the  lands  so  taken 
by  him,  in  addition  to  the  fees  provided  by  law,  the  sum  of  $3.75 
per  acre  for  agricultural  lands,  one-half  of  which  shall  be  paid  within 
three  years  from  the  date  of  original  entry;  and  the  sum  of  $5  per 
acre  for  stone,  timber,  and  mineral  lands,  subject  to  the  regulations 
prescribed  by  existing  laws;  but  the  rights  of  honorably  discharged 
Union  soldiers  and  sailors,  as  defined  and  described  in  sections 
2304  and  2305  of  the  Revised  Statutes  of  the  United  States,  shaU 
not  be  abridged  except  as  to  the  sum  to  be  paid  as  aforesaid.   *  *  * 

Sec.  21.  That  the  remainder  of  the  lands  on  said  reservation  shall, 
upon  the  approval  of  the  allotments  by  the  Secretary  of  the  Interior, 
be  immediately  open  to  entry  under  the  homestead  and  mineral  laws 
of  the  United  States:  Provided,  That  no  person  shall  be  entitled  to 
locate  more  than  two  claims,  neither  to  exceed  10  acres,  on  any  lands 
containing  asphaltum,  gilsonite,  or  like  substances:  Provided,  That 
after  three  years  actual  and  continuous  residence  upon  agricultural 
lands  from  date  of  settlement  the  settler  may,  upon  full  payment 
of  $1.50  per  acre,  receive  patent  for  the  tract  entered.  If  not  com- 
muted at  the  end  of  three  years  the  settler  shall  pay  at  the  time  of 
making  final  proof  the  sum  of  $1.50  per  acre. 

A.  INDIAN  LANDS. 

1.  Act  limited  to  specific  lands. 

2.  Disposal  of  mineral  lands — Exclusiveness  of  act. 

3.  Reservation  of  minerals. 

4.  Mineral  laws  not  operative  within  reservation. 

5.  Mining  claims  located  within  reservation — Validity. 

1.  act  limited  to  specific  lands. 

This  act  has  reference  and  is  limited  to  certain  specific  lands  in  the  Siletz  Reservation 
and  it  provides  no  specific  manner  for  their  disposal,  and  the  ceded  lands  in  this  reser- 
vation not  subject  to  disposal  under  the  mineral  or  town-site  laws  are  to  be  disposed  of 
under  the  provisions  of  the  homestead  laws. 

White,  In  re,  30  L.  D.  536,  p.  537. 


998 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


2.  DISPOSAL  OF  MINERAL  LANDS  EXCLUSIVENESS  OF  ACT. 

This  act  with  reference  to  the  disposal  of  the  mineral  lands  in  conclusive  on  all 
the  parties,  and  the  modes  of  appropriation  are  exclusive  of  any  other,  and  the  subse- 
quent act  of  June  4,  1897  (30  Stat.  36),  applying  to  the  public  domain  generally, 
does  not  apply  to  such  lands  as  to  the  disposal  of  which  specific  provision  has  been 
made. 

Bartlett,  In  re,  32  L.  D.  374,  p.  376. 

3.  RESERVATION  OF  MINERALS. 

The  act  of  June  7,  1897  (30  Stat.  62,  p.  87),  did  not  repeal  this  act  and  no  formal 
repeal  was  necessary  to  enable  Congress  to  reserve  lands  containing  gilsonite,  asphaltum, 
elaterite,  or  other  like  substances,  as  that  act  never  became  operative  upon  these 
excepted  lands,  and  the  two  acts  are  in  pari  materia,  as  relating  to  a  future  disposition 
of  lands  containing  gilsonite,  asphaltum,  elaterite,  or  other  like  substances,  and  the 
latest  expression  is  to  the  effect  that  the  title  to  lands  containing  gilsonite,  asphaltum, 
elaterite,  or  other  like  substances,  is  reserved  to  the  United  States. 

Meeks,  In  re,  29  L.  D.  456,  p.  459. 

4.  MINERAL  LAWS  NOT  OPERATIVE  WITHIN  RESERVATION. 

After  the  happening  of  the  contingency  provided  for  in  section  21  neither  the  home- 
stead nor  the  mineral  laws  should  be  operative  witliin  the  boundaries  of  this  reserva- 
tion, and  then  no  person  could  locate  more  than  two  claims,  neither  to  exceed  ten 
acres,  on  any  lands  containing  asphaltum,  gilsonite,  or  other  like  substances. 

Meeks,  In  re,  29  L.  D.  456,  p.  458. 

5.  MINING  CLAIMS  LOCATED  WITHIN  RESERVATION  VALIDITY. 

The  discovery  and  location  of  a  mineral  vein  or  deposit  bearing  albertite,  gilsonite, 
elaterite,  and  asphaltum,  within  the  boundaries  of  the  Uncompahgre  Indian  Reser- 
vation gives  the  locator  no  right  or  title  to  such  deposits,  as  such  lands  are  excepted 
from  the  operation  of  the  mining  laws  by  the  Executive  order  creating  such  reservation. 

Meeks,  In  re,  29  L.  D.  456,  pp.  457,  460. 

28  STAT.  677,  FEBRXTARY  20,  1895. 

COAL  LANDS  WITHDRAWN. 

AN  ACT  To  disapprove  the  treaty  heretofore  made  with  the  Southern  Ute  Indians  to 
be  removed  to  the  Territory  of  Utah,  and  providing  for  settling  them  down  in  sev- 
eralty where  they  may  so  elect  and  are  qualified,  and  to  settle  all  those  not  electing 
to  take  lands  in  severalty  on  the  west  40  miles  of  present  reservation  and  in  portions 
of  New  Mexico,  and  for  other  purposes,  and  to  carry  out  the  provisions  of  the  treaty 
with  said  Indians  June  15,  1880. 

Be  it  enacted,  etc.,  That  the  agreement  made  by  (certain  named 
persons)  commissioners  on  the  part  of  the  United  States  with  the 
Southern  Ute  Indians  of  Colorado,  bearing  date  November  13,  1888 
(25  Stat.  133),  be,  and  the  same  is  hereby,  annulled,  and  the  treaty 
made  with  said  Indians  June  15,  1880  (21  Stat.  199),  be  carried  out 
as  herein  provided,  and  as  further  provided  by  general  law  for  settling 
Indians  in  severalty. 

Sec.  2.  That  within  six  months  after  the  passage  of  this  act  the 
Secretary  of  the  Interior  shall  cause  allotment  of  land,  in  severalty, 
to  be  made  to  such  of  the  Southern  Ute  Indians  in  Colorado  as  may 
elect  and  be  considered  by  him  qualified  to  take  the  same  out  of  the 
agricultural  lands  embraced  in  their  present  reservation  in  Colorado, 


INDIAN  LANDS,  PP.  952-1037. 


999 


such  allotments  to  be  made  in  accordance  with  the  provisions  of  the 
act  of  Congress  approved  June  15  1880  (21  Stat.  199),  entitled  ''An 
act  to  accept  and  ratif  y  the  agreement  submitted  bv  the  Confederated 
Bands  of  Ute  Indians' in  Colorado  for  the  sale  of  their  reservation  in 
said  State,  and  for  other  purposes,  and  to  make  the  necessary  appro- 
priations for  carrying  out  the  same,"  and  the  amendments  thereto  as 
lar  as  applicable  hereto,  and  the  treaties  heretofore  made  with  said 
Indians:  rrovided,  That  Indians  taking  allotments  as  herein  pro- 
vided shall  retain  their  interest  in  all  tribal  property. 

Sec.  4.  That  at  the  expiration  of  six  months  from  the  passage  of 
this  act  the  President  of  the  United  States  shall  issue  his  proclama- 
tion declaring  the  lands  embraced  withm  the  present  reservation  of 
said  Indians,  except  such  portions  as  may  have  been  allotted  or 
reserved  under  the  provisions  of  the  preceding  sections  of  this  act, 
open  to  occupancy  and  settlement,  and  thereupon  said  lands  shall  be 
and  become  a  part  of  the  public  domain  of  the  United  States,  and 
shall  be  subject  to  entry  under  the  desert,  homestead,  and  town-site 
laws  and  laws  governing  the  disposal  of  coal,  mineral,  stone,  and 
timber  lands;  but  no  homestead  settler  shall  receive  a  title  to  any 
portion  of  such  lands  at  less  than  $1.25  per  acre,  and  shall  be  required 
to  make  a  cash  payment  of  50  cents  per  acre  at  the  time  fihng  is  made 
upon  any  of  said  lands:    *    *  * 

A.  INDIAN  LANDS— COAL  LANDS  WITHDRAWN. 

The  fact  that  this  act  declares  that  the  Southern  Ute  lands  were  open  to  disposition 
and  made  such  lands  a  part  of.  the  public  domain  of  the  United  States  does  not  pre- 
vent the  operation  of  the  provisions  of  the  act  of  June  22,  1910  (36  Stat.  583),  as  to  the 
coal  lands  or  the  lands  withdrawn  or  classified  as  coal  within  the  Southern  Ute  Indian 
Reservation. 

Gkssner,  In  re,  39  L.  D.  462,  p.  463. 

28  STAT.  876,  pp.  894,  899,  900;  2  SITPP.  427;  MARCH  2,  1895. 

CESSION  OF  MINERAL  LANDS. 

AN  ACT  Making  appropriations  for  current  and  contingent  expenses  of  the  Indian 
Department  and  fulfilling  treaty  stipulations  with  various  Indian  tribes  for  tho 
fiscal  year  ending  June  30,  1896. 

Be  it  enacted,  etc.    *    *  * 

The  Secretary  of  the  Interior  is  authorized  to  negotiate  with  the 
Indians  on  the  San  Carlos  Reservation,  Ariz.,  through  an  inspector, 
for  the  cession  or  relinquishment  to  the  United  States  of  the  lands 
embracing  the  coal  fields,  and  that  any  agreement  made  shall  be 
submitted  to  Congress  for  action.    *    *  * 

The  said  Wichita  and  affiliated  bands  of  Indians  in  the  Indian 
Territory  -  hereby  cede,  convey,  transfer,  relinquish,  forever  and 
absolutely,  without  any  reservation  whatever,  all  their  claim,  title, 
and  interest  of  every  kind  and  character  in  and  to  the  lands  embraced 
in  the  foUowing-described  tract  of  country  in  the  Indian  Territory, 
to  wit:  (description  follows)    *    *  * 

******* 

That  the  laws  relating  to  the  mineral  lands  of  the  United  States 
are  hereby  extended  over  the  lands  ceded  by  the  foregoing  agreement. 
*  *  *  .  *  *  * 


1000  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Provided,  That  whenever  it  shall  be  made  to  appear  to  the  Secre- 
tary of  the  Interior  that  by  reason  of  age,  disability,  or  inability  any 
allottee  of  Indian  lands  under  this  or  former  acts  of  Congress  can  not 
personally  and  with  benefit  to  himself  occupy  or  improve  his  allot- 
ment or  any  part  thereof  the  same  may  be  leased  upon  such  terms, 
regulations,  and  conditions  as  shall  be  prescribed  by  the  Secretary 
for  a  term  not  exceeding  5  years  for  farming  or  grazing  purposes,  or 
10  years  for  mining  or  business  purposes. 

******* 

That  the  allotments  of  land  made  to  the  Quapaw  Indians  in  the 
Indian  Territory,  in  pursuance  of  an  act  of  the  Quapaw  National 
Council,  approved  March  23,  1893,  be,  and  the  same  are  hereby, 
ratified  and  confirmed  subject  to  revision,  correction,  and  approval 
by  the  Secretary  of  the  Interior:  Provided,  however,  That  any  allot- 
tee who  may  be  dissatisfied  with  his  allotment  shaU  have  all  the 
rights  to  contest  the  same  provided  for  in  said  act  of  the  Quapaw 
National  Council  subject  to  revision,  correction,  and  approval  by 
the  Secretary  of  the  Interior.  And  the  Secretary  of  the  Interior  is 
hereby  authorized  to  issue  patents  to  said  allottees  in  accordance 
therewith:  Provided,  That  said  allotments  shall  be  inalienable  for 
a  period  of  25  years  from  and  after  the  date  of  said  patents  j    *    *  * 

A.  MINING  LAWS  EXTENDED  TO  LANDS  CEDED  BY  INDIANS. 

B.  INDIAN  ALLOTTEES. 

A.  MINING  LAWS  EXTENDED  TO  LANDS  CEDED  BY  INDIANS. 

By  this  act  the  mining  laws  of  the  United  States  are  expressly  extended  over  the 
lands  ceded  under  the  agreement  contained  in  the  act,  and  sections  16  and  36,  as  well 
as  sections  13  and  33,  reserved  therein  for  school  and  other  purposes,  are  made  subject 
to  the  operation  of  the  mining  laws  in  the  same  manner  and  with  like  effect  as  are  sec- 
tions of  lands  similarly  reserved  elsewhere  and  not  granted,  as  to  which  the  mining 
laws  are  applicable. 

Gypsite  Placer  Min.  Claim,  In  re,  34  L.  D.  54,  p.  55. 

B.  INDIAN  ALLOTTEES. 

1.  ALIENATION  RESTRICTED — OIL  AND  GAS  LEASES. 

This  act  restricted  the  members  of  the  qualified  Indian  tribes  in  the  alienation  of 
their  lands  for  a  period  of  25  years,  and  the  granting  of  oil,  gas,  or  mining  leases  is  an 
alienation  within  the  meaning  of  this  act. 

Tidwell  V.  Dobson,  37  Okla.  180,  p.  181. 

Eldred  v.  Okmulgee  Loan  &  Trust  Co.,  22  Okla.  742. 

See  Wah-tah-noh-zhe  v.  Moore,  36  Okla.  631. 

The  assignment  of  royalties  due  under  a  mining  or  an  oil  and  gas  lease  executed  by  a 
Quawpaw  Indian  on  his  tribal  allotment  is  not  an  alienation  of  such  real  estate  or  any 
part  thereof  in  violation  of  this  act. 

Wah-tah-noh-zhe  v.  Moore,  36  Okla.  631,  p.  639. 
Tidwell  V.  Dobson,  37  Okla.  180,  p.  182. 
See  United  States  v.  Abrams,  181  Fed.  897. 
United  States  v.  Noble,  197  Fed.  292. 

The  restrictions  placed  upon  the  alienation  of  lands  by  the  Quawpaw  Indians  under 
this  act  were  modified  by  the  act  of  June  7, 1897  (30  Stat.  72),  and  thereafter  competent 
Quawpaw  allottees  could  lease  their  lands  for  a  term  not  exceeding  10  years  for  mining 
or  business  purposes. 

Tidwell  V.  Dobson.  33  Okla.  180.  p.  181. 

See  Wat-tah-noh-zhe  v.  Moore,  36  Okla.  631 ;  129  Pac.  877. 


INDIAN  I.ANDS^  PP.  952-1037. 


1001 


30  STAT.  62,  pp.  86,  87,  2  SUPP.  R.  S.  629,  p.  631,  JUNE  7,  1897. 

LEASES  FOR  MINING. 

AN  ACT  Making  appropriations  for  expenses  of  the  Indian  Department  and  for  ful- 
filling treaty  stipulations  with  various  Indian  tribes  for  the  fiscal  year  ending  June 
30,  1898,  and  for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

To  enable  the  President  to  cause,  under  the  provisions  of  the  act 
of  February  8,  1887  (24  Stat.  388),  entitled  ''An  act  to  provide  for  the 
allotment  of  lands  in  severalty  to  Indians,"  such  Indian  reservations 
as  in  his  judgment  are  advantageous  for  agricultural  and  grazing 
purposes  to  be  surveyed  or  resurveyed,  for  the  purposes  of  said  act, 
and  to  complete  the  allotment  of  the  same,  includmg  the  necessary 
clerical  work  incident  thereto  in  the  field  and  in  the  office  of  Indian 
Affairs,  and  delivery  of  trust  patents,  so  far  as  allotments  shall  have 
been  selected  under  said  act,  $30,000:  Provided,  That  hereafter 
whenever  it  shall  be  made  to  appear  to  the  Secretary  of  the  Interior 
that  by  reason  of  age  or  disability  any  allottee  of  Indian  lands  under 
this  or  former  acts  of  Congress  can  not  personally  and  with  benefit 
to  himself  occupy  or  improve  his  allotment  or  any  part  thereof  the 
same  may  be  leased,  in  the  discretion  of  the  Secretary,  upon  such 
terms,  regulations,  and  conditions  as  shall  be  prescribed  by  him,  for 
a  term  not  exceeding  3  years  for  farming  or  grazing  purposes,  or  5 
years  for  mining  or  business  purposes. 

The  Secretary  of  the  Interior  is  hereby  directed  to  allot  agricul- 
tural lands  in  severalty  to  the  Uncompahgre  Ute  Indians  now 
located  upon  or  belong-ing  to  the  Uncompahgre  Indian  Reservation 
in  the  State  of  Utah,  said  allotments  to  be  upon  the  Uncompahgre  and 
Uintah  reservations  or  elsewhere  in  said  State.  And  all  the  lands  of 
said  Uncompahgre  Reservation  not  theretofore  allotted  in  severalty 
to  said  Uncompahgre  Utes  shall,  on  and  after  the  first  day  of  April, 
1898,  be  open  for  location  and  entry  under  all  the  land  laws  of  the 
United  States;  excepting,  however,  therefrom  all  lands  containing 
gilsonite,  asphalt,  elaterite,  or  other  like  substances. 

And  the  title  to  all  of  the  said  lands  containing  gilsonite,  asphaltum, 
elaterite,  or  other  like  substances  is  reserved  to  the  United  States. 

Sec.  10.  That  section  8  of  an  act  making  appropriations  for  the 
current  and  contingent  expenses  of  the  Indian  Department  and 
fulfilling  treaty  stipulations  with  various  Indian  tribes  for  the  fiscal 
year  ending  June  30,  1897  (29  Stat.  321,  p.  353),  and  for  other  pur- 
poses, be  amended  by  striking  out  from  the  last  paragraph  of  said 
section  the  following  proviso,  to  wit:  ''Provided,  however,  That  any 
person  who,  in  good  faith,  prior  to  the  passage  of  this  act,  had  dis- 
covered and  opened  or  located  a  mine  of  coal  or  other  mineral  shall 
have  a  preference  right  of  purchase  for  90  days  from  and  after  the 
official  filing  in  the  local  land  office  of  the  approved  plat  of  survey 
provided  for  by  this  section." 

56974°— Bull.  94,  pt  2—15  12 


1002 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


A.  INDIAN  LANDS— LEASE  FOR  MINING  PURPOSES. 

1.  Limitation  on  power  of  Indians  to  lease. 

2.  Indians  may  lease  lands  for  mining  subject  to  approval. 

3.  Overlapping  leases — Validity. 

4.  Assignment  of  royalties. 

5.  Lease  for  mining  purposes — Minerals  excepted. 

6.  Right  of  government  to  sue  to  cancel  lease. 

7.  Failure  to  acknowledge  lease — Effect. 

1.  limitation  on  power  of  INDIANS  TO  LEASE. 

This  act  in  making  an  Indian  allottee  a  citizen  and  vesting  him  with  power  to  lease 
for  a  particular  purpose  and  not  beyond  a  stated  term  for  such  consideration  as  may 
be  agreed  upon  between  him  and  his  lessee,  was  intended  by  Congress  that  in  all  other 
respects,  save  as  to  the  purposes,  which  must  be  either  grazing,  farming,  or  mining, 
the  allottee  is  clothed  with  as  full  and  complete  power  to  lease  his  land  as  any  white 
man;  and  if  he  is  imposed  upon  by  the  lessee  as  to  any  such  other  feature  in  such  a  way 
as  will  give  a  white  citizen  a  right  of  action  for  legal  redress,  then  he  and  not  the  Gov- 
ernment must  sue. 

United  States  v.  Abrams,  181  Fed.  847,  p.  852. 

2.  INDIANS  MAY  LEASE   LANDS   FOR  MINING   SUBJECT  TO  APPROVAL. 

This  act  modified  the  restrictions  placed  upon  Quawpaw  Indians  under  the  act  of 
March  2,  3895  (28  Stat.  907),  so  as  to  permit  members  of  the  tribe  to  lease  their  allotted 
lands  for  terms  not  exceeding  three  years  for  farming  and  grazing  purposes,  and  not 
exceeding  10  years  for  mining  or  business  purposes. 

Wah-tah-noh-zhe  v.  Moore,  36  Okla.  631. 
Tidwell  V.  Dobson,  37  Okla.  180,  p.  181. 

This  act  provides  that  leases  for  mining  purposes  shall  not  exceed  10  years,  and  a 
lease  for  a  longer  term  is  invalid. 
United  States  v.  Abrams,  181  Fed.  847,  p.  851. 

The  authority  given  by  this  act  to  the  tribes  of  Indians  named  to  lease  their  lands 
for  farming  or  grazing  purposes  does  not  revoke  the  existing  statutory  authority  re- 
quiring leases  for  mining  purposes  to  be  approved  by  the  Secretary  of  the  Interior. 

Sisseton,  etc.,  Indian  Lands,  In  re,  25  L.  D.  364. 

3.  OVERLAPPING  LEASES — VALIDITY. 

This  act  does  not  prevent  what  is  styled  overlapping  leases  for  mining  purposes, 
and  overlapping  leases  for  10  years  are  not  void,  though  the  latter  leases  did  not  in 
fact  cancel  the  earlier  ones. 

United  States  v.  Noble,  197  Fed.  292,  p.  293. 

An  Indian  allottee  may  while  he  lias  a  valid  outstanding  lease  under  this  act  make 
another  lease  to  another  lessee  which  does  not  exceed  the  lawful  term  so  that  the 
second  lessee  may  enjoin  that  portion  of  his  term  beyond  the  termination  of  the  first 
lease. 

Unites  States  v.  Abrams,  181  Fed.  847,  p.  853. 


INDIAN  l.ANDS^  PP.  952-1037. 


1003 


4.  ASSIGNMENT  OF  ROYALTIES. 

An  Indian  allottee  making-  a  valid  lease  for  mining  purposes,  providing  for  the  pay- 
ment of  stipulated  royalties  for  the  maximum  period  permitted  by  the  statute,  may 
make  a  valid  assignment  of  such  royalties. 

United  States  V.  Abrams,  181  Fed.  847,  p.  856. 

Royalties  due  an  Indian  allottee  under  a  mining  lease  can  be  legally  assigned. 

Tidwell  V.  Dobson,  37  Okla.  180,  p.  182. 
Wah-tah-noh-zhe  v.  Moore,  36  Okla.  631. 
See  United  States  v.  Noble,  197  Fed.  292. 

5.  LEASE  FOR  MINING  PURPOSES — MINERALS  EXCEPTED. 

This  act  recognizes  the  validity  of  the  reservation  and  also  expressly  excepts  all 
lands  containing  gilsonite,  asphaltum,  elaterite,  or  other  like  substances,  and  provides 
that  the  title  to  all  such  lands  is  reserved  to  the  United  States. 

Meeks,  In  re,  29  L.  D.  456,  p.  458. 

6.  RIGHT  OF  GOVERNMENT  TO  SUE  TO  CANCEL  LEASE. 

Where  Congress  has  extended  the  right  to  lease  Indian  lands  for  mining  purposes 
with  no  conditions  except  that  for  a  particular  purpose  the  term  shall  not  exceed  a 
stated  number  of  years,  and  where  a  lease  is  expressly  for  a  purpose  contemplated  in 
the  act  and  does  not  exceed  the  term  permitted,  then  the  Government  of  the  United 
States  can  not  maintain  an  action  in  its  own  name  to  cancel  such  a  lease. 

United  States  v.  Abrams,  181  Fed.  847,  p.  852. 

If  an  Indian  allottee  has  power  to  make  a  lease  for  the  purpose  and  within  the 
period  specified  by  law,  he  could  agree  with  the  lessee  that  it  might  be  canceled  and 
annulled,  and  the  fact  that  he  has  made  a  lease  for  the  term  of  ten  years  ties  his  hands 
and  he  is  powerless  to  enter  into  an  agreement  modifying  or  canceling  his  lease  during 
its  term. 

United  States  v.  Abrams,  181  Fed.  847,  p.  853. 

If  any  contract  or  lease  made  by  an  Indian  allottee  is  in  violation  of  the  conditions 
or  limitations  imposed  by  acts  of  Congress,  under  which  the  allottee  has  taken  his 
allotment,  then  the  United  States  has  such  an  interest  as  entitles  it  to  maintain  an 
action  to  cancel. 

United  States  v.  Abrams,  181  Fed.  847,  p.  849. 
See  United  States  v.  Allen,  179  Fed.  13. 

7.  FAILURE  TO  ACKNOWLEDGE  LEASE — EFFECT. 

The  fact  that  an  Indian  lease  of  land  for  mining  purposes  was  not  acknowledged  does 
not  affect  its  validity  as  between  the  parties. 
United  States  v.  Noble,  197  Fed.  292,  p.  295. 

30  STAT.  495,  p.  497,  2  SUPP.  R.  S.  814,  p.  816,  JTTNE  28,  1898. 

LEASING  BY  ALLOTTEES. 

AN  ACT  For  the  protection  of  the  pepole  of  the  Indian  Territory. 

Be  it  enacted,  etc.,    *    *  *^ 
^  Sec.  11.  That  when  the  roll  of  citizenship  of  any  one  of  said  na- 
tions or  tribes  is  fully  completed  as  provided  by  law,  and  the  survey 
of  the  lands  of  said  nation  or  tribe  is  also  completed,  the  commission 


1004  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

heretofore  appointed  under  acts  of  Congress,  and  known  as  the 
Dawes  Commission/'  shall  proceed  to  allot  the  exclusive  use  and 
occupancy  of  the  surface  of  all  the  lands  of  said  nation  or  tribe  sus- 
ceptible of  allotment  among  the  citizens  thereof,  as  shown  by  said 
roll,  giving  to  each,  so  far  as  possible,  his  fair  and  equal  share  thereof, 
considering  the  nature  and  fertility  of  the  soil,  location,  and  value 
of  same;  but  all  oil,  coal,  asphalt,  and  mineral  deposits  in  the  lands 
of  any  tribe  are  reserved  to  such  tribe,  and  no  allotment  of  such  lands 
shall  carry  the  title  to  such  oil,  coal,  asphalt,  or  mineral  deposits; 
and  all  town  sites  shall  also  be  reserved  to  the  several  tribes,  and 
shall  be  set  apart  by  the  commission  heretofore  mentioned  as  inca- 
pable of  allotment.    *    *  * 

Sec.  1.3.  That  the  Secretary  of  the  Interior  is  hereby  authorized 
and  directed  from  time  to  time  to  provide  rules  and  regulations  in 
regard  to  the  leasing  of  oil,  coal,  asphalt,  and  other  minerals  in  said 
territory,  and  all  such  leases  shall  be  made  by  the  Secretary  of  the 
Interior;  and  any  lease  for  any  such  minerals  otherwise  made  shall 
be  absolutely  void.  No  lease  shall  be  made  or  renewed  for  a  longer 
period  than  15  years,  nor  cover  the  mineral  in  more  than  640  acres 
of  land,  which  shall  conform  as  nearly  as  possible  to  the  surveys. 
Lessees  shall  pay  on  each  oil,  coal,  asphalt,  or  other  mineral  claim 
at  the  rate  of  $100  per  annum,  in  advance,  for  the  first  and  second 
years;  $200  per  annum,  in  advance,  for  the  third  and  fourth  years, 
and  $500,  in  advance,  for  each  succeeding  year  thereafter,  as  advanced 
royalty  on  the  mine  or  claim  on  which  they  are  made.  AH  such  pay- 
ments shall  be  a  credit  on  royalty  when  each  said  mine  is  developed 
and  operated  and  its  production  is  in  excess  of  such  guaranteed 
annual  advanced  payments;  and  all  lessees  must  pay  said  annual 
advanced  payments  on  each  claim,  whether  developed  or  undevel- 
oped; and  should  any  lessee  neglect  or  refuse  to  pay  such  advanced 
annual  royalty  for  the  period  of  60  days  after  the  same  becomes  due 
and  payable  on  any  lease,  the  lease  on  which  default  is  made  shall 
become  null  and  void,  and  the  royalties  paid  in  advance  shall  then 
become  and  be  the  money  and  property  of  the  tribe.  Where  any 
oil,  coal,  asphalt,  or  other  mineral  is  hereafter  opened  on  land  al- 
lotted, sold,  or  reserved,  the  value  of  the  use  of  the  necessary  surface 
for  prospecting  or  mining,  and  the  damage  done  to  other  land  and 
improvements,  shall  be  ascertained  under  the  direction  of  the  Sec- 
retary of  the  Interior  and  paid  to  the  allottee  or  owner  of  the  land, 
by  the  lessee  or  party  operating  the  same,  before  operations  begin: 
Provided,  That  nothing  herein  contained  shall  impair  the  rights  of 
any  holder  or  owner  of  a  leasehold  interest  in  any  oil,  coal  rights, 
asphalt,  or  mineral  which  have  been  assented  to  by  act  of  Congress, 
but  all  such  interests  shall  continue  unimpaired  hereby,  and  shall 
be  assured  to  such  holders  or  owners  by  leases  from  the  Secretary 
of  the  Interior  for  the  term  not  exceeding  15  years,  but  subject  to 
payment  of  advanced  royalties  as  herein  provided,  when  such  leases 
are  not  operative,  to  the  rate  of  royalty  on  coal  mined,  and  the  rules 
and  regulations  to  be  prescribed  by  the  Secretary  of  the  Interior, 
and  preference  shall  be  given  to  such  parties  in  renewals  of  such 
leases:  And  provided  further.  That  when,  under  the  customs  and 
laws  heretofore  existing  and  prevailing  in  the  Indian  Territory, 
leases  have  been  made  of  different  groups  or  parcels  of  oil,  coal,  asphalt, 
or  other  mineral  deposits,  and  possession  has  been  taken  thereunder 


INDIAN  LANDS,  PP.  952-1031 


1005 


and  improvements  made  for  the  development  of  such  oil,  coal, 
asphalt,  or  other  mineral  deposits,  hy  lessees  or  their  assigns,  which 
have  resulted  in  the  production  of  oil,  coal,  asphalt,  or  other  mineral 
in  commercial  quantities  by  such  lessees  or  tneir  assigns,  then  such 
parties  in  possession  shall  be  given  preference  in  the  making  of  new 
leases,  in  compliance  with  the  directions  of  the  Secretary  of  the  Inte- 
rior; and  in  making  new  leases  due  consideration  shall  be  made  for 
the  imnrovements  of  such  lessees,  and  in  all  cases  of  the  leasing  or 
renewal  of  leases  of  oil,  coal,  asphalt,  and  other  mineral  deposits 
preference  shall  be  given  to  parties  in  possession  who  have  made 
improvements.  The  rate  of  royalty  to  be  paid  by  aU  lessees  shall 
be  fixed  by  the  Secretary  of  the  Interior. 

Sec.  15.  *  *  *  The  person  authorized  by  the  tribe  or  tribes 
may  execute  or  deliver  to  any  such  purchaser,  without  expense  to 
him,  a  deed  conveying  to  him  the  title  to  such  lands  or  town  lots; 
and  thereafter  the  purchase  money  shaU  become  the  property  of 
the  tribe;  and  all  such  money  shall,  when  title  to  all  the  lots  in  the 
town  belonging  to  any  tribe  have  been  thus  perfected,  be  paid  per 
capita  to  the  members  of  the  tribe:  Provided,  however,  That  in 
those  town  sites  designated  and  laid  out  under  the  provisions  of  this 
act  where  coal  leases  are  now  being  operated  and  coal  is  being  mined 
there  shall  be  reserved  from  appraisement  and  sale  all  lots  occupied 
by  houses  of  miners  actually  engaged  in  mining,  and  only  while  they 
are  so  engaged,  and  in  addition  thereto  a  sufficient  amount  of  land, 
to  be  determined  by  the  appraisers,  to  furnish  homes  for  the  men 
actually  engaged  in  working  for  the  lessees  operating  said  mines  and 
a  sufficient  amount  for  all  buildings  and  machinery  for  mining  pur- 
poses: And  provided  further.  That  when  the  lessees  shall  cease  to 
operate  said  mines,  then,  and  in  that  event,  the  lots  of  land  so 
reserved  shaU  be  disposed  of  as  provided  for  in  this  act. 

Sec.  16.  That  it  shall  be  unlawful  for  any  person,  after  the  passage 
of  this  act,  except  as  hereinafter  provided,  to  claim,  demand,  or  re- 
ceive, for  his  own  use  or  for  the  use  of  .anyone  else,  any  royalty  on 
oil,  coal,  asphalt,  or  other  mineral,  or  on  any  timber  or  lumber,  or 
any  other  kind  of  property  whatsoever,  or  any  rents  on  any  lands 
or  property  belonging  to  any  one  of  said  tribes  or  nations  in  said  terri- 
tory, or  for  anyone  to  pay  to  any  individual  any  such  royalty  or 
rents  or  any  consideration  therefor  whatsoever;  and  all  royalties 
and  rents  hereafter  payable  to  the  tribe  shall  be  paid,  under  such 
rules  and  regulations  as  may  be  prescribed  by  the  Secretary  of  the 
Interior,  into  the  Treasury  of  the  United  States  to  the  credit  of  the 
tribe  to  which  they  belong:    *    *  * 

Sec.  29.  *  *  *  And  all  coal  and  asphalt  in  or  under  the  lands 
allotted  and  reserved  from  allotment  shall  be  reserved  for  the  sole 
use  of  the  members  of  the  Choctaw  and  Chickasaw  Tribes,  exclusive 
of  freedmen:  Provided,  That  where  any  coal  or  asphalt  is  hereafter 
opened  on  land  allotted,  sold,  or  reserved,  the  value  of  the  use  of 
the  necessary  surface  for  prospecting  or  mining,  and  the  damage 
done  to  the  other  land  and  improvements,  shall  be  ascertained  under 
the  direction  of  the  Secretary  of  the  Interior  and  paid  to  the  allottee 
or  owner  of  the  land  by  the  lessee  or  party  operating  the  same,  before 
operations  begin. 

^  :ic  4:  4:  4: 


1006  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


That  as  soon  as  practicable,  after  the  completion  of  said  allot- 
ments, the  principal  chief  of  the  Choctaw  Nation  and  the  governor 
of  the  Chickasaw  Nation  shall  jointly  execute,  under  their  hands  and 
the  seals  of  the  respective  nations,  and  deliver  to  each  of  the  said 
allottees  patents  conveying  to  him  all  the  right,  title,  and  interest 
of  the  Choctaws  and  Chickasaws  in  and  to  the  land  which  shall  have 
been  allotted  to  him  in  conformity  with  the  requirements  of  this 
agreement,  excepting  all  coal  and  asphalt  in  or  under  said  land. 
Said  patents  shall  be  framed  in  accordance  with  the  provisions  of 
this  agreement,  *  *  *  ^^i^  relinquishment  of  all  his  right, 
title,  and  interest  in  and  to  any  and  all  parts  thereof,  except  the  land 
embraced  in  said  patents,  except  also  his  interest  in  the  proceeds 
of  all  lands,  coal,  and  asphalt  herein  excepted  from  allotment. 

It  is  agreed  that  all  the  coal  and  asphalt  within  the  limits  of  the 
Choctaw  and  Chickasaw  Nations  shall  remain  and  be  the  common 
property  of  the  members  of  the  Choctaw  and  Chickasaw  Tribes 
(freedmen  excepted),  so  that  each  and  every  member  shall  have  an 
equal  and  undivided  interest  in  the  whole;  and  no  patent  provided 
for  in  this  agreement  shall  convey  any  title  thereto.  The  revenues 
from  coal  and  asphalt,  or  so  much  as  shall  be  necessary,  shall  be  used 
for  the  education  of  the  children  of  Indian  blood  of  the  members 
of  said  tribes.  Such  coal  and  asphalt  mines  as  are  now  in  operation, 
and  all  others  which  may  hereafter  be  leased  and  operated,  shall  be 
under  the  supervision  and  control  of  two  trustees,  who  shall  be  ap- 
pointed by  the  President  of  the  United  States,  one  on  the  recom- 
mendation of  the  principal  chief  of  the  Choctaw  Nation,  who  shall 
be  a  Choctaw  by  blood,  whose  term  shall  be  for  four  years,  and  one 
on  the  recommendation  of  the  governor  of  the  Chickasaw  Nation, 
who  shall  be  a  Chickasaw  by  blood,  whose  term  shall  be  for  two 
years ;  after  which  the  term  of  appointees  shall  be  four  years.    *    *  * 

All  coal  and  asphalt  mines  in  the  two  nations,  whether  now  devel- 
oped, or  to  be  hereafter  developed,  shall  be  operated,  and  the  royal- 
ties therefrom  paid  into  the  Treasury  of  the  United  States,  and  shall 
be  drawn  therefrom  under  such  rules  and  regulations  as  shall  be 
prescribed  by  the  Secretary  of  the  Interior. 

All  contracts  made  by  the  national  agents  of  the  Choctow  and 
Chickasaw  Nations  for  operating  coal  and  asphalt,  with  any  person 
or  corporation,  which  were,  on  April  23,  1897,  being  operated  in 
good  faith  are  hereby  ratified  and  confirmed,  and  the  lessees  shall 
have  the  right  to  renew  the  same  when  they  expire,  subject  to  all 
the  provisions  of  this  act. 

All  agreements  heretofore  made  by  any  person  or  corporation  with 
any  member  or  members  of  the  Choctaw  or  Chickasaw  Nations,  the 
object  of  which  was  to  obtain  such  member  or  members'  permission 
to  operate  coal  or  asphalt,  are  hereby  declared  void :  Provided,  That 
nothing  herein  contained  shall  impair  the  rights  of  any  holder  or 
owner  of  a  leasehold  interest  in  any  oil,  coal  rights,  asphalt,  or 
mineral  which  have  been  assented  to  by  act  of  Congress,  but  all  such 
interests  shall  continue  unimpaired  hereby  and  shall  be  assured  by 
new  leases  from  such  trustees  of  coal  or  asphalt  claims  described 
therein,  by  application  to  the  trustees  within  six  months  after  the 
ratification  of  this  agreement,  subject,  however,  to  payment  of 
advance  royalties  herein  provided  for. 


INDIAN  LANDS^  PP.  052-1037. 


1007 


All  leases  under  this  agreement  shall  include  the  coal  or  asphaltuni, 
or  other  mhieral,  as  the  case  may  be,  in  or  under  960  acres,  which 
shall  be  in  a  square  as  nearly  as  possible,  and  sliaQ  bo  for  30  years. 
The  royalty  on  coal  shall  be  15  cents  per  ton  of  2000  pounds  on  all 
coal  mined,  payable  on  the  25th  day  of  the  month  next  succeeding  that 
in  which  it  is  mined.  Royalty  on  asphalt  shall  be  60  cents  per  ton, 
payable  same  as  coal:  Provided,  That  the  Secretary  of  the  Interior 
may  reduce  or  advance  royalties  on  coal  and  asphalt  when  ho  deems 
it  for  the  best  interests  of  the  Choctaws  and  Chickasaws  to  do  so.  No 
royalties  shall  be  paid  except  into  the  United  States  Treasury  as 
herein  provided. 

All  lessees  shall  pay  on  each  coal  or  asphalt  claim  at  the  rate  of 
$100  per  annum,  in  advance,  for  the  first  and  second  years;  $200  in 
advance  for  the  third  and  fourth  years;  and  $500  for  each  succeeding 
year  thereafter.  All  such  payments  shall  be  treated  as  advanced 
royalty  on  the  mine  or  claim  on  which  they  are  made,  and  shall  be 
a  credit  as  royalty  when  each  said  mine  is  developed  and  operated, 
and  its  production  is  in  excess  of  such  guaranteed  annual  advance 
payments,  and  all  persons  having  coal  leases  must  pay  said  annual 
advanced  payments  on  each  claim  whether  developed  or  undevel- 
oped :  Provided,  however,  That  should  any  lessee  neglect  or  refuse  to 
pay  such  advanced  annual  royalty  for  the  period  of  60  days  after  the 
same  becomes  due  and  payable  on  any  lease,  the  lease  on  which  default 
is  made  shall  become  null  and  void,  and  the  royalties  paid  in  advance 
thereon  shall  then  become  and  be  the  money  and  property  of  the 
Choctow  and  Chickasaw  Nations. 

In  surface,  the  use  of  which  is  reserved  to  present  coal  operators, 
shall  be  included  such  lots  in  towns  as  are  occupied  by  lessees' 
houses,  either  occupied  by  said  lessees'  employees,  or  as  offices  or 
warehouses:  Provided,  however,  That  in  those  town  sites  designated 
and  laid  out  under  the  provision  of  this  agreement  where  coal  leases 
are  now  being  operated  and  coal  is  being  mined,  there  shall  be  reserved 
from  appraisement  and  sale  all  lots  occupied  by  houses  of  miners 
actually  engaged  in  mining,  and  only  while  they  are  so  engaged,  and 
in  addition  thereto  a  sufficient  amount  of  land,  to  be  determined  by 
the  town-site  board  of  appraisers,  to  furnish  homes  for  the  men 
actually  engaged  in  working  for  the  lessees  operating  said  mines,  and 
a  sufficient  amount  for  all  buildings  and  machinery  for  mining  pur- 
poses: And  provided  further,  That  when  the  lessees  shall  cease  to 
operate  said  mines,  then  and  in  that  event  the  lots  of  land  so  reserved 
shall  be  disposed  of  by  the  coal  trustees  for  the  benefit  of  the  Choctaw 
and  Chickasaw  Tribes. 

That  whenever  the  members  of  the  Choctaw  and  Chickasaw  Tribes 
shall  be  required  to  pay  taxes  for  the  support  of  schools,  then  the 
fund  arising  from  such  royalties  shall  be  disposed  of  for  the  equal 
benefit  of  their  members  (^reedmen  excepted)  in  such  manner  as  the 
tribes  may  direct. 

It  is  further  agreed  that  the  United  States  courts  now  existing,  or 
that  may  hereafter  be  created,  in  the  Indian  Territory  shall  have 
exclusive  jurisdiction  of  all  controversies  growing  out  of  the  titles, 
ownership,  occupation,  possession,  or  use  of  real  estate,  coal,  and 
asphalt  in  the  territory  occupied  by  the  Choctaw  and  Chickasaw 
Tribes;  and  of  all  persons  charged  with  homicide,  embezzlement, 
bribery,  and  embracery,  breaches,  or  disturbances  of  the  peace,  and 


1008  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


carrying  weapons,  hereafter  committed  in  the  territory  of  said  tribes, 
without  reference  to  race  or  citizenship  of  the  person  or  persons 
charged  with  such  crime;  and  any  citizen  or  officer  of  the  Choctaw 
or  Chickasaw  Nations  charged  with  such  crime  shall  be  tried,  and,  if 
convicted,  punished  as  though  he  were  a  citizen  or  officer  of  the  United 
States. 

******* 

A.  INDIAN  LANDS— LEASING  BY  ALLOTTEES. 

1.  Leasing  to  white  persons  recognized. 

2.  Statute  operates  prospectively  only. 

3.  Minerals  reserved  to  tribes. 

4.  Secretary's  exclusive  power  over  minerals. 

5.  Royalties  unlawful  unless  made  or  paid  as  provided. 

6.  Mining  leases. 

a.  Authorized  under  regulations. 

b.  Diligence  in  development  implied. 

c.  Acreage  and  term. 

1.  LEASING  TO  WHITE  PERSONS  RECOGNIZED. 

These  provisions  presuppose  the  fact  that  it  was  very  common  for  the  Chickasaw 
Nation  of  Indians  to  make  charters  for  mining  coal  and  other  minerals  in  the  Indian 
Territory,  to  white  persons,  and  the  Chickasaw  statute  does  not  in  terms  forbid  leasing 
mineral  lands  to  white  persons. 

McBride  v.  Farrington,  131  Fed.  797,  p.  802. 

2.  STATUTE  OPERATES  PROSPECTIVELY  ONLY. 

This  act  does  not  operate  to  deprive  the  lessors  of  coal  mines  in  the  Choctaw  Nation 
of  the  royalties  due  them  for  coal  mined  under  valid  leases  prior  to  the  enactment  of 
the  statute. 

Southwestern  Coal  Co.  v.  McBride,  185  U.  S.  499,  p.  502. 

Section  16  is  not  retrospective  in  its  operation  upon  royalties  already  earned,  and 
does  not  in  terms  or  by  implication  affect  royalties  due  under  existing  leases,  though 
it  prohibits  the  making  of  such  leases  and  prohibits  the  payment  of  royalties  under 
existing  leases  which  may  be  earned  and  accrue  after  the  passage  of  the  act. 

Atoka  Coal  &  Min.  Co.  v.  Adams,  104  Fed.  472,  p.  473. 

The  provisions  of  section  18  of  this  act  do  not  operate  retrospectively,  but  prospec- 
tively only. 

Southwestern  Coal  Co.  v.  McBride,  185  U.  S.  499,  p.  503. 
Southwestern  Coal  Co.  v.  McBride,  104  Fed.  473. 

3.   MINERALS  RESERVED  TO  TRIBES. 

The  allotment  of  lands  to  individual  members  of  the  C'herokee  Tribes  of  Indians, 
expressly  reserves  to  each  tribe  all  oil,  coal,  asphalt,  and  mineral  deposits  in  the  lands 
so  allotted,  and  no  such  allotment  shall  carry  or  transfer  title  to  any  such  oil,  coal, 
asphalt,  or  minerals  deposits. 

Cherokee  Nation  v.  Hitchcock,  187  U.  S.  294,  p.  302. 


INDIAN  LANDS,  PP.  952-1037. 


1009 


4.  secretary's  exclusive  power  over  MINERALS. 

Section  13  of  this  act  gives  the  Secretary'  of  the  Interior  exclusive  powers  over  the 
oil,  coal,  asphalt,  and  other  minerals  and  authorizes  him  to  make  leases  for  such  oil, 
coal,  asphalt,  or  other  minerals,  under  certain  conditions. 

Cherokee  Nation  v.  Hitchcock,  187  U.  S.  294,  p.  303. 

In  an  action  by  the  Cherokee  Nation  against  the  Secretary  of  the  Interior  to  enjoin 
him  from  making  illegal  leases  of  oil,  coal,  asphaltum,  or  other  minerals,  under  the  sup- 
posed authority  of  this  section,  the  persons  to  whom  such  leases  are  made,  or  are  pro- 
posed to  be  made,  are  not  necessary  parties  to  the  bill. 

Cherokee  Nation  v.  Hitchcock,  187  U.  S.  294,  p.  300. 

5.  ROYALTIES  UNLAWFUL  UNLESS  MADE  OR  PAID  AS  PROVIDED. 

Section  16  of  this  act  makes  it  unlawful  for  any  person  hereafter,  except  as  provided, 
to  claim,  demand,  or  receive  any  royalty  on  oil,  coal,  asphalt,  or  other  mineral  belong- 
ing to  any  one  of  the  tribes  in  the  Indian  Territory. 

Cherokee  Nation  v.  Hitchcock,  187  U.  S.  294,  p.  304. 

By  this  section  it  is  made  unlawful  for  any  person  to  pay  royalties  or  rents  on  any 
mineral  or  timber  lands  to  the  Chickasaw  Nation  or  its  citizens  except  such  payment 
be  made  pursuant  to  rules  and  regulations  prescribed  by  the  Secretary  of  the  Interior. 

McBride  v.  Farrington,  131  Fed.  797,  p.  802. 

6.  MINING  LEASES. 

a.  AUTHORIZED  UNDER  REGULATIONS. 

Pursuant  to  the  terms  o^this  act,  the  Secretary  of  the  Interior  promulgated  certain 
rules  and  regulations  relative  to  coal  and  asphalt  leases  and  the  operation  of  mines 
thereunder,  and  fixing  the  royalties  to  be  paid,  and  required  the  payment  of  advanced 
royalties. 

United  States  v.  McMurray,  181  Fed.  723,  p.  726. 

b.  DILIGENCE  IN  DEVELOPMENT  IMPLIED. 

While  a  lease  may  make  no  provision  as  to  the  diligence  the  lessee  shall  exercise  in 
development,  yet  it  may  be  assumed  that  Congress  in  granting  the  authority  to  the 
mining  trustees  to  make  leases  contemplated  that  one  of  the  terms  thereof  should  be 
the  requirement  of  due  diligence  in  development,  and  a  lessee  can  not  excuse  an  un- 
conscionable delay  by  relying  upon  the  fact  that  he  had  paid  the  advanced  royalties 
provided  by  the  act,  and  the  question  as  to  due  diligence  is  to  be  determined  by  the 
courts. 

United  States  v.  McMurray,  181  Fed.  723,  p.  728. 

C.  ACREAGE  AND  TERM. 

Leases  under  this  act  shall  each  contain  960  acres  in  as  nearly  a  square  form  as  possi- 
ble, and  shall  extend  for  a  period  of  30  years,  and  the  royalty  shall  be  15  cents  per  ton, 
payable  on  a  certain  fixed  date,  and  the  lessee  must  pay  $100  the  first  and  second  years, 
$200  for  the  third  and  fourth  years,  and  $500  for  each  succeeding  year,  and  these  pay- 
ments are  to  be  credited  upon  the  royalties  subsequently  due;  and  the  Secretary  of 
the  Interior  is  not  authorized  to  change  or  modify  by  rules  and  regulations  any  of  the 
provisions  of  the  act,  except  the  royalties  per  ton,  which  he  may  change  under  stated 
conditions,  and  he  can  not  arbitrarily  determine  by  a  regulation  what  shall  constitute 
reasonable  diligence  in  the  development  of  the  leased  premises,  and  declare  a  lease 
forfeited  for  failure  to  develop  the  premises  according  to  such  arbitrary  determination. 

United  States  v.  McMurray,  181  Fed.  723,  pp.  728,  730. 


1010  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


31  STAT.  848,  p.  861,  MARCH  1,  1901. 

COAL  AND  OIL  RIGHTS. 
AN  ACT  To  ratify  and  confirm  an  agreement  with  the  Cherokee  Tribe  of  Indians. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  79.  That  nothing  in  this  act  contained  shall  be  held  or  con- 
strued to  change,  alter,  modify,  or  impair  any  existing  coal  or  oil 
rights  heretofore  acquired  by  lease,  location,  development,  or  other- 
wise, or  to  ratify,  confirm,  recognize,  or  validate  any  such  right. 

32  STAT.  245,  pp.  263,  266,  MAY  27,  1902. 

MINING  LEASES  PROTECTED. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the 
Indian  Department  and  for  fulfilling  treaty  stipulations  with  various  Indian  tribes 
for  the  fiscal  year  ending  June  30,  1903,  and  for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

That  the  Secretary  of  the  Interior,  with  the  consent  thereto  of  the 
majority  of  the  adult  male  Indians  of  the  Uintah  and  the  White  River 
Tribes  of  Ute  Indians,  to  be  ascertained  as  soon  as  practicable  by  an 
inspector,  shall  cause  to  be  allotted  to  each  head  of  a  family  80  acres 
of  agricultural  land  which  can  be  irrigated  and  40  acres  of  such  land 
to  each  other  member  of  said  tribes,  said  allotments  to  be  made  prior 
to  October  1,  1903,  on  which  date  all  the  unallotted  lands  within  said 
reservation  shall  be  restored  to  the  public  do«nain:  Provided,  That 
persons  entering  any  of  said  land  under  the  homestead  law  shall  pay 
therefor  at  the  rate  of  $1.25  per  acre:  And  provided  further,  That 
nothing  herein  contained  shall  impair  the  rights  of  any  mineral  lease 
which  has  been  approved  by  the  Secretary  of  the  Interior,  or  any 
permit  heretofore  issued  by  direction  of  the  Secretary  of  the  Interior 
to  negotiate  with  said  Indians  for  a  mineral  lease;  but  any  person  or 
company  having  so  obtained  such  approved  mineral  lease  or  such 
permit  to  negotiate  with  said  Indians  for  a  mineral  lease  on  said  reser- 
vation, pending  such  time  and  up  to  30  days  before  said  lands  are 
restored  to  the  public  domain  as  aforesaid,  shall  have  in  lieu  of  such 
lease  or  permit  the  preferential  right  to  locate  under  the  mining  laws 
not  to  exceed  640  acres  of  contiguous  mineral  land,  excej)t  the  Raven 
Mining  Co.,  which  may  in  lieu  of  its  lease  locate  100  mining  claims  of 
the  character  of  mineral  mentioned  in  its  lease;  and  the  proceeds  of 
the  sale  of  the  lands  so  restored  to  the  public  domain  shall  be  applied, 
first,  to  the  reimbursement  of  the  United  States  for  any  moneys 
advanced  to  said  Indians  to  carry  into  effect  the  foregoing  provisions; 
and  the  remainder,  under  the  direction  of  the  Secretary  of  the  Interior, 
shall  be  used  for  the  benefit  of  said  Indians. 

That  the  mineral  lands  only  in  the  Spokane  Indian  Eeservation, 
in  the  State  of  Washington,  shall  be  subject  to  entry  under  the  laws 
of  the  United  States  in  relation  to  the  entry  of  mineral  lands:  Pro- 
vided, That  lands  allotted  to  the  Indians  or  used  by  the  Government 
for  any  purpose  or  by  any  school  shall  not  be  subject  to  entry  under 
this  provision. 


INDIAN  LANDS,  PP.  952-1037.  1011 
A.  INDIAN  LANDS. 

1.  Operation  of  act  postponed. 

2.  Time  for  opening  unallotted  lands. 

3.  Preferential  rights  to  leaseholders. 

4.  Raven  Mining  Co. — Title  to  mining  claims. 

1.  operation  of  act  postponed. 

The  two  joint  resolutions  passed  by  Congress  on  May  27,  1902  (32  Stat.  744),  post- 
poning the  operation  of  this  act,  had  the  effect  of  suspending  a  locator's  right  to  locate 
mineral  claims  on  such  land  where  such  location  was  made  on  the  same  date. 

Gibson  v.  Anderson,  131  Fed.  39,  p.  42. 

2.  TIME  FOR  OPENING  UNALLOTTED  LANDS. 

The  time  of  opening  the  unallotted  lands  in  the  Uintah  Reservation,  as  provided 
for  in  this  act,  was  extended  by  successive  acts  to  the  1st  of  September,  1905,  unless 
the  President  should  determine  that  the  same  might  be  opened  by  an  earlier  date. 

Raven  Min.  Co.,  In  re,  34  L.  D.  306,  p.  307. 
Raven  Min.  Co.,  In  re,  35  L.  D.  382,  p.  385. 

3.   PREFERENTIAL  RIGHTS  TO  LEASE  HOLDERS. 

As  this  act  had  granted  preferential  rights  to  locate  mining  claims  not  to  exceed 
640  acres  of  contiguous  lands  generally  to  those  holding  leases  or  permits  to  negotiate 
leases  from  the  Indians  as  well  as  especial  rights  to  the  Raven  Mining  Co.,  it  became 
necessary  to  identify  and  separate  the  mineral  claims  located  under  these  privileges 
before  the  opening  of  the  general  body  of  the  land  by  the  President's  proclamation. 

Raven  Min.  Co.,  In  re,  34  L.  D.  306. 
See  Raven  Min.  Co.,  In  re,  35  L.  D.  382. 

4.  RAVEN  MINING  CO.  TITLE  TO  MINING  CLAIMS. 

This  act  made  no  further  provision  with  regard  to  the  completion  of  title  to  these  100 
mining  claims  which  the  Raven  Mining  Co.  was  authorized  to  locate,  and  in  the 
absence  of  such  legislation  title  to  these  claims  could  be  obtained  only  in  the  ordi- 
nary manner  provided  for  by  the  mining  laws  for  the  completion  of  title  to  mining 
claims  elsewhere  upon  the  public  domain,  and  in  compliance  with  section  2325  R.  S. 

Raven  Min.  Co.,  In  re,  34  L.  D.  306,  p.  308. 

The  right  granted  to  Raven  Mining  Co.  under  this  act  to  locate  100  mining  claims 
of  the  character  of  mineral  mentioned  in  its  lease  is  not  limited  in  its  exercise  to  the 
lands  formerly  embraced  within  such  lease. 

Raven  Min.  Co.,  In  re,  35  L.  D.  382,  pp.  384,  386. 

The  rights  existing  under  the  lease  were  terminated  upon  the  definite  location  of 
the  ground  by  the  Raven  Mining  Co.  in  the  form  in  which  it  applied  for  the  issuance 
of  a  patent  under  the  locations  made. 

Raven  Min.  Co.,  In  re,  36  L.  D.  190,  p.  191. 

32  STAT.  500,  p.  504,  JUNE  30,  1902. 

LEASE. 

AN  ACT  To  ratify  and  confirm  a  supplemental  agreement  with  the  Creek  Tribe  of 

Indians,  etc. 

Be  it  enacted,  etc.,  That  the  following  supplemental  agreement, 
submitted  by  certain  commissioners  of  the  Creek  Tribe  of  Indians, 
as  herein  amended,  is  hereby  ratified  and  confirmed  on  the  part  of 
the  United  States,  and  the  same  shall  be  of  full  force  and  effect  if 


1012  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


ratified  by  the  Creek  tribal  council  on  or  before  September  1,  1902, 
which  said  supplement  agreement  is  as  follows:    *    *  * 

Sec.  17.  Section  37  of  the  agreement  ratified  by  said  act  of  March 
1,  1901  (31  Stat.  871),  is  amended,  and  as  so  amended  is  reenacted  to 
read  as  follows : 

''Creek  citizens  may  rent  their  allotments,  for  strictly  nonmineral 
purposes,  for  a  term  not  to  exceed  one  year  for  grazing  purposes  only 
and  for  a  period  not  to  exceed  five  years  for  agricultural  purposes, 
but  without  any  stipulation  or  obligation  to  renew  the  same.  Such 
leases  for  a  period  longer  than  one  year  for  grazing  purposes  and  for  a 
period  longer  than  five  years  for  agricultural  purposes,  and  leases  for 
mineral  purposes  may  also  be  made  with  the  approval  of  the  Secretary 
of  the  Interior,  and  not  otherwise.  Any  agreement  or  lease  of  any 
kind  or  character  violative  of  this  paragraph  shall  be  absolutely 
void  and  not  susceptible  of  ratification  in  any  manner,  and  no  rule 
of  estoppel  shall  ever  prevent  the  assertion  of  its  invalidity.    *    *  * 

A.  INDIAN  LANDS. 

1.  OIL  AND  GAS  LEASE  EXECUTION  AND  EFFECT — RECORD. 

A  lease  executed  by  an  Indian  for  oil  and  gas  creates  an  inchoate  interest  in  the 
land  which  by  the  approval  of  the  Secretary  of  the  Interior  becomes  absolute  without 
any  further  act  of  the  parties  and  by  the  doctrine  of  relation  the  leasehold  estate  upon 
the  approval  of  the  lease  has  its  beginning  at  the  date  of  the  execution  and  delivery 
of  the  instrument,  but  such  a  lease  must  as  against  an  innocent  purchaser  of  the  land 
for  value  be  recorded  before  it  is  approved  by  the  Secretary  of  the  Interior. 

Shulthis  V.  MacDougal,  170  Fed.  539,  p.  536. 

A  lease  of  Indian  lands  under  this  statute  and  prior  to  its  amendment  or  repeal  was 
known  as  a  departmental  lease  made  under  the  statute  and  the  rules  of  the  Land 
Department  giving  the  lessee  the  right  to  explore  for  and  extract  oil  and  gas  from  the 
leased  lands  for  a  period  of  15  years,  and  required  the  approval  of  the  Secretary  of  the 
Interior  to  make  it  valid,  and  according  to  the  rules  of  the  Land  Office  it  must  be 
executed  in  quadruplicate,  one  copy  for  the  Secretary  of  the  Interior,  another  to  be 
filed  in  the  office  of  the  Indian  agent,  and  one  copy  each  for  the  lessor  and  lessee,  and 
it  must  be  recorded  within  the  proper  registration  district  of  the  territory,  though  no 
extra  copy  was  required  for  that  purpose. 

Shulthis  V.  McDougal,  170  Fed.  529,  p.  536. 
See  Shulthis  v.  MacDougal,  162  Fed.  331. 

An  oil  and  gas  lease  of  Indian  lands  is  required  to  be  recorded  within  the  proper 
registration  district  and  of  which  all  persons  must  take  notice,  but  a  purchaser  of  oil 
and  gas  lands  is  not  required  to  inquire  for  any  such  oil  or  gas  lease  at  the  Indian  agency, 
though  a  copy  of  such  lease  is  required  to  be  deposited  with  the  proper  Indian  agent, 
but  this  is  purely  for  administrative  purposes  and  does  not  constitute  notice  though 
a  person  by  inquiry  might  ascertain  the  fact,  but  no  information  from  an  Indian 
agent,  whether  correct  or  not,  will  be  controlling  as  against  the  record  of  such  a  lease  at 
the  proper  registration  office. 

Shulthis  V.  McDougal,  170  Fed.  529,  p.  537. 

A  purchaser  of  oil  and  gas  land  from  an  Indian  is  not  chargeable  with  notice  of  a 
prior  unrecorded  oil  and  gas  lease  though  he  was  informed  by  the  grantor  that  he  had 
signed  an  oil  lease,  but  thought  it  worthless  because  the  lessee  afterwards  returned 
and  wanted  him  to  sign  new  papers,  which  he  refused  to  do,  and  where  such  purchaser 
thereupon  required  an  abstract  of  the  title  and  such  abstract  showed  no  such  recorded 
lease. 

Shulthis  V.  McDougal,  170  Fed.  529,  p.  538. 


INDIAN  LANDS^  PP.  952-1037. 


1013 


32  STAT.  641,  p.  642,  JULY  1,  1902. 

APPRAISEMENT— MINEllALS—ClIOirrAW  AND  CHICKASAW. 

AN  ACT  To  ratify  and  confirm  an  agreement  with  the  Choctaw  and  Chickasaw  tribes 
of  Indians,  and  for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

9.  All  lands  belonging  to  the  Choctaw  and  Chickasaw  tribes  in  the 
Indian  Territory,  except  such  as  are  herein  reserved  from  allotment, 
shall  be  appraised  at  their  true  value:  Provided,  That  in  determining 
such  value  consideration  shall  not  be  given  to  the  location  thereof, 
to  any  mineral  deposits,  or  to  any  timber  except  such  pine  timber  as 
may  have  been  heretofore  estimated  by  the  Commission  to  the  Five 
Civilized  Tribes,  and  without  reference  to  improvements  which  may 
be  located  thereon. 

10.  The  appraisement  as  herein  provided  shall  be  made  by  the 
Commission  to  the  Five  Civilized  Tribes,  and  the  Choctaw  and  Chicka- 
saw tribes  shall  each  have  a  representative  to  be  appointed  by  the 
respective  executives  to  cooperate  with  the  said  commission.   *   *  * 

26.  The  following  lands  shall  be  reserved  from  the  allotment  of 
lands  herein  provided  for:    *    *  * 

(d)  All  lands  which  shall  be  segregated  and  reserved  by  the  Secre- 
tary of  the  Interior  on  account  of  their  coal  or  asphalt  deposits,  as 
hereinafter  provided.  And  the  lands  selected  by  the  Secretary  of 
the  Interior  at  and  in  the  vicinity  of  Sulphur  in  the  Chickasaw  Nation, 
under  the  cession  to  the  United  States  hereunder  made  by  said 
tribes.    *    *  * 

56.  At  the  expiration  of  two  years  after  the  final  ratification  of 
this  agreement  all  deposits  of  coal  and  asphalt  which  are  in  lands 
within  the  limits  of  any  town  site  established  under  the  Atoka  agree- 
ment, or  the  act  of  Congress  of  May  31,  1900,  or  this  agreement,  and 
which  are  within  the  exterior  limits  of  any  lands  reserved  from  allot- 
ment on  account  of  their  coal  or  asphalt  deposits,  as  herein  provided 
and  which  are  not  at  the  time  of  the  final  ratification  of  this  agree- 
ment embraced  in  any  then  existing  coal  or  asphalt  lease,  shall  be 
sold  at  public  auction  for  cash  under  the  direction  of  the  President 
as  heremafter  provided,  and  the  proceeds  thereof  disposed  of  as 
herein  provided  respecting  the  proceeds  of  the  sale  of  coal  and  asphalt 
lands. 

57.  All  coal  and  asphalt  deposits  which  are  within  the  limits  of 
any  town  site  so  established,  which  are  at  the  date  of  the  final  ratifi- 
cation of  this  agreement  covered  by  any  existing  lease,  shall,  at  the 
expiration  of  two  years  after  the  final  ratification  of  this  agreement, 
be  sold  at  public  auction  under  the  direction  of  the  President  as 
hereinafter  provided,  and  the  proceeds  thereof  disposed  of  as  pro- 
vided in  the  last  preceding  section.  The  coal  or  asphalt  covered  by 
each  lease  shall  be  separately  sold.  The  purchaser  shall  take  such 
coal  or  asphalt  deposits  subject  to  the  existing  lease,  and  shall  by 
the  purchase  succeed  to  all  the  rights  of  the  two  tribes  of  every  kind 
and  character,  under  the  lease,  but  all  advanced  royalties  received 
by  the  tribe  shall  be  retained  by  them. 

58.  Within  six  months  after  the  final  ratification  of  this  agreement 
the  Secretary  of  the  Interior  shall  ascertain,  so  far  as  may  be  practi- 
cable, what  lands  are  principally  valuable  because  of  their  deposits 
of  coal  or  asphalt,  including  therein  all  lands  which  at  the  time  of  the 


1014  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


final  ratification  of  thiis  agreement  stiall  be  covered  by  then  existing 
coal  or  asphalt  leases,  and  within  that  time  he  shall,  by  a  written  order, 
segregate  and  reserve  from  allotment  all  of  said  lands.  Such  segre- 
gation and  reservation  shall  conform  to  the  subdivisions  of  the  Gov- 
ernment survey  as  nearly  as  may  be,  and  the  total  segregation  and 
resei-vation  shall  not  exceed  500,000  acres.  No  lands  so  reserved 
shall  be  allotted  to  any  member  or  freedman,  and  the  improve- 
ments of  any  member  or  freedman  existing  upon  any  of  the  lands 
so  segregated  and  reserved  at  the  time  of  their  segregation  and  reser- 
vation shall  be  appraised  under  the  direction  of  the  Secretary  of 
the  Interior,  and  shall  be  paid  for  out  of  any  common  funds  of  the 
two  tribes  in  the  Treasury  of  the  United  States,  upon  the  order  of  the 
Secretary  of  the  Interior.  All  coal  and  asphalt  deposits,  as  well  as 
other  minerals  which  may  be  found  in  any  lands  not  so  segregated 
and  reserved,  shall  be  deemed  a  part  of  the  land  and  shall  pass  to  the 
allottee  or  other  person  who  may  lawfully  acquire  title  to  such  lands. 

59.  All  lands  segregated  and  reserved  under  the  last  preceding 
section,  excepting  those  embraced  within  the  limits  of  a  town  site, 
established  as  hereinbefore  provided,  shall,  within  three  years  from  the 
final  ratification  of  this  agreement  and  before  the  dissolution  of  the 
tribal  governments,  be  sold  at  public  auction  for  cash,  under  the 
direction  of  the  President,  by  a  commission  composed  of  three  persons, 
which  shall  be  appointed  by  the  President,  one  on  the  recommen- 
dation of  the  principal  chief  of  the  Choctaw  Nation,  who  shall  be  a 
Choctaw  by  blood,  and  one  on  the  recommendation  of  the  governor 
of  the  Chickasaw  Nation,  who  shall  be  a  Chickasaw  by  blood.  Either 
of  said  commissioners  may,  at  any  time,  be  removed  by  the  Presi- 
dent for  good  cause  shown.  Each  of  said  commissioners  shall  be 
paid  at  the  rate  of  $4,000  per  annum,  the  Choctaw  commissioner  to 
be  paid  by  the  Choctaw  Nation,  the  Chickasaw  commissioner  to  be 
paid  by  the  Chickasaw  Nation,  and  the  third  commissioner  to  be  paid 
by  the  United  States.  In  the  sale  of  coal  and  asphalt  lands  and  coal 
and  asphalt  deposits  hereunder,  the  commission  shall  have  the  right 
to  reject  any  or  all  bids  which  it  considers  below  the  value  of  any 
such  lands  or  deposits.  The  proceeds  arising  from  the  sale  of  coal 
and  asphalt  lands  and  coal  and  asphalt  deposits  shall  be  deposited 
in  the  Treasury  of  the  United  States  to  the  credit  of  said  tribes  and 
paid  out  per  capita  to  the  members  of  said  tribes  (freedmen  excepted) 
with  the  other  moneys  belonging  to  said  tribes  in  the  manner  pro- 
vided by  law.  The  lands  embraced  within  any  coal  or  asphalt  lease 
shall  be  separately  sold,  subject  to  such  lease,  and  the  purchaser  shall 
succeed  to  all  rights  of  the  two  tribes  of  every  kind  and  character, 
under  the  lease,  but  all  advanced  royalties  received  by  the  tribes 
shall  be  retained  by  them.  The  lands  so  segregated  and  reserved, 
and  not  included  within  any  existing  coal  or  asphalt  lease,  shall  be 
sold  in  tract^not  exceeding  in  area  a  section  under  the  Government 
survey. 

60.  Upon  the  recommendation  of  the  chief  executive  of  each  of 
the  two  tribes,  and  where  in  the  judgment  of  the  President  it  is  advan- 
tageous to  the  tribes  so  to  do,  the  sale  of  any  coal  or  asphalt  lands 
which  are  herein  directed  to  be  sold  may  be  made  at  any  time  after 
the  expiration  of  six  months  from  the  final  ratification  of  this  agree- 
ment, without  awaiting  the  expiration  of  the  period  of  two  years,  as 
hereinbefore  provided. 


INDIAN  LANDS,  PP.  952-1037. 


1015 


61.  No  lease  of  any  coal  or  asphalt  lauds  shall  be  made  after  the 
final  ratification  of  this  agreenicnt,  the  provisions  of  the  Atoka  agree- 
ment to  the  contrary  notwithstanding. 

62.  Where  any  lands  so  as  aforesaid  segregated  and  reserved  on 
account  of  their  coal  or  asphalt  deposits  are  in  this  agreement  specifi- 
cally reserved  from  allotment  for  any  other  reason,  the  sale  to  be 
made  hereunder  shall  be  only  of  the  coal  and  asphalt  deposits  con- 
tained therein,  and  in  all  other  respects  the  other  specified  reserva- 
tion of  such  lands  herein  provided  for  shall  be  fully  respected. 

63.  The  chief  executives  of  the  two  tribes  shall  execute  and  deliver, 
with  the  approval  of  the  Secretary  of  the  Interior,  to  each  purchaser 
of  any  coal  or  asphalt  lands  so  sold,  and  to  each  purchaser  of  any 
coal  or  asphalt  deposits  so  sold,  an  appropriate  patent  or  instrument 
of  conveyance,  conveying  to  the  purchaser  the  property  sold. 

32  STAT.  716,  p.  726,  sec.  72,  JULY  1,  1902. 

LEASING— CHEROKEE  NATION. 

AN  ACT  To  provide  for  the  allotment  of  the  lands  of  the  Cherokee  Nation,  for  the 
disposition  of  town  sites  therein,  etc. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  72.  Cherokee  citizens  may  rent  their  allotments  when  selected 
for  a  term  not  to  exceed  one  year  for  grazing  purposes  only,  and  for 
a  period  not  to  exceed  five  years  for  agricultural  purposes,  but  with- 
out any  stipulation  or  obligation  to  renew  the  same;  but  leases  for 
a  period  longer  than  one  year  for  grazing  purposes  and  for  a  j)eriod 
longer  than  five  years  for  agricultural  purposes  and  for  mineral 
purposes  may  also  be  made  with  the  approval  of  the  Secretary  of  the 
Interior  and  not  otherwise.  Any  agreement  or  lease  of  any  kind 
or  character  violative  of  this  section  shall  be  absolutely  void  and  not 
susceptible  of  ratification  in  any  manner,  and  no  rule  of  estoppel 
shall  ever  prevent  the  assertion  of  its  invalidity. 

-  H<  *  ^  *  *  * 

A.  INDIAN  LANDS— LEASING  ACT. 

1.  Power  of  Secretary  as  to  oil  and  gas  leases. 

2.  Lbiitations  on  power  of  Indian  allottee  to  lease. 

3.  Term  of  Indian  lease  with  Secretary's  approval. 

4.  Oil  and  gas  lease— Nature  and  effect. 

5.  Lease  to  explore  as  a  license. 

6.  Subletting  or  transfer  of  lease  prohibited. 

7.  Lease  by  minor — Validity — Approval  by  Secretary — 

Effect. 

8.  Fraudulent  contract  relating  to  lease  not  enforced. 

1.  POWER  OF  secretary  AS  TO  OIL  AND  GAS  LEASES. 

Under  this  statute  the  power  of  the  Secretary  of  the  Interior  relating  to  Indian 
leases  for  oil  and  gas  is  not  limited  to  the  mere  approval  or  disapproval  of  the  lease, 
but  he  is  authorized  to  make  any  such  lease  subject  to  any  existing  departmental 
regulation,  and  such  regulation  is  binding  alike  on  the  lessor  and  lessee. 

Dixon  V.  Owen  (Okla.),  132  Pac.  351,  p.  353. 


1016  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


A  lease  of  Indian  lands  for  five  years  or  more  for  mineral  purposes  comes  to  the  Sec- 
retary of  the  Interior  for  approval  as  a  lease  competently  executed,  and  he  may  act 
on  that  presumption,  and  while  he  may  properly  inquire  as  to  the  validity  of  its  exe- 
cution or  the  competency  of  the  lessor,  and  might  decline  to  approve  if  advised  of 
fatal  defects,  or  of  the  incompetency  of  the  lessor,  but  he  is  not  required  to  investigate 
and  decide  judicially  matters  lying  back  of  and  not  appearing  upon  the  face  of  the 
instrument;  and  if  he  did  this  his  decision  would  not  be  conclusive. 

Jennings  v.  Wood,  192  Fed.  507,  p.  508. 

The  approval  of  the  Secretary  contemplated  by  this  section  proceeds  upon  a  con- 
sideration of  the  terms  of  the  instrument  offered  and  whether  such  terms  are  reasonable 
for  the  interests  of  the  Indian  and  were  intended  as  an  additional  safeguard  for  his 
protection;  and  a  disapproval  of  the  Secretary  is  merely  a  veto. 

Jennings  v.  Wood,  192  Fed.  507,  p.  508. 

2.  LIMITATIONS  ON  POWER  OF  INDIAN  ALLOTTEE  TO  LEASE. 

The  limitation  and  authority  of  this  act  necessarily  placed  a  restriction  upon  the 
power  and  authority  of  the  Indian  allottee  to  lease  his  lands  for  the  purposes  mentioned 
to  just  such  terms  as  would  meet  the  approval  of  the  Secretary  of  the  Interior,  and  all 
Indian  allottees  took  their  lands  and  held  them  with  this  limitation  upon  their  power 
to  contract. 

Dixon  V.  Owen  (Okla.),  132  Pac.  351,  p.  353. 

3.  TERM  OF  INDIAN  LEASE  WITH  SECRETARY'S  APPROVAL. 

Under  this  statute  a  Cherokee  citizen  may  lease  his  allotment  for  oil  and  gas  pur- 
poses for  a  period  exceeding  five  years,  subject  to  the  approval  of  the  Secretary  of 
the  Interior,  and  any  lease  made  in  violation  of  the  statute  is  void. 

Alameda  Oil  Co.  v.  Kelly,  35  Okla.  525. 

This  statute  requires  the  approval  of  the  Secretary  of  the  Interior  to  an  oil  and  gas 
Idase  made  by  an  Indian  allottee  for  a  period  exceeding  five  years,  yet  the  act  does  not 
provide  within  what  time  the  Secretary  shall  be  required  to  make  the  approval. 

Alameda  Oil  Co.  v.  Kelly,  35  Okla.  525. 

Under  this  section  leases  for  more  than  one  year  by  Cherokee  citizens  for  grazing 
and  for  a  period  longer  than  five  years  for  agricultural  purposes  and  for  mining  pur- 
poses can  only  be  made  with  the  approval  of  the  Secretary  of  the  Interior,  and  any 
such  lease  not  so  made  and  approved  is  absolutely  void. 

Jennings  v.  Wood,  192  Fed.  507,  p.  508. 

4.  OIL  AND  GAS  LEASE  NATURE  AND  EFFECT. 

Oil  and  gas  leases  under  this  act,  unlike  a  grant  of  coal  in  place,  do  not  grant  the 
oil  and  gas  unless  found  and  removed  during  the  time,  and  under  the  regulationa 
of  the  Secretary  governing  such  leases  only  so  much  of  the  land  may  be  used  as  is 
reasonably  necessary  for  the  work. 

Barnsdall  v.  Owen,  200  Fed.  519,  p.  521. 

5.  LEASE  TO  EXPLORE  AS  A  LICENSE. 

An  agreement  in  the  form  of  a  lease  for  a  limited  term  of  years  under  this  act,  grant- 
ing the  right  to  explore  for  oil  and  gas  and  to  retain  that  found  and  extracted,  is  of 


INDIAN  LANDS,  PP.  052-1037. 


1017 


a  peculiar  class,  and  the  interest  of  the  lessee  resembles  a  license  more  than  an  estate 
in  the  land  itself. 

Barnsdall  v.  Owen,  200  Fed.  519,  p.  521. 

Dickey  v.  Coffeyville  Vitrified  Brick,  etc.,  Co.,  m  Kan.  106. 

Kolachny  v.  Galbreath,  2(>  Okla.  772. 

Frank  Oil  Co.  v.  Belleview  Co.,  29  Okla.  719. 

O'Neil  V.  Sun  Co.  (Tex.  Civ.  App.),  123  S.  W.  172. 

Smith  V.  Root,  66  W.  Va.  633. 

6.  SUBLETTING  OR  TRANSFER  OF  LEASE  PROHIBITED. 

Under  the  regulations  adopted  by  the  Secretary  of  the  Interior,  as  authorized  by 
this  act,  oil  and  gas  leases  by  an  Indian  allottee  can  not  be  sublet,  transferred,  or 
assigned  without  the  consent  and  approval  of  the  Secretary,  and  an  applicant  for  the 
approval  of  such  a  lease  is  required  to  state  under  oath  that  he  is  not  directly  or 
indirectly  interested  in  leases  of  similar  character  embracing  more  than  4,800  acres. 

Barnsdall  v.  Owen,  200  Fed.  519,  p.  520. 

A  contract  by  which  the  lessee  of  an  Indian  oil  and  gas  lease  executed  by  authority 
of  this  act,  by  which  the  charge  of  the  operations  for  oil  and  gas  are  given  to  a  third 
person  and  by  which  such  third  person  has  the  same  privileges  and  is  subjected  to  the 
same  restrictions  as  were  imposed  upon  the  lessee  by  the  lease,  with  the  right  to 
terminate  the  contract  as  to  the  lease  after  exploration,  and  requiring  the  operations 
to  be  carried  on  at  the  sole  expense  of  such  third  person,  subject  to  reimbursement 
from  the  proceeds  of  oil  if  found,  such  third  person  to  have  the  benefit  of  any  gas- 
producing  land,  excepted  under  the  terms  of  the  lease,  the  contracting  parties  to  share 
equally  in  the  net  profits,  is  not  a  mere  working  agreement  or  employment  of  such 
third  person  for  the  development  of  the  leased  lands,  but  is  a  transfer  of  an  interest 
in  the  lease,  which  is  expressly  prohibited  by  the  regulations  of  the  Secretary  of  the 
Interior. 

Barnsdall  v.  Owen,  200  Fed.  519,  p.  521. 

A  contract  by  which  a  lessee  of  an  Indian  oil  and  gas  lease  under  this  act  parts  with 
the  management  and  control  of  the  operations  to  another,  and  gives  the  latter  a 
beneficial  interest  in  the  fruits  of  the  lease,  is  within  the  regulations  of  the  Secretary 
of  the  Interior  against  subletting,  transferring,  or  assigning  any  such  lease  without 
the  consent  and  approval  of  the  Secretary. 

Barnsdall  v.  Owen,  200  Fed.  519,  p.  521. 

7.  LEASE  BY  MINOR — VALIDITY — APPROVAL  BY  SECRETARY — EFFECT. 

A  lease  of  land  for  five  years  or  more  for  mineral  purposes  by  a  Cherokee  citizen  who 
was  a  minor  and  incompetent  to  execute  such  lease  is  not  validated  by  the  approval  of 
the  Secretary  of  the  Interior,  as  provided  for  in  this  section;  but  the  incompetency  of 
the  lessor  and  the  validity  of  the  lease  must  be  determined  as  if  no  such  approval  was 
provided  for. 

Jennings  v.  Wood,  192  Fed.  507,  p.  508. 

The  approval  of  the  lease  by  the  Secretary  as  contemplated  by  this  section  does  not 
reach  back  and  supply  or  confirm  all  the  essential,  legal  prerequisites  of  a  valid  contract 
and  is  not  a  conclusive  determination  that  the  lessor,  if  a  minor,  was  in  fact  an  adult, 
or  that  he  was  sound  mentally,  or  that  he  belonged  to  the  class  or  his  land  was  of  the 
character  covered  by  the  statute,  if  in  fact  these  conditions  were  actually  wanting. 

Jennings  v.  Wood,  192  U.  S.  507,  p.  508. 
56974°— Bull.  94,  pt  2—15  13 


1018  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


The  approval  of  the  Secretary  of  the  Interior  of  a  lease  of  Indian  lands  for  five  years 
for  mineral  purposes  is  not  required  where  such  lease  was  executed  by  a  minor  and 
approved  by  the  proper  local  court  under  section  20  of  the  act  of  April  26,  1906  (34 
Stat.  137). 

Jennings  v.  Wood,  192  Fed.  507,  p.  509. 
See  Morrison  v.  Burnette,  154  Fed.  617. 

8.  FRAUDULENT  CONTRACT  RELATING  TO  LEASE  NOT  ENFORCED. 

A  contract  in  relation  to  an  oil  and  gas  lease  executed  by  an  Indian  allottee  under 
this  act,  made  for  the  sole  purpose  of  deceiving  a  public  officer  in  the  performance  of 
his  duty,  is  contrary  to  public  policy  and  void,  and  a  court  of  equity  will  neither 
enforce  each  a  contract  nor  aid  either  of  the  parties  to  regain  his  prior  status, 

Barnsdall  v.  Owen,  200  Fed.  519,  p.  522. 

33  STAT.  189,  p.  208,  APRIL  21,  1904. 

COAL  AND  ASPHALT  LEASES. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the  Indian 
Department  and  for  fulfilling  treaty  stipulations  with  various  Indian  tribes  for  the 
fiscal  year  ending  June  30,  1905,  and  for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

And  provided  further,  That  the  Secretary  of  the  Interior  is  hereby 
granted  authority  to  sell  at  public  sale  in  tracts  not  exceeding  160 
acres  to  any  one  purchaser,  under  rules  and  regulations  to  be  made 
by  the  Secretary  of  the  Interior,  the  residue  of  land  in  the  Creek 
Nation  belonging  to  the  Creek  Tribe  of  Indians,  consisting  of  about 
500,000  acres,  and  being  the  residue  of  lands  left  over  after  allot- 
ments of  160  acres  to  each  of  said  tribe.  And  all  the  restrictions 
upon  the  alienation  of  lands  of  all  allottees  of  either  of  the  Five 
Civilized  Tribes  of  Indians  who  are  not  of  Indian  blood,  except 
minors,  are,  except  as  to  homesteads,  hereby  removed,  and  all 
restrictions  upon  the  alienation  of  all  other  allottees  of  said  tribes, 
except  minors,  and  except  as  to  homesteads,  may,  with  the  approval 
of  the  Secretary  of  the  Interior,  be  removed  under  such  rules  and 
regulations  as  the  Secretary  of  the  Interior  may  prescribe,  upon 
application  to  the  United  States  Indian  agent  at  the  Union  Agency 
in  charge  of  the  Five  Civilized  Tribes,  if  said  agent  is  satisfied  upon 
a  full  investigation  of  each  individual  case  that  such  removal  of 
restrictions  is  for  the  best  interest  of  said  allottee.    *    *  * 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized 
and  directed,  upon  the  sale  of  lands  in  Indian  Territory  covered  by 
coal  and  asphalt  leases,  to  sell  such  lands  subject  to  the  right  of 
the  lessee  to  use  so  much  of  the  surface  as  may  be  needed  for  coke 
ovens,  miners'  houses,  store  and  supply  buildings,  and  such  other 
structures  as  are  generally  used  in  the  production  and  shipment  of 
coal  and  coke.  Lessees  may  use  the  tipples  and  under  ground  work- 
ings located  on  any  lease  in  the  production  of  coal  and  coke  from 
adjoining  leases,  and  are  hereby  authorized  to  surrender  leased 
premises  to  the  owner  thereof  on  giving  60  days'  notice  in  writing 
to  such  owner  and  paying  all  charges  and  royalties  due  to  the  date  of 
surrender:  Provided,  however.  That  nothing^  herein  contained  shall 
release  the  lessee  from  the  payment  of  the  stipulated  royalty  so  long 


INDIAN  LANDS;  IT.  052-1037. 


1010 


as  such  lessee  remains  in  ])ossession  of  any  of  tiio  surface  of  the  hinds 
inchukMl  in  liis  k^ase  for  any  purpose  whatever:  And  provided,  That 
any  lessee  may  remove  or  dispose  of  any  machinery,  tools  or  equip- 
ment the  lessee  may  have  upon  the  leased  lands. 

H:  ^  ^  ^  ^  4c 

All  unleased  lands  which  are  by  section  59  of  an  act  entitled  ''An 
act  to  ratify  and  confirm  an  agreement  with  the  Choctaw  and  Chicka- 
saw Tribes  of  Indians,  and  for  other  purposes,"  approved  July  1,  1902 
(32  Stat.  654),  directed  to  ''be  sold  at  public  auction  for  cash,''  and 
all  other  unleased  lands  and  deposits  of  like  character  in  said  nations 
segregated  under  any  act  of  Congress,  shall,  instead,  be  sold  under 
direction  of  the  Secretary  of  the  Interior  in  tracts  not  exceeding 
960  acres  to  each  person,  after  due  advertisement,  upon  sealed  pro- 
posals, under  regulations  to  be  prescribed  by  the  Secretary  of  the 
Interior  and  approved  by  the  President,  with  authority  to  reject  any 
or  all  proposals:  Provided,  That  the  President  shall  appoint  a  com- 
mission of  three  persons,  one  on  the  recommendation  of  the  principal 
chief  of  the  Choctaw  Nation,  who  shaU  be  a  Choctaw  by  blood,  and 
one  upon  the  recommendation  of  the  governor  of  the  Chickasaw 
Nation,  who  shall  be  a  Chickasaw  by  blood,  which  commission  shaU 
have  a  right  to  be  present  at  the  time  of  the  opening  of  bids  and  be 
heard  in  relation  to  the  acceptance  or  rejection  thereof. 

All  expenses,  inclusive  of  necessary  clerical  help  in  the  Depart- 
ment of  the  Interior,  connected  with  and  incident  to  such  sale  shall 
be  paid  from  the  funds  of  the  Choctaw  and  Chickasaw  Tribes  on 
deposit  in  the  Treasury  of  the  United  States:  Provided,  That  aU 
leased  lands  shall  be  withheld  from  sale  until  the  further  direction  of 
Congress.    *    *  * 

That  any  private  land  over  which  an  Indian  reservation  has  been 
extended  by  Executive  order,  may  be  exchanged,  at  the  discretion  of 
the  Secretary  of  the  Interior  and  at  the  expense  of  the  owner  thereof 
and  under  such  rules  and  regulations  as  maybe  prescribed  by  the  Secre- 
tary of  the  Interior,  for  vacant,  nonmineral,  nontimbered,  surveyed 
public  lands  of  equal  area  and  value  and  situated  in  the  same  State 
or  Territory. 

A.  ALIENATION  BY  INDIAN  ALLOTTEES. 

1.  Restrictions  on  alienation  by  allottees  removed. 

2.  Oil  leases  subject  to  secretary's  approval. 

1.  restrictions  on  alienation  by  allottees  removed. 

This  statute  removed  restrictions  on  the  alienation  of  certain  lands  theretofore  allotted 
to  the  members  of  the  Five  Civilized  Tribes  of  Indians. 
Neilson  v.  Alberty,  36  Okla.  490,  p.  497. 

2.  OIL  leases  subject  to  secretary's  approval. 

A  valid  oil  lease  of  a  homestead  of  an  allottee  of  Indian  lands  can  not  be  made  with- 
out the  approval  of  the  Secretary  of  the  Interior,  as  this  is  the  express  exception  in 
this  act. 

Moore  v.  Sawyer,  167  Fed.  826,  p.  837. 


1020  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

33  STAT.  544,  APRIL  28,  1904. 

COAL  AND  ASPHALT. 

An  ACT  To  authorize  the  Secretary  of  the  Interior  to  add  to  the  segregation  of  coal 
and  asphalt  lands  in  the  Choctaw  and  Chickasaw  Nations,  Indian  Territory,  and 
for  other  purposes. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  is  hereby 
authorized  and  empowered  to  segregate  and  reserve  from  allotment, 
and  to  cancel  any  filings  or  applications  that  may  heretofore  have 
been  made  with  a  view  to  allotting  the  following-described  lands, 
situate  in  the  Choctaw  Nation,  to  wit:  The  north  half  of  the  south 
half  of  the  southeast  quarter,  and  the  northeast  quarter  of  the 
southeast  quarter  of  the  southwest  quarter  of  section  9;  the  north 
half  of  the  south  half  of  the  south  half  of  section  10;  the  north  half 
of  the  south  half  of  the  south  half  of  section  11,  and  the  north  half 
of  the  south  half  of  the  southwest  quarter  of  section  12,  all  in  town- 
ship 5  north,  range  19  east,  containing  250  acres,  more  or  less;  and 
the  northwest  quarter  of  the  southwest  quarter  of  section  8,  town- 
ship 5  north,  range  19  east,  and  the  southwest  quarter  of  the  north- 
east quarter  of  section  7,  township  5  north,  range  19  east,  containing 
80  acres,  more  or  less. 

Sec.  2.  That  the  provisions  of  sections  56  to  63,  inclusive,  of  the 
act  of  Congress  approved  July  1,  1902,  entitled  '^An  act  to  ratify  and 
confirm  an  agreement  with  the  Choctaw  and  Chickasaw  Tribes,  etc.'' 
(32  Stat.  653,  p.  655),  be,  and  the  same  are  hereby,  made  applicable 
to  the  lands  above  described,  the  same  as  if  the  said  described  lands 
had  been  made  a  part  of  the  segregation,  as  contemplated  by  said 
sections  56  to  63,  inclusive,  of  said  above  act  approved  July  1,  1902: 
Provided,  That  the  Secretary  of  the  Interior  may,  in  his  discretion, 
add  said  lands  to  and  make  them  a  part  of  the  coal  and  asphalt  min- 
ing leases  now  in  effect,  and  to  which  said  lands  above  described  are 
contiguous,  the  lands  in  each  case  to  be  added  to  and  made  a  part  of 
the  lease  to  which  they  are  adjacent  and  which  they  join.  Govern- 
ment subdivisions  being  followed  as  nearly  as  possible:  Provided 
further.  That  the  holder  or  holders  of  the  lease  or  leases  to  which 
such  lands  shall  be  added,  shall,  before  the  same  are  added,  pay  the 
Indian  or  Indians  who  have  filed  upon  or  applied  for  such  lands  as 
their  allotments,  or  who  are  in  possession  thereof,  the  value  of  the 
improvements  placed  on  the  land,  by  said  Indian  or  Indians,  such 
value  to  be  determined  under  the  direction  of  the  Secretary  of  the 
Interior:  And  provided  further.  That  said  lands  shaU  be  sold  as 
other  leased  coal  and  asphalt  lands  in  the  Choctaw  and  Chickasaw 
Nations,  in  the  Indian  Territory  are  sold. 

Sec.  3.  That  the  Choctaw,  Oklahoma  &  Gulf  Railroad  Co.  is  hereby 
authorized  and  empowered  to  sublet,  assign,  transfer,  and  set  over 
the  leases  which  it  now  has  upon  coal  lands  in  Choctaw  Nation,  Ind. 
T.,  or  any  of  them.  The  assignees  or  sublessees  of  said  Choctaw, 
Oklahoma  &  Gulf  Railroad  Co.  shall  file  good  and  sufficient  bonds 
for  the  faithful  performance  of  the  terms  of  the  original  leases,  to  be 
approved  by  the  Secretary  of  the  Interior. 


INDIAN  LANDS,  PP.  952-103*7. 


1021 


33  STAT.  1048,  p.  1061,  MARCH  3,  1905. 

OIL  LEASES. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the 
Indian  Department  and  for  fulfilling  treaty  stipulations  with  various  Indian  tribes 
for  the  fiscal  year  ending  June  30,  1906,  and  for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

For  survey  and  subdivision  of  Indian  reservations  and  of  lands  to 
be  allotted  to  Indians,  and  to  make  allotments  in  severalty,  to  be 
expended  by  the  Commissioner  of  Indian  Affairs,  under  the  direction 
of  the  Secretary  of  the  Interior,  $25,000.  And  the  President  is  hereby 
authorized,  in  his  discretion,  to  allot  the  lands  of  any  tribes  of  In- 
dians to  the  individual  members  thereof  whenever,  in  his  judgment, 
it  is  advantageous  for  such  Indians  that  such  allotments  be  made: 
Provided,  That  any  allotments  which  may  be  made  of  the  Osage 
Reservation  in  Oklahoma  Territory  shall  be  made  subject  to  the 
terms  and  conditions  of  the  lease  herein  authorized,  the  same  being 
a  renewal  as  to  a  part  of  the  premises  covered  by  certain  lease  dated 
March  16,  1896,  given  by  the  Osage  Nation  of  Indians  to  Edwin  B. 
Foster  and  approved  by  the  Secretary  of  the  Interior  and  now  owned 
by  the  Indian  Territory  Illuminating  Oil  Co.  under  assignments 
approved  by  the  Secretary  of  the  Interior,  which  said  lease  and  all 
subleases  thereof  duly  executed  on  or  before  December  31,  1904,  or 
executed  after  that  date  based  upon  contracts  made  prior  thereto, 
and  which  have  been  or  shall  be  approved  by  the  Secretary  of  the 
Interior,  to  the  extent  of  680,000  acres  in  the  aggregate,  are  hereby 
extended  for  the  period  of  10  years  from  the  16th  day  of  March,  1906, 
with  all  the  conditions  of  said  original  lease  except  that  from  and 
after  the  16th  day  of  March,  1906,  the  royalty  to  be  paid  on  gas 
shall  be  $100  per  annum  on  each  gas  well,  instead  of  $50  as  now 
provided  in  said  lease,  and  except  that  the  President  of  the  United 
States  shall  determine  the  amount  of  royalty  to  be  paid  for  oil. 
Said  determination  shall  be  evidenced  by  filing  with  the  Secretary 
of  the  Interior  on  or  before  December  31,  1905,  such  determination; 
and  the  Secretary  of  the  Interior  shall  immediately  mail  to  the 
Indian  Territory  Illuminating  Oil  Co.  and  each  sublessee  a  copy 
thereof. 

That  before  the  opening  of  the  Uintah  Indian  Reservation  the 
President  is  hereby  authorized  to  set  apart  and  reserve  as  an  addition 
to  the  Uintah  Forest  Reserve,  subject  to  the  laws,  rules,  and  regula- 
tions governing  forest  reserves,  and  subject  to  the  mineral  rights 
granted  b;y  the  act  of  Congress  of  May  27,  1902,  such  portion  of  the 
lands  within  the  Uintah  Indian  Reservation  as  he  considers  necessary, 
and  he  may  also  set  apart  and  reserve  any  reservoir  site  or  other  lands 
necessary  to  conserve  and  protect  the  water  supply  for  the  Indians  or 
for  general  agricultural  development,  and  may  confirm  such  rights 
to  water  thereon  as  have  already  accrued:  Provided,  That  the  pro- 
ceeds from  any  timber  on  such  addition  as  may  with  safety  be  sold 
prior  to  June  30,  1920,  shall  be  paid  to  said  Indians  in  accordance 
with  the  provisions  of  the  act  opening  the  reservation. 

That  the  Raven  Mining  Co.  shall,  within  60  days  from  the  passage 
of  this  act,  file  for  record,  in  the  office  of  the  recorder  of  deeds  of  the 


1022  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

county  in  which  its  claims  are  located,  a  proper  certificate  of  each 
location;  and  it  shall  also,  within  the  same  time,  file  in  the  ofiice  of 
the  Secretary  of  the  Interior,  in  the  city  of  Washington,  said  descrip- 
tion and  a  map  showing  the  locations  made  by  it  on  the  Uintah  Res- 
ervation, Utah,  under  the  act  of  Congress  of  Mslj  27,  1902  (32  Stat. 
263);  and  thereupon  the  Secretary  of  the  Interior  shall  forthwith 
cause  said  locations  to  be  inspected  and  report  made,  and  if  found 
to  contain  the  character  of  mineral  to  which  said  company  is  en- 
titled by  the  act  of  Congress  aforesaid  and  that  each  of  said  claims 
does  not  exceed  the  size  of  a  regular  mining  claim,  to  wit,  600 
by  1,500  feet,  he  shall  issue  a  patent  in  fee  to  the  Raven  Mining  Co. 
for  each  of  said  claims:  Provided  further.  That  the  Florence  Min- 
ing Co.  entitled  under  the  act  of  Congress  approved  May  27,  1902,  to 
the  preferential  right  to  locate  not  to  exceed  640  acres  of  contiguous 
mineral  land  in  the  Uintah  Reservation,  Utah,  shall  within  60  days 
from  the  passage  of  this  act  file  in  the  office  of  recorder  of  deeds  of 
the  county  in  which  its  location  is  made  a  proper  description  of  its 
claim,  and  it  shall  within  the  same  time  file  in  the  office  of  the  Secre- 
tary of  the  Interior  said  description  and  a  map  showing  the  location 
made  by  it  on  the  Uintah  Reservation,  Utah,  and  thereupon  the 
Secretary  of  the  Interior  shall  forthwith  cause  said  location  to  be 
inspected  and  report  thereon  made,  and  if  found  not  to  exceed  640 
acres  he  shall  issue  a  patent  in  fee  to  said  company  for  the  said  land: 
And  provided  further.  That  the  extension  of  time  for  opening  the 
unallotted  lands  to  public  entry  herein  granted  shall  not  extend  the 
time  to  make  locations  to  any  person  or  company  heretofore  given 
a  preferential  right,  but  the  Raven  Mining  Co.  and  the  Florence 
Mining  Co.  pending  the  time  for  opening  to  public  entry  the  Uintah 
Reservation  shall  have  the  right  of  ingress  and  egress  to  and  from 
their  respective  properties  over  and  through  said  reservation. 

A.  OSAGE  INDIAN  RESERVATION. 

B.  RAVEN  MINING  CO.'S  LOCATIONS. 

C.  INDIAN  LANDS— UINTAH  RESERVATION,  p.  1023. 

A.  OSAGE  INDIAN  RESERVATION. 

1.  FOSTER  OIL  LEASE  EXTENDED. 

This  act  extended  the  original  lease  of  the  Osage  Nation  to  Edwin  B,  Foster  for  10 
years  for  the  purpose  of  prospecting  for,  boring,  or  drilling  wells  for  mining  and  pro- 
ducing petroleum  and  natural  gas  on  all  the  land  in  the  Osage  Indian  Reservation. 

Barnsdall  Oil  Co.  v.  Leahy,  195  Fed.  731,  p.  732. 

B.  RAVEN  MINING  CO.'S  LOCATIONS. 

1.  COMPLIANCE  WITH  STATUTE. 

By  this  act  the  Raven  Mining  Co.  was  required,  within  60  days  from  the  passage  of 
the  act,  to  file  in  the  office  of  the  recorder  of  deeds  of  the  proper  county  a  certificate  of 
each  location  and  should  within  the  same  time  file  in  the  office  of  the  Secretry  of 
the  Interior  such  description  and  a  map  showing  the  location  made  by  it  under  the 
act  of  May  27,  1902  (32  Stat.  245,  p.  263). 

Raven  Min.  Co.,  In  re,  36  L.  D.  190,  p.  191. 


INDIAN  LANDS,  PP.  952-1037. 


1023 


Under  this  act  the  location  of  the  Raven  Mining  Co.  were  directed  to  be  made 
and  they  were  nxade  in  the  form  of  lode  claims,  and  upon  inspection  it  was  found 
that  they  contained  the  characteristics  of  mineral  mentioned  in  the  company's 
lease  and  to  which  it  was  entitled  under  the  act  of  May  27,  1902  (32  Stat.  245,  p.  263), 
and  the  company  was  relieved  by  this  act  from  compliance  with  many  of  the  conditions 
prescribed  in  section  2325  R.  S.,  such  as  making  the  formal  proof  required  under  the 
mining  laws  in  the  completion  of  title  to  mineral  land,  but  did  not  relieve  it  from  the 
payment  at  the  rate  of  $5  per  acre  for  the  mineral  lands  located  as  such  lode  claims. 

Raven  Min.  Co!,  In  re,  34  L.  D.  306,  p.  309. 
See  Raven  Min.  Co.,  In  re,  35  L.  D.  382. 

As  required  by  this  act,  the  Raven  Mining  Co.  duly  filed  in  the  Land  Department 
a  map  showing  the  location  made  by  it  on  the  Uintah  Reservation  under  the  act  of 
May  27,  1902  (32  Stat.  245,  p.  263). 

Raven  Min.  Co.,  In  re,  35  L.  D.  382,  p.  385. 
See  Raven  Min.  Co.,  In  re,  34  L.  D.  306. 

C.  INDIAN  LANDS— UINTAH  RESERVATION. 

1.  MINERAL  LANDS  PREVIOUSLY  DISPOSED  OF  EXCEPTED. 

In  the  proclamation  issued  (34  Stat.  319)  under  the  provisions  of  this  act  there  was 
excepted  from  the  lands  to  be  opened  such  mineral  lands  as  might  have  been  dis- 
posed of  under  existing  laws. 

Raven  ^n.  Co.,  In  re,  34  L.  D.  306,  p.  307. 
See  Raven  Min.  Co.,  In  re,  35  L.  D.  382. 

34  STAT.  137,  p.  141,  APRIL  26,  1906. 

SALE  OF  MINING  LEASES— FIVE  CIVILIZED  TRIBES. 

AN  ACT  To  provide  for  the  final  disposition  of  the  affairs  of  the  Five  Civilized  Tribes 

in  the  Indian  Territory. 

Be  it  enacted,  etc.,    *    *  *. 

Sec.  12.  That  the  Secretary  of  the  Interior  is  authorized  to  sell, 
upon  such  terms  and  under  such  rules  and  regulations  as  he  may 
prescribe,  all  lots  in  towns  in  the  Choctaw  and  Chickasaw  Nations 
reserved  from  appraisement  and  sale  for  use  in  connection  with  the 
operation  of  coal  and  asphalt  mining  leases  or  for  the  occupancy  of 
miners  actually  engaged  in  working  for  lessees  operating  coal  and 
asphalt  mines,  the  proceeds  arising  from  such  sale  to  be  deposited  in 
the  Treasury  of  the  United  States  as  are  other  funds  of  said  tribes. 

If  the  purchaser  of  any  town  lot  sold  under  the  provisions  of  law 
regarding  the  sale  of  town  sites  in  the  Choctaw,  Chickasaw,  Cherokee, 
Creek,  or  Seminole  Nations  fail  for  60  days  after  approval  hereof  to 
pay  the  purchase  price  or  any  installment  thereof  then  due,  or  shall 
fail  for  30  days  to  pay  the  purchase  price  or  any  installment  thereof 
falling  due  hereafter,  he  shall  forfeit  all  rights  under  his  purchase, 
together  with  all  money  paid  thereunder,  and  the  Secretary  of  the 
Interior  may  cause  the  lots  upon  which  such  forfeiture  is  made  to 
be  resold  at  public  auction  for  cash,  under  such  rules  and  regulations 
as  he  may  prescribe.    *    *  * 

Sec.  13.  That  all  coal  and  asphalt  lands  whether  leased  or  unleased 
shall  be  reserved  from  sale  under  this  act  until  the  existing  leases 
for  coal  and  asphalt  lands  shall  have  expired  or  until  such  time  as 
may  be  otherwise  provided  by  law. 

******* 


1024  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

Sec.  16.  *  *  *  The  Secretary  of  the  Interior  is  hereby  author- 
ized to  sell,  whenever  in  his  judgment  it  may  be  desirable,  any  of  the 
unallotted  land  in  the  Choctaw  and  Chickasaw  Nations,  which  is 
not  principally  valuable  for  mining,  agricultural,  or  timber  purposes, 
in  tracts  of  not  exceeding  640  acres  to  any  one  person,  for  a  fair  and 
reasonable  price,  not  less  than  the  present  appraised  value.    *    *  * 

Sec.  19.  That  no  full  blood  Indian  of  the  Choctaw,  Chickasaw, 
Cherokee,  Creek,  or  Seminole  tribes  shall  have  power  to  alienate, 
sell,  dispose  of,  or  encumber  in  any  manner  any  of  the  lands  allotted 
to  him  for  a  period  of  25  years  from  and  after  the  passage  and  ap- 
proval of  this  act,  unless  such  restriction  shall,  prior  to  the  expiration 
of  said  period,  be  removed  by  act  of  Congress ;  and  for  all  purposes 
the  quantum  of  Indian  blood  possessed  by  any  member  of  said  tribes 
shall  be  determined  by  the  rolls  of  citizens  of  said  tribes  approved  by 
the  Secretary  of  the  Interior:  Provided,  however.  That  such  full  blood 
Indians  of  any  of  said  tribes  may  lease  any  lands  other  than  home- 
steads for  more  than  one  year  under  such  rules  and  regulations  as 
may  be  prescribed  by  the  Secretary  of  the  Interior.    *    *  * 

Sec.  20.  That  after  the  approval  of  this  act  all  leases  and  rental 
contracts,  except  leases  and  rental  contracts  for  not  exceeding  one 
year  for  agricultural  purposes  for  lands  other  than  homesteads, 
of  full  blood  allottees  of  the  Choctaw,  Chickasaw,  Cherokee,  Creek, 
and  Seminole  tribes  shall  be  in  writing  and  subject  to  approval  by 
the  Secretary  of  the  Interior  and  shall  be  absolutely  void  and  of  no 
effect  without  such  approval:  Provided,  That  allotments  of  minors 
and  incompetents  may  be  rented  or  leased  under  order  of  the  proper 
court.    *    *  * 

A.  INDIAN  LANDS— OIL  LEASES. 

1.  Eight  of  United  States  to  sue  on  bond  securing  lease. 

2.  Payments  to  be  made  to  Indian  agent. 

3.  Lease  of  minor  approved  by  court — ^Effect. 

1.  right  of  united  states  to  sue  on  bond  securing  lease. 

The  United  States  can  not  maintain  an  action  on  a  bond  given  to  secure  an  oil  and 
gas  lease  of  Indian  lands  under  section  19  and  under  the  terms  of  the  lease  the  lessee 
was  given  the  privilege,  without  obligating  himself  to  pay,  of  paying  a  certain  stated 
sum  in  addition  to  the  rents  and  royalties  if  he  failed  to  drill  a  well  within  a  stated 
time  and  where  it  reserved  to  the  lessor  the  right  to  forfeit  the  lease  on  the  lessee's 
failure  to  so  drill. 

United  States  v.  Comet  Oil  &  Gas  Co.,  187  Fed.  674,  p.  679. 

The  United  States  may  maintain  an  action  on  a  bond  given  by  a  lessee  to  secure 
the  payments  of  rents  and  royalties  due  on  a  lease  of  oil  and  gas  lands  of  a  full-blood 
Indian  on  breach  of  any  of  the  conditions  of  such  bond. 

United  States  v.  Comet  Oil  &  Gas  Co.,  187  Fed.  674,  p.  679. 

2.  payments  to  be  made  to  INDIAN  AGENT. 

It  is  competent  for  the  Secretary  of  the  Interior  under  this  statute  to  require  a 
lessee  of  oil  and  gas  lands  from  a  full-blood  Indian  to  make  all  payments  for  rent  or 


INDIAN  LANDS;  PP.  952-10:^7. 


1025 


roj'^alties  to  a  United  States  Indian  a^ent  at  a  certain  designated  agency,  and  to  require 
the  lessee  to  secure  such  rents  and  royalties  by  a  good  and  sufficient  bond  payable  to 
the  United  States. 
United  States  v.  Comet  Oil  &  Gas  Co.,  187  Fed.  674,  p.  678. 

3.  LEASE  OF  MINOR  APPROVED  BY  COURT  EFFECT. 

Under  section  20  the  lease  of  an  allotment  of  a  minor  made  with  the  approval  of 
the  proper  local  court  is  not  subject  to  the  approval  or  disapproval  of  the  Secretary 
of  the  Interior  under  section  72  of  the  act  of  July  1,  1902  (32  Stat.  716). 

Jennings  v.  Wood,  192  Fed.  507,  p.  509. 

34  STAT.  325,  p.  336,  JUNE  21,  1906. 

MINING  LAWS  EXTENDED— COAL  LANDS. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the  Indian 
Department,  for  fulfilling  treaty  stipulations  with  various  Indian  tribes,  and  for 
other  purposes,  for  the  fiscal  year  ending  June  30,  1907. 

Be  it  enacted,  etc.,    *    *  * 

Provided  further.  That  the  general  mining  laws  of  the  United  States 
shall  extend  after  the  approval  of  this  act  to  any  of  said  lands  and 
mineral  entry  may  be  made  on  any  of  said  lands,  but  no  such  mineral 
selection  shall  be  permitted  upon  any  lands  allotted  in  severalty  to 
the  Indians:  Provided  further.  That  all  the  coal  or  oil  deposits  in 
or  under  the  lands  on  the  said  reservation  shall  be  and  remain  the 
property  of  the  United  States,  and  no  patent  that  may  be  issued 
under  the  provisions  of  this  or  any  other  act  of  Congress  shall  convey 
any  title  thereto: 

That  the  Secretary  of  the  Interior  is  hereby  authorized  and  em- 
powered to  segregate  and  reserve  from  allotment,  and  to  cancel  any 
filings  or  applications  that  may  heretofore  have  been  made  with  a 
view  to  allotting,  the  following-described  lands,  situate  in  the  Choc- 
taw Nation,  Indian  Territory,  to  wit:  The  northwest  quarter  of  sec- 
tion 12,  in  township  5  north,  range  15  east,  containing  in  the  aggre- 
gate 160  acres,  more  or  less.  That  the  provisions  of  sections  56  to 
63,  inclusive,  of  the  act  of  Congress  approved  July  1,  1902,  entitled 
''An  act  to  ratify  and  confirm  an  agreement  with  the  Choctaw  and 
Chickasaw  tribes,  and  for  other  purposes"  (32  Stat.  653),  be,  and 
the  same  are  hereby,  made  applicable  to  the  lands  above  described, 
the  same  as  if  the  said  described  lands  had  been  made  a  part  of  the 
segregation  as  contemplated  by  said  sections  56  to  63,  inclusive,  of 
said  above  act  approved  July  1,  1902:  Provided,  That  the  Secretary 
of  the  Interior  may,  in  his  discretion,  add  to  and  make  a  part  of  the 
coal  mining  leases  now  in  effect,  and  to  which  said  lands  are  contigu- 
ous, the  northwest  quarter  of  section  12,  in  township  5  north,  of  range 
15  east.  Government  subdivisions  being  followed  as  nearly  as  possible: 
Provided  further.  That  the  holder  or  holders  of  the  lease  or  leases  to 
which  such  lands  shall  be  added  shall,  before  the  same  are  added,  pay 
the  Indian  or  Indians  who  have  filed  upon  or  applied  for  such  lands 
as  their  allotments,  or  who  are  in  possession  thereof,  the  value  of  the 
improvements  placed  on  the  land  by  said  Indian  or  Indians,  such  value 
to  De  determined  under  the  direction  of  the  Secretary  of  the  Interior. 


1026  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


34  STAT.  539,  p.  542,  JUNE  28,  1906. 

OIL  LANDS— OSAGE. 
AN  ACT  For  the  division  of  the  lands  and  funds  of  the  Osage  Indians  in  Oklahoma. 
Be  it  enacted,  etc.,  •  *    *  * 

Sec.  2.  Seventh.  *  *  *  And  provided  further,  That  nothing 
herein  shall  authorize  the  sale  of  the  oil,  gas,  coal,  or  other  minerals 
covered  by  said  lands,  said  minerals  being  reserved  to  the  use  of  the 
tribe  for  a  period  of  25  years,  and  the  royalty  to  be  paid  to  said  tribe 
as  hereinafter  provided :  And  provided  further.  That  the  oil,  gas,  coal, 
and  other  minerals  upon  said  allotted  lands,  shall  become  the  prop- 
erty of  the  individual  owner  of  the  said  land  at  the  expiration  of  said 
25  years,  unless  otherwise  provided  for  by  act  of  Congress. 

Sec.  3.  That  the  oil,  gas,  coal,  or  other  minerals  covered  by  the 
lands  for  the  selection  and  division  of  which  provision  is  herein  made 
are  hereby  reserved  to  the  Osage  tribe  for  a  period  of  twenty-five 
years  from  and  after  the  8th  day  of  April,  1906;  and  leases  for  all 
oil,  gas,  and  other  minerals,  covered  by  selections  and  division  of 
land  herein  provided  for,  may  be  made  by  the  Osage  tribe  of  Indians 
through  its  tribal  council,  and  with  the  approval  of  the  Secretary 
of  the  Interior,  and  under  such  rules  and  regulations  as  he  may  pre- 
scribe: Provided,  That  the  royalties  to  be  paid  to  the  Osage  tribe 
under  any  mineral  lease  so  made  shall  be  determined  by  the  Presi- 
dent of  the  United  States :  And  provided  further.  That  no  mining  of 
or  prospecting  for  any  of  said  mmeral  or  minerals  shaU  be  permitted 
on  the  homestead  selections  herein  provided  for  without  the  written 
consent  of  the  Secretary  of  the  Interior:  Provided,  however.  That 
nothing  herein  contained  shall  be  construed  as  affecting  any  valid 
existing  lease  or  contract. 

A.  OSAGE  INDIAN  ALLOTMENTS. 

1.  Allotments  inalienable  for  certain  period. 

2.  Minerals  inalienable. 

1.  Allotments  unalienable  for  certain  period. 

Under  this  statute  all  lands  allotted  to  the  members  of  the  Osage  Tribe  of  Indians 
were  made  inalienable  for  a  period  of  25  years  from  the  date  of  selection. 
Neilson  v.  Alberty,  36  Okla.  490,  p.  493. 

2.  MINERALS  INALIENABLE. 

Under  this  act  adult  members  of  the  Osage  tribe  to  whom  certificates  of  competency 
were  issued  by  the  Secretary  of  the  Interior  could  sell  and  convey,  or  control  and  dis- 
pose of  their  surplus  allotted  lands,  but  could  not  sell  the  oil,  gas,  coal,  or  other  mineral 
covered  by  such  lands. 

Neilson  v.  Alberty,  36  Okla.  490,  p.  493. 

Section  2  contains  further  inhibitions  against  the  sale  of  oil,  gas,  coal,  or  other  min- 
erals within  the  lands  owned  by  the  allottees  and  reserved  them  to  the  use  of  the  tribe 
for  a  period  of  25  years,  and  all  royalties  on  any  such  minerals  are  to  be  paid  to  the 
tribe. 

Neilson  v.  Alberty,  36  Okla.  490,  p.  493. 


INDIAN  LANDS,  PP.  052-1037. 


1027 


35  STAT.  312,  MAY  27,  1908. 

OIL,  GAS,  AND  MINERAL. 

AN  ACT  For  the  removal  of  the  restrictions  from  part  of  the  lands  of  allottees  of  the 

Five  Civilized  Tribes. 

Be  it  enacted,  etc.    *    *  * 

Sec.  2.  That  all  lands  other  than  homesteads  allotted  to  members 
of  the  Five  Civilized  Tribes  from  which  restrictions  have  not  been 
removed  may  be  released  by  the  allottee  if  an  adult,  or  by  guardian  or 
curator  under  order  of  the  proper  probate  court  if  a  minor  or  incom- 
petent, for  a  period  not  to  exceed  five  years,  without  the  privilege  of 
renewal:  Provided,  That  leases  of  restricted  lands  for  oil,  gas  or 
other  mining  purposes,  leases  of  restricted  homesteads  for  more  than 
one  year,  and  leases  of  restricted  lands  for  periods  of  more  than  five 
years  may  be  made,  with  the  approval  of  the  Secretary  of  the  Interior, 
under  rules  and  regulations  provided  by  the  Secretary  of  the  Interior, 
and  not  otherwise:    *    *  * 

Sec.  3  *  *  *  That  no  oil,  gas,  or  other  mineral  lease  entered 
into  by  any  of  said  allottees  prior  to  the  removal  of  restrictions  re- 
quiring the  approval  of  the  Secretary  of  the  Interior  shall  be  ren- 
dered invalid  by  this  act,  but  the  same  shall  be  subject  to  the 
approval  of  the  Secretary  of  the  Interior  as  if  this  act  had  not  been 
passed :  Provided,  That  the  owner  or  owners  of  any  allotted  land  from 
which  restrictions  are  removed  by  this  act,  or  have  been  removed  by 
previous  acts  of  Congress,  or  by  the  Secretary  of  the  Interior,  or  may 
hereafter  be  removed  under  and  by  authority  of  any  act  of  Congress, 
shall  have  the  power  to  cancel  and  annul  any  oil,  gas,  or  mineral 
lease  on  said  land  whenever  the  owner  or  owners  of  said  land  and  the 
owner  or  owners  of  the  lease  thereon  agree  in  writing  to  terminate 
said  lease  and  file  with  the  Secretary  of  the  Interior,  or  his  designated 
agent,  a  true  copy  of  the  agreement  in  wiiting  canceling  said  lease, 
which  said  agreement  shall  be  executed  and  acknowledged  by  the 
parties  thereto  in  the  manner  required  by  the  laws  of  Olahoma  for 
the  execution  and  acknowledgment  of  deeds,  and  the  same  shall  be 
recorded  in  the  county  where  the  land  is  situate. 

******* 

Sec.  14.  That  the  provision  of  section  13  of  the  act  of  Congress 
approved  April  26,  1906  (34  Stat.,  p.  137),  shall  not  apply  to  town 
lots  in  townsites  heretofore  established,  surveyed,  platted,  and 
appraised  under  the  direction  of  the  Secretary  of  the  Interior,  but 
nothing  herein  contained  shall  be  construed  to  authorize  the  con- 
veyance of  any  interest  in  the  coal  or  asphalt  underlying  said  lots. 

A.  FIVE  CIVILIZED  TRIBES. 

1.  Power  of  alienation  granted. 

2.  Lease  as  method  of  alienation. 

1.  POWER  OF  alienation  GRANTED. 

This  act  removed  restrictions  from  part  of  the  lands  of  allottees  of  the  Five  Civilized 
Tribes  of  Indians  and  authorized  the  Secretary  of  the  Interior  to  consent  to  lease  or 
alienation  of  such  lands. 

Neilson  v.  Alberty,  36  Okla.  490,  p.  498. 


1028  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

2.  LEASE  AS  METHOD  OF  ALIENATION. 

By  the  use  of  the  term  "alienation"  in  this  act  Congress  intended  to  include  the 
leasing  of  lands  and  intended  to  remove  the  restrictions  from  the  leasing  of  oil  lands  of 
the  Indian  tribes  mentioned,  treating  a  lease  as  a  species  of  alienation,  and  therefore 
the  approval  of  the  Secretary  of  the  Interior  is  not  essential  to  the  validity  of  an  oil 
lease  of  Indian  lands  except  as  to  land  comprising  a  homestead. 

Moore  v.  Sawyer,  167  Fed.  826,  p.  836. 

See  Eldred  v.  Okmulgee  Loan  &  Trust  Co.,  22  Okla.  742. 

35  STAT.  444,  p.  446,  MAY  29,  1908. 

COAL  AND  ASPHALT  IN  TOWN  SITES. 

AN  ACT  To  authorize  the  Secretary  of  the  Interior  to  issue  patents  in  fee  to  purchasers 
of  Indian  lands  under  any  law  now  existing  or  hereafter  enacted,  and  for  other  pur- 
poses. 

Be  it  enacted,  etc.    *    *  * 

Sec.  7.  That  in  addition  to  the  towns  heretofore  segregated, 
surveyed,  and  scheduled  in  accordance  with  law,  the  Secretary  of 
the  Interior  be,  and  he  is  hereby,  authorized  to  segregate  and  survey 
within  that  part  of  the  territory  of  the  Choctaw  and  Chickasaw 
Nation,  State  of  Oklahoma,  heretofore  segregated  as  coal  and  asphalt 
lands,  such  other  towns,  parts  of  towns,  or  town  lots,  as  are  now  in 
existence,  or  which  he  may  deem  it  desirable  to  establish.  He  shall 
cause  the  surface  of  the  lots  in  such  towns  or  parts  of  towns  to  be 
appraised,  scheduled,  and  sold  at  the  rates,  on  the  terms,  and  with 
the  same  character  of  estate  as  is  provided  in  section  29  of  the  act  of 
Congress  approved  June  28,  1898  (30  Stat.  495),  under  regulations 
to  be  prescribed  by  him.  That  the  provisions  of  section  13  of  the 
act  of  Congress  approved  April  26,  1906  (34  Stat.  137),  shall  not  apply 
to  town  lots  appraised  and  sold  as  provided  herein.  That  all  ex- 
penses incurred  in  surveying,  platting,  and  selling  the  lots  in  any 
town  or  parts  of  towns  shall  be  paid  from  proceeds  of  the  sale  of  town 
lots  of  the  nation  in  which  such  town  is  situate. 

35  STAT.  778,  MARCH  3,  1909. 

OIL,  GAS,  AND  MINERALS— OSAGE. 

AN  ACT  Authorizing  the  Secretary  of  the  Interior  to  sell  surplus  lands  of  the  Kaw  or 
Kansas  and  Osage  tribes  of  Indians  in  Oklahoma. 

Be  it  enacted,  etc..  That  the  Secretary  of  the  Interior  be,  and  hereby 
is,  authorized  and  empowered,  upon  application  to  sell,  under  such 
rules  and  regulations  as  he  may  prescribe,  part  or  all  of  the  surplus 
lands  of  any  member  of  the  Kaw  or  Kansas  and  Osage  tribes  of 
Indians  in  Oklahoma:  Provided,  That  the  sales  of  the  Osage  lands 
shall  be  subject  to  the  reserved  rights  of  the  tribe  in  oil,  gas,  and 
other  minerals. 

35  STAT.  781,  p.  783,  MARCH  3,  1909. 

LEASE  OF  MINERAL  LANDS— OSAGE. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the  Indian 
Department,  for  fulfilling  treaty  stipulations  with  various  Indian  tribes,  for  the 
fiscal  year  ending  June  30,  1910. 

Be  it  enacted,  etc.    *    *  * 

That  all  lands  allotted  to  Indians  in  severalty,  except  allotments 
made  to  members  of  the  Five  Civilized  Tribes  and  Osage  Indians 


INDIAN  LANDS,  PP.  052-1037. 


1029 


in  Oklahoma,  made  by  said  allottee  be  leased  for  mining  purposes  for 
any  term  of  yeai-s  as  may  be  deemed  advisable  by  the  Secretary  of 
the  Interior;  and  the  Secretary  of  the  Interior  is  liereby  autliorized 
to  perform  any  and  all  acts  and  make  such  rules  and  regulations  as 
may  be  necessary  for  the  pur]>ose  of  carrying  tlie  provisions  of  this 
paragraph  into  full  force  and  effect. 

The  town-lot  payments  in  default  shall  not  work  forfeiture  if 
payment,  with  10  per  cent  interest  from  date  of  such  default,  is 
made  before  December  1,  1909.  All  rights  to  acquire  land  for  allot- 
ment by  Choctaw  and  Chickasaw  freedmen  shall  cease  December  1, 
1910.  The  surface  only  of  the  segregated  coal  and  asphalt  lands  of 
the  Choctaw  and  Chickasaw  Nation  shall  be  subject  to  condemnation 
under  the  laws  of  the  State  of  Oklahoma  for  State  penal  institutions, 
county  and  municipal  purposes  and  for  sewers  and  water  systems: 
Provided,  That  the  title  to  the  surface  of  any  lands  so  condemned 
shaU  revert  to  the  Choctaw  and  Chickasaw  Nation  upon  its  ceasing 
to  be  used  for  the  purpose  for  which  it  was  condemned  and  the  tribal 
relation  is  hereby  continued  for  such  purpose  and  no  title  to  any 
mineral  rights  in  said  lands  so  condemned  shall  be  acquired  hereunder. 

36  STAT.  455,  p.  456,  JUNE  1,  1910. 

CLASSIFICATION  AND  DISPOSAL— FORT  BERTHOLD  RESERVATION. 

AN  ACT  To  authorize  the  survey  and  allotment  of  lands  embraced  within  the  limits 
of  the  Fort  Berthold  Indian  Reservation,  in  the  State  of  North  Dakota,  and  the  sale 
and  disposition  of  a  portion  of  the  surplus  lands  after  allotment,  and  making  appro- 
priation and  provision  to  carry  the  same  into  effect. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and  he 
is  hereby,  authorized  and  directed  to  cause  the  unsurveyed  part  of 
the  Fort  Berthold  Indian  Reservation,  in  the  State  of  North  Dakota, 
to  be  surveyed,  and  to  sell  and  dispose  of,  as  hereinafter  provided, 
all  the  surplus  unallotted  and  unreserved  lands  within  that  portion 
of  said  reservation  lying  and  being  east  and  north  of  the  Missouri 
River,  and  he  shall  cause  an  examination  to  be  made  of  said  lands 
by  the  Geological  Survey;  and  if  there  be  found  any  lands  bearing 
coal  or  other  mineral,  the  Secretary  of  the  Interior  is  hereby  author- 
ized to  reserve  them  from  allotment  or  other  disposition  until  Congress 
shall  provide  for  their  disposal:  Provided,  That  any  Indians  to  whom 
allotments  may  have  been  made  within  the  area  described  herein 
may,  in  case  they  elect  to  do  so  before  said  lands  are  offered  for 
sale,  relinquish  the  same  and  select  allotments  in  lieu  thereof  within 
the  area  in  which  the  additional  allotments  hereinafter  provided  for 
are  to  be  made. 

Sec.  7.  That  the  President  of  the  United  States  shall  appoint  a 
commission,  consisting  of  three  persons,  to  inspect,  classify,  appraise, 
and  value  all  of  the  lands  described  in  section  1  of  this  act  that  shall 
not  have  been  allotted  in  severalty  to  said  Indians  or  granted  or 
reserved  by  the  terms  of  this  act.  *  *  *  The  said  commissioners 
shall  then  proceed  to  personally  inspect  and  classify  and  appraise, 
in  160-acre  tracts,  all  of  the  remaining  lands  described  in  section  1  of 
this  act,  except  sections  16  and  sections  36.  In  making  such  classifi- 
cation and  appraisement  said  lands  shall  be  divided  into  the  following 


1030  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


classes :  First,  agricultural  land  of  the  first  class ;  second,  agricultural 
land  of  the  second  class;  third,  grazing  land;  fourth,  timberland; 
fifth,  mineral  land,  if  any,  but  the  mineral  and  timberlands  shall  not 
be  appraised.    *    *  * 

Sec.  8.  That  when  said  commissioners  shall  have  completed  the 
classification  and  appraisement  of  all  of  said  lands,  and  the  same  shall 
have  been  a2:)proved  by  the  Secretary  of  the  Interior,  the  lands  shall 
be  disposed  of  under  the  provisions  of  the  homestead,  mineral,  and 
town-site  laws  of  the  United  States,  except  as  hereinafter  otherwise 
provided  and  excepting  sections  16  and  36  of  each  township,  which 
sections  are  hereby  granted  to  the  State  of  North  Dakota  for  school 
purposes;  and  incase  either  of  said  sections  or  parts  thereof  should  be 
lost  to  the  State  by  reason  of  the  allotment  thereof  to  any  Indian  or 
Indians,  or  otherwise,  the  governor  of  said  State,  with  the  approval 
of  the  Secretary  of  the  Interior,  is  hereby  authorized,  within  the 
area  described  in  section  1  of  this  act,  to  select  other  unoccupied, 
unreserved,  nonmineral  lands,  which  selections  must  be  made  at 
least  30  days  prior  to  the  date  fixed  by  the  President's  proclamation 
opening  the  surplus  lands  to  settlement.    *    *  * 

39  STAT.  681,  AUGUST  3,  1914  (PUBLIC  NO.  162,  63D  CONGRESS). 

COAL  DEPOSITS— FORT  BERTHOLD  RESERVATION. 

AN  ACT  To  provide  for  the  disposal  of  certain  lands  in  the  Fort  Berthold  Indian 
Reservation,  North  Dakota. 

Be  it  enacted,  That  the  lands  in  the  Fort  Berthold  Indian  Reser- 
vation, North  Dakota,  which  on  account  of  their  containing  coal 
were  reserved  from  allotment  and  other  disposition  under  the  act  of 
June  1,  1910,  entitled  ''An  act  to  authorize  the  survey  and  allotment 
of  lands  embraced  within  the  limits  of  the  Fort  Berthold  Indian 
Reservation,  in  the  State  of  North  Dakota,  and  the  sale  and 
disposition  of  a  portion  of  the  surplus  lands  after  allotment,  and 
making  appropriation  and  provision  to  carry  the  same  into  effect" 
(36  Stat.,  455),  shaU  be  subject  to  disposal  under  the  provisions  of 
said  act:  Provided,  That  patents  issued  for  such  lands  shall  contain 
a  reservation  to  the  United  States  of  any  coal  that  such  lands  may 
contain,  to  be  held  in  trust  for  the  Indians  belonging  to  and  having 
tribal  rights  on  the  Fort  Berthold  Indian  Reservation,  but  any  entry- 
man  shall  have  the  right  at  any  time  before  making  final  proof  of  his 
entry,  or  at  the  time  of  making  such  final  proof,  to  a  hearing  for  the 
purpose  of  disproving  the  classification  as  coal  land  of  the  land 
embraced  in  his  entry,  and  if  such  land  is  shown  not  to  be  coal  land  a 
patent  without  reservation  shall  issue. 

Sec.  2.  That  the  coal  deposits  in  such  lands  shall  be  subject  to 
disposal  by  the  United  States  in  accordance  with  the  provisions  of 
the  coal-land  laws  in  force  at  the  time  of  such  disposal,  and  the 
proceeds  arising  from  the  disposal  of  such  coal  deposits  or  from  the 
leasing  or  working  thereof  shall  be  deposited  in  the  Treasury  of  the 
United  States  and  shall  be  applied  in  the  same  manner  as  the  pro- 
ceeds derived  from  the  disposition  of  the  lands  embraced  in  the  Fort 
Berthold  Indian  Reservation.  Any  person  qualified  to  acquire  coal 
deposits  or  the  right  to  mine  and  remove  the  coal  under  the  laws  of 
the  United  States  shall  have  the  right  at  all  times  to  enter  upon  the 
lands  selected,  entered,  or  patented,  as  provided  by  this  act,  for  the 


INDIAN  LANDS,  PP.  952-1037. 


1031 


urposc  of  prospoctino'  for  coal  thereon,  upon  tho  approval  by  tlio 
ocrctary  of  tho  Interior  of  a  bond  or  undertaldng  to  bo  filed  with 
him  as  security  for  tho  payment  of  all  damages  to  tho  crops  and 
improvements  on  such  lands  by  reason  of  such  prospecting.  Any 
person  who  has  acquired  from  the  United  States  tho  coal  deposits 
m  any  such  land,  or  the  right  to  mine  or  remove  the  same,  may 
reenter  and  occupy  so  much  of  the  surface  thereof  as  may  bo  required 
for  all  purposes  reasonably  incident  to  the  mining  and  removal  of 
the  coal  therefrom,  and  mine  and  remove  the  coal,  upon  payment  of 
the  damages  caused  thereby  to  the  owner  thereof  or  upon  giving  a 
good  and  sufficient  bond  or  undertaldng  in  an  action  instituted  in 
any  competent  court  to  ascertain  and  fix  said  damages:  Provided, 
That  the  entryman  or  the  owner  under  such  limited  patent  shall 
have  the  right  to  mine  coal  for  uso  upon  the  land  for  domestic  pur- 
poses at  any  time  prior  to  the  disposal  by  the  United  States  of  the 
coal  deposits. 

Sec.  3.  That  the  President  of  the  United  States  shall  appoint  a 
commission  consisting  of  three  persons  to  inspect,  classify,  appraise, 
and  value  all  of  the  lands  described  in  section  one  of  this  act  that 
shall  not  have  been  allotted  in  severalty  to  said  Indians,  said  com- 
mission to  be  constituted  as  follows:  One  of  the  commissioners  shall 
be  a  person  holding  tribal  relations  with  said  Indians,  one  a  repre- 
sentative of  the  Interior  Department,  and  one  a  resident  citizen  of 
the  State  of  North  Dakota.  That  within  20  days  after  their  appoint- 
ment said  commissioners  shall  meet  and  organize  by  the  election  of 
one  of  their  number  as  chairman.  The  said  commissioners  shaU 
then  proceed  to  personally  inspect  and  classify  and  appraise,  in  160- 
acre  tracts,  aU  of  the  remaining  lands  described  in  section  one  of  this 
act  except  section  16  and  section  36  under  such  rules  and  regulations 
as  the  Secretary  of  the  Interior  may  prescribe.  In  making  such 
classification  and  appraisement  said  lands  shall,  without  regard  to 
the  coal  they  may  contain,  be  divided  into  the  following  classes: 
First,  agricultural  land  of  the  first  class;  second,  agricultural  land  of 
the  second  class;  third,  grazing  land;  fourth,  timborland.  That  said 
commissioners  shall  be  paid  a  salary  of  not  to  exceed  $10  per  day 
each  while  actually  employed  in  the  inspection  and  classification  of 
said  lands  and  necessary  expenses,  exclusive  of  subsistence,  to  be 
approved  by  the  Secretary  of  the  Interior,  such  inspection  and 
classification  to  be  completed  within  six  months  from  the  date  of 
the  organization  of  said  commission. 

Sec.  4.  That  for  the  purpose  of  carrying  into  effect  the  provi- 
sions of  this  act  the  sum  of  $10,000,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated:  Provided,  That  the  said  appropriation 
shall  be  reimbursed  to  the  United  States  from  the  proceeds  received 
from  the  sale  of  the  lands  described  herein  or  from  any  money  in  the 
Treasury  belonging  to  the  Indians  of  Fort  Berthold  Indian  Reserva- 
tion, North  Dakota. 

37  STAT.  631,  APRIL  3,  1912. 

COAL  DEPOSITS  RESERVED— FORT  BERTHOLD  RESERVATION. 

JOINT  RESOLUTION  To  authorize  allotments  to  Indians  of  the  Fort  Berthold 
Indian  Reservation,  N.  Dak.,  of  lands  valuable  for  coal. 

Resolved,  etc.,  That  allotments  to  the  Indians  of  the  Fort  Ber- 
thold Indian  Reservation,  in  the  State  of  North  Dakota,  authorized 


1032  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

by  section  2  of  an  act  entitled  ''An  act  to  authorize  the  survey  and 
allotment  of  lands  embraced  within  the  limits  of  the  Fort  Berthold 
Indian  Reservation,  in  the  State  of  North  Dakota,  and  the  sale  and 
disposition  of  a  portion  of  the  surplus  lands  after  allotment,  and 
makmg  appropriation  and  provision  to  carry  the  same  into  effect," 
approved  June  1,  1910  (36  Stat.  455),  may  be  made  of  lands  classified 
as  coal  lands  or  valuable  for  coal,  with  a  reservation,  however,  in  any 
patent  which  may  issue  upon  any  such  allotment,  of  the  coal  deposits 
in  the  lands  allotted,  and  of  the  right  to  prospect  for,  mine,  and  re- 
move the  same:  Provided,  That  when  such  deposits  are  by  Congress 
opened  for  disposition,  any  qualified  coal  claimant  may  enter  upon 
these  allotted  lands  for  the  purpose  of  prospecting  for  coal  only  after 
the  approval  by  the  Secretary  of  the  Interior  of  a  bond  or  undertaking 
given  by  such  prospect  or  as  security  for  the  payment  of  all  damages 
occasioned  by  reason  of  such  prospecting. 

37  STAT.  67,  FEBRUARY  19,  1912. 

COAL  AND  ASPHALTUM— SALE  OF  SURFACE. 

AN  ACT  To  provide  for  the  sale  of  the  surface  of  the  segregated  coal  and  asphalt  lands 
of  the  Choctaw  and  Chickasaw  Nations. 

Be  it  enacted,  etc..  That  the  Secretary  of  the  Interior  is  hereby 
authorized  to  sell  at  not  less  than  the  appraised  price,  to  be  fixed  as 
hereinafter  provided,  the  surface,  leased  and  unleased,  of  the  lands 
of  the  Choctaw  and  Chickasaw  Nations  in  Oklahoma  segregated  and 
reserved  by  order  of  the  Secretary  of  the  Interior  dated  March  24, 
1903,  authorized  by  the  act  approved  July  1,  1902.  The  surface 
herein  referred  to  shall  include  the  entire  estate  save  the  coal  and 
asphalt  reserved.  Before  offering  such  surface  for  sale  the  Secretary 
of  the  Interior,  under  such  regulations  as  he  may  prescribe,  shall 
cause  the  same  to  be  classified  and  appraised  by  three  appraisers,  to 
be  appointed  by  the  President,  at  a  compensation  to  be  fixed  by  him, 
not  to  exceed  for  salary  and  expenses  for  each  appraiser  the  sum  of 
$15  per  day  for  the  time  actually  engaged  in  making  such  classifica- 
tion and  appraisement.  The  classification  and  appraisement  of  the 
surface  shall  be  by  tracts,  according  to  the  Government  survey  of 
said  lands,  except  that  lands  which  are  especially  valuable  by  reason 
of  proximity  to  towns  or  cities  may,  in  the  discretion  of  the  Secretary 
of  the  Interior,  be  subdivided  into  lots  or  tracts  containing  not  less 
than  1  acre.  In  appraising  said  surface  the  value  of  any  improve- 
ments thereon  belonging  to  the  Choctaw  and  Chickasaw  Nations, 
except  such  improvements  as  have  been  placed  on  coal  or  asphalt 
lands  leased  for  mining  purposes,  shall  be  taken  into  consideration. 
The  surface  shall  be  classified  as  agricultural,  grazing,  or  as  suitable 
for  town  lots.  The  classification  and  appraisement  provided  for 
herein  shall  be  completed  within  six  months  from  the  date  of  the 
passage  of  this  act,  shall  be  sworn  to  by  the  appraisers,  and  shall 
become  effective  when  approved  by  the  Secretary  of  the  Interior: 
Provided,  That  in  the  proceedings  and  deliberations  of  said  appraisers 
in  the  process  of  said  appraisement  and  in  the  approval  thereof  the 
Choctaw  and  Chickasaw  Nations  may  present  for  consideration  facts, 
figures,  and  arguments  bearing  upon  the  value  of  said  property. 

Sec.  2.  That  after  such  classification  and  appraisement  has  been 
made  each  holder  of  a  coal  or  asphalt  lease  shall  have  a  right  for  60 


INDIAN  LANDS,  PP.  052-1037. 


1033 


days,  after  notice  in  wriiino-,  to  piircliase,  at  the  appraised  value  and 
upon  the  terms  ancl  conditions  hereinafter  prescri])ed,  a  sufhcic^nt 
amount  of  the  surface  of  the  land  covered  by  his  lease  to  embrace 
improvements  actually  used  in  present  mining  operations  or  neces- 
sary for  future  operations  up  to  5  per  cent  of  such  surface,  the 
number,  location,  and  extent  of  the  tracts  to  be  thus  purchased  to 
be  approved  by  the  Secretary^  of  the  Interior:  Provided,  That  the 
Secretary  of  the  Interior  may,  in  his  discretion,  enlarge  the  amount  of 
land  to  be  purchased  by  any  such  lessee  to  not  more  than  10  per  cent 
of  such  surface:  Provided  further,  That  such  purchase  shall  be  taken 
and  held  as  a  waiver  by  the  purchaser  of  any  and  all  rights  to  appro- 
priate to  his  use  any  other  part  of  the  surface  of  such  land,  except 
for  the  purpose  of  future  operations,  prospecting,  and  for  ingress  and 
egress,  as  hereinafter  reserved :  Provided  further,  That  if  any  lessee 
shall  fail  to  apply  to  purchase  under  the  provisions  of  this  section 
within  the  time  specified  the  Secretary  of  the  Interior  may,  in  his 
discretion,  with  the  consent  of  the  lessee,  designate  and  reserve  from 
sale  such  tract  or  tracts  as  he  may  deem  proper  and  necessary  to 
embrace  improvements  actually  used  in  present  mining  operations, 
or  necessary  for  future  operations,  under  any  existing  lease,  and  dis- 
pose of  the  remaining  portion  of  the  surface  within  such  lease  free 
and  clear  of  any  claim  by  the  lessee,  except  for  the  purposes  of  future 
operations,  prospecting,  and  for  ingress  and  egress,  as  hereinafter 
reserved. 

Sec.  3.  That  sales  of  the  surface  under  this  act  shall  be  upon  the 
conditions  that  the  Choctaw  and  Chickasaw  Nations,  their  grantees, 
lessees,  assigns,  or  successors,  shall  have  the  right  at  all  times  to  enter 
upon  said  lands  for  the  purpose  of  prospecting  for  coal  or  asphalt 
thereon,  and  also  the  right  of  underground  ingress  and  egress,  without 
compensation  to  the  surface  owner,  and  upon  the  further  condition 
that  said  nations,  their  grantees,  lessees,  assigns,  or  successors,  shall 
have  the  right  to  acquire  such  portions  of  the  surface  of  any  tract, 
tracts,  or  rights  thereto  as  may  be  reasonably  necessary  for  prospect- 
ing or  for  the  conduct  of  mining  operations  or  for  the  removal  of  de- 
posits of  coal  and  asphalt  upon  paying  a  fair  valuation  for  the  portion 
of  the  surface  so  acquired.  If  the  owner  of  the  surface  and  the  then 
owner  or  lessee  of  such  mineral  deposits  shall  be  unable  to  agree  upon 
a  fair  valuation  for  the  surface  so  acquired,  such  valuation  shall  be 
determined  by  three  arbitrators,  one  to  be  appointed,  in  writing,  a 
copy  to  be  served  on  the  other  party  by  the  owner  of  the  surface, 
one  in  like  manner  by  the  owner  or  lessee  of  the  mineral  deposits, 
and  the  third  to  be  chosen  by  the  two  so  appointed ;  and  in  case  tho 
two  arbitrators  so  appointed  should  be  unable  to  agree  upon  a  third 
arbitrator  within  30  days,  then  and  in  that  event,  upon  the  appli- 
cation of  either  interested  party,  the  United  States  district  judge  in 
the  district  within  which  said  land  is  located  shall  appoint  the  third 
arbitrator:  Provided,  That  the  owner  of  such  mineral  deposits  or 
lessee  thereof  shall  have  the  right  of  entry  upon  the  surface  so  to  be 
acquired  for  mining  purposes  immediately  after  the  failure  of  the 
parties  to  agree  upon  a  fair  valuation  and  the  appointment,  as  above 
provided,  of  an  arbitrator  by  the  said  owner  or  lessee. 

Sec.  4.  That  upon  the  expiration  of  two  years  after  the  lands  have 
been  first  offered  for  sale  the  Secretary  of  the  Interior,  under  rules 
and  regulations  to  be  prescribed  by  him,  shall  cause  to  be  sold  to  the 

56974°— Bull.  94,  pt.2— 15  14 


1034  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


highest  bidder  for  cash  the  surface  of  any  lands  remaining  unsold  and 
of  any  surface  lands  forfeited  by  reason  of  nonpayment  of  any  part 
of  the  purchase  price,  without  regard  to  the  appraised  value  thereof: 
Provided,  That  the  Secretary  of  the  Interior  is  authorized  to  sell  at 
not  less  than  the  appraised  value  to  the  McAlester  Country  Club,  of 
McAlester,  Okla.,  the  surface  of  not  to  exceed  160  acres  in  section  17, 
township  5" north,  range  15  east:  Provided  further.  That  the  mineral 
underlymg  the  surface  of  the  lands  condemned  for  the  State  peniten- 
tiary at  McAlester,  Okla.,  under  the  Indian  appropriation  act  ap- 
proved March  3,  1909,  shall  be  subject  to  condemnation,  under  the 
laws  of  the  State  of  Oklahoma,  for  State  penitentiary  purposes:  And 
provided  further.  That  said  mineral  shall  not  be  mined  for  other  than 
State  penitentiary  purposes. 

Sec.  5.  That  the  sales  herein  provided  for  shall  be  at  public  auc- 
tion under  rules  and  regulations  and  upon  terms  to  be  prescribed  by 
the  Secretary  of  the  Interior,  except  that  no  payment  shall  be 
deferred  longer  than  two  years  after  the  sale  is  made.  All  agricul- 
tural lands  shall  be  sold  in  tracts  not  to  exceed  160  acres,  and  deeds 
shall  not  be  issued  to  any  one  person  for  more  than  160  acres  of  agri- 
cultural land,  grazing  lands  in  tracts  not  to  exceed  640  acres,  and 
lands  especially  valuable  by  reason  of  proximity  to  towns  or  cities 
may,  in  the  discretion  of  the  Secretary  of  the  Interior,  be  sold  in  lots 
or  tracts  containing  not  less  than  1  acre  each.  All  deferred  payments 
shall  bear  interest  at  5  per  cent  per  annum,  and  if  default  be  made 
in  any  payment  when  due  all  rights  of  the  purchaser  thereunder  shall, 
at  the  discretion  of  the  Secretary  of  the  Interior,  cease  and  the  lands 
shall  be  taken  possession  of  by  him  for  the  benefit  of  the  two  nations, 
and  the  money  paid  as  the  purchase  price  of  such  lands  shall  be  for- 
feited to  the  Choctaw  and  Chickasaw  Tribes  of  Indians. 

Sec.  6.  That  if  the  mining  trustees  of  the  Choctaw  and  Chickasaw 
Nations  and  the  three  appraisers  herein  provided  for,  or  a  majority 
of  the  said  trustees  and  appraisers,  shall  nnd  that  such  tract  or  tracts 
can  not  be  profitably  mined  for  coal  or  asphalt  and  can  be  more 
advantageously  disposed  of  by  selling  the  surface  and  the  coal  and 
asphalt  together,  such  tract  or  tracts  may  be  sold  in  that  manner, 
in  the  discretion  of  the  Secretary  of  the  Interior,  and  patents  issued 
for  said  lands  as  provided  by  existing  laws :  Provided,  That  this  sec- 
tion shall  not  apply  to  land  now  leased  for  the  purpose  of  mining  coal 
or  asphalt  within  the  segregated-  and  reserved  area  herein  described. 

Sec.  7.  That  when  full  purchase  price  for  any  property  sold 
herein  is  paid,  the  chief  executives  of  the  two  tribes  shall  execute 
and  deliver,  with  the  approval  of  the  Secretary  of  the  Interior,  to 
each  purchaser  an  appropriate  patent  or  instrument  of  conveyance 
conveying  to  the  purchaser  the  property  so  sold,  and  all  conveyances 
made  under  this  act  shall  convey  the  fee  in  the  land  with  reservation 
to  the  Choctaw  and  Chickasaw  Tribes  of  Indians  of  the  coal  and 
asphalt  in  such  land,  and  shall  contain  a  clause  or  clauses  reciting 
and  containing  the  reservations,  restrictions,  covenants,  and  con- 
ditions under  which  the  said  property  was  sold,  as  herein  provided, 
and  said  conveyances  shall  specifically  provide  that  the  reservations, 
restrictions,  covenants,  and  conditions  therein  contained  shall  run 
with  the  land  and  bind  the  grantees,  successors,  representatives,  and 
assigns  of  the  purchaser  of  the  surface:  Provided,  That  the  pur- 
chaser of  the  surface  of  any  coal  or  asphalt  land  shall  have  the  right 


INDIAN  LANDS,  PP.  952-1037. 


1035 


at  any  time  boforo  liiuil  payinrnt  is  duo  to  pay  the  full  purchase 
price  on  the  surface  of  said  coal  or  asphalt  land,  with  accrued  interest, 
and  shall  thereupon  be  entitled  to  patent  therefor,  as  herein  provided. 

Sec.  8.  That  there  is  hereby  appropriated,  out  of  any  moneys  in 
the  Treasury  not  otherwise  appropriated  belonging  to  the  Choctaw 
and  Chickasaw  Tribes  of  Indians,  the  sum  of  fifty  thousand  dollars 
to  pay  expenses  of  the  classification,  appraisement,  and  sales  herein 
provided  for,  and  the  proceeds  received  from  the  sales  of  lands  here- 
under shall  be  paid  into  the  Treasury  of  the  United  States  to  the 
credit  of  the  Choctaws  and  Chickasaws  and  disposed  of  in  accordance 
with  section  17  of  an  act  entitled  ''An  act  to  provide  for  the  final 
disposition  of  the  affairs  of  the  Five  Civilized  Tribes  in  Indian  Ter- 
ritory, and  for  other  purposes,"  approved  April  26,  1906,  and  the 
Indian  Appropriation  Act  approved  March  3,  1911. 

Sec.  9.  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
authorized  to  prescribe  such  rules,  regulations,  terms,  and  conditions 
not  inconsistent  with  this  act  as  he  may  deem  necessary  to  carry 
out  its  provisions,  including  the  establishment  of  an  office  during  the 
sale  of  this  land  at  McAlester,  Pittsburg  County,  Okla. 

37  STAT.  518,  p.  534,  ATJGITST  24,  1912. 

Amendment  to  37  Stat.  67. 

COAL  AND  ASPHALT  LANDS— SALE  OF  SURFACE. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the  Bureau 
of  Indian  Affairs,  for  fulfiUing  treaty  stipulations  with  various  Indian  tribes,  for 
the  fiscal  year  ending  June  30,  1913. 

Be  it  enacted,  etc.,    *    *  * 

That  the  act  of  Congress  approved  February  19,  1912  (37  Stat. 
67),  being  ''An  act  to  provide  for  the  sale  of  the  surface  of  the  coal 
and  asphalt  lands  of  the  Choctaw  and  Chickasaw  Nations,  and  for 
other  purposes,"  be,  and  the  same  is  hereby,  amended  to  provide 
that  the  classification  and  appraisement  of  such  lands  shall  be  com- 
pleted not  later  than  December  1,  1912. 

37  STAT.  78,  APRIL  5,  1912. 

COAL  LEASES— CHOCTAW  AND  CHICKASAW  NATIONS. 

AN  ACT  Authorizing  the  Secretary  of  the  Interior  to  permit  the  Missouri,  Kansas  & 
Texas  Coal  Co.  and  the  Eastern  Coal  &  Mining  Co.  to  exchange  certain  lands  em- 
braced within  their  existing  coal  leases  in  the  Choctaw  and  Chickasaw  Nations 
for  other  lands  within  said  nations. 

Be  it  enacted,  etc..  That  the  Secretary  of  the  Interior  be,  and  he 
hereby  is,  authorized  and  directed  to  permit  the  Missouri,  Kansas 
&  Texas  Coal  Co.  to  relinquish  certain  lands  embraced  in  its  existing 
Choctaw  and  Chickasaw  coal  lease,  which  have  been  demonstrated 
to  be  not  valuable  for  coal,  as  follows:  Southwest  quarter  of  the 
northwest  quarter,  south  half  of  the  southeast  quarter  of  the  north- 
west quarter,  northwest  quarter  of  the  southwest  quarter,  east  half 
of  the  southwest  quarter,  west  half  of  the  southeast  quarter,  south 
half  of  the  southeast  quarter  of  the  southeast  quarter,  section  35, 
township  6  north,  range  18  east;  north  half  of  the  northeast  quarter 
of  section  2,  township  5,  north,  range  18  east;  embracing  360  acres, 
more  or  less;  and  to  include  within  the  lease  in  lieu  thereof  the  follow- 
ing-described land,  which  is  within  the  segregated  coal  area  and  un- 


1036  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


leased:  Northeast  quarter  of  section  36;  east  half  of  the  northwest 
quarter  of  section  36,  township  6  north,  range  18  east;  southeast 
quarter  of  southwest  quarter  and  south  half  of  southeast  quarter 
of  section  25,  township  6  north,  range  18  east;  embracing  360  acres, 
more  or  less. 

Sec.  2.  That  the  Secretary  of  the  Interior  be,  and  he  hereby  is, 
authorized  and  directed  to  permit  the  Eastern  Coal  &  Mining  Co. 
to  relinquish  certain  lands  embraced  in  its  existing  Choctaw  and 
Chickasaw  coal  lease,  which  have  been  demonstrated  to  be  not 
valuable  for  coal,  as  follows:  South  half  of  the  northwest  quarter  of 
the  northwest  quarter,  southwest  quarter  of  the  northwest  quarter, 
south  half  of  the  southeast  quarter  of  the  southeast  quarter,  northeast 
quarter  of  the  southwest  quarter  of  section  1,  township  5  north, 
range  18  east;  embracing  120  acres,  more  or  less;  and  to  include 
within  the  lease  in  lieu  thereof  the  following-described  land,  which 
is  within  the  segregated  coal  area  and  unleased:  Southwest  quarter 
of  the  southwest  quarter  of  section  30,  township  6  north,  range  19 
east;  west  half  of  the  northwest  quarter  of  section  31,  township 
6  north,  range  19  east;  embracing  120  acres,  more  or  less. 

37  STAT.  518,  p.  531,  ATTGUST  24,  1912. 

IMPROVEMENTS  ON  COAL  LANDS. 

AN  ACT  Making  appropriations  for  the  current  and  contingent  expenses  of  the  Bureau 
of  Indian  Affairs,  for  fulfilling  treaty  stipulations  with  various  Indian  tribes,  for 
the  fiscal  year  ending  June  30,  1913. 

Be  it  enacted,  etc.,  That  the  following  sums  be  and  they  are  hereby, 
appropriated,  out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated, for  the  purpose  of  paying  the  current  and  contingent  ex- 
penses of  the  Bureau  of  Indian  Affairs,  for  fulfilling  treaty  stipulations 
with  various  Indian  tribes,    *    *  * 

Sec.  18.  For  expenses  of  administration  of  the  affairs  of  the  Five 
Civilized  Tribes,  Oklahoma,  and  the  compensation  of  employees, 
$200,000. 

To  enable  the  Secretary  of  the  Interior  to  make  the  appraisement 
and  sale  hereinafter  provided,  $5,000:  Provided,  That  the  houses 
and  other  valuable  improvements,  not  including  fencing  and  tillage, 
placed  upon  the  segregated  coal  and  asphalt  lands  in  the  Choctaw 
and  Chickasaw  Nations,  in  Oklahoma,  by  private  individuals,  while 
in  actual  possession  of  said  land  and  prior  to  February  19,  1912, 
and  not  purchased  by  the  Indian  Nations,  shall  be  appraised  inde- 
pendently of  the  surface  of  the  land  on  which  they  are  located  and 
shall  be  sold  with  the  land  at  public  auction  at  not  less  than  the 
combined  appraised  value  of  the  improvements  and  the  surface 
of  the  land  upon  which  they  are  located.  Said  improvements  shall 
be  sold  for  cash  and  the  appraisement  and  sale  of  the  same  shall  be 
made  under  the  direction  of  the  Secretary  of  the  Interior  and  95 
per  centum  of  the  amount  realized  from  the  sale  of  the  improvements 
shall  be  paid  over  under  the  direction  of  the  Secretary  of  the  Interior 
to  the  owner  of  the  improvements  and  the  appropriation  hereinbefore 
made  for  this  purpose  shall  be  reimbursed  out  of  the  5  per  centum 
retained  from  the  sale  of  the  said  improvements:  Provided,  That 


INDIAN  LANDS,  PP.  052-1037. 


1037 


any  improvements  remaiinn<2:  unsold  at  the  expiration  of  two  years 
from  the  time  when  lirst  offered  for  sale  shall  be  sold  under  such 
regulations  and  terms  of  sale,  independent  of  their  appraised  value, 
as  the  Secretary  of  the  Interior  may  prescribe:  Provided  further. 
That  persons  owning  improvements  so  appraised  may  remove  the 
same  at  any  time  prior  to  the  sale  thereof,  in  which  event  the  appraised 
value  of  the  improvements  and  land  shall  be  reduced  by  deducting 
the  appraised  value  of  the  improvements  so  removed:  Provided 
further.  That  this  section  shall  not  apply  to  improvements  placed 
on  said  lands  by  coal  and  asphalt  lessees  for  mining  purposes,  but 
improvements  located  on  lands  leased  for  mining  purposes  belonging 
to,  or  heretofore  paid  for  by,  the  Choctaw  and  Chickasaw  Nations 
shall  be  appraised  and  the  appraised  value  thereof  shall  be  added 
to  the  appraised  value  of  the  land  at  the  time  of  the  sale:  Provided 
further.  That  where  any  cemetery  now  exists  on  the  said  segregated 
coal  and  asphalt  lands,  the  surface  of  the  land  within  said  cemetery, 
together  with  the  land  adjoining  the  same,  where  necessary,  not  ex- 
ceeding 20  acres  in  the  aggregate  to  any  one  cemetery,  and  where  a 
church  was  in  existence  on  said  lands  on  February  19,  1912,  land 
not  exceeding  1  acre  for  each  church  may,  in  the  discretion  of  the 
Secretary  of  the  Interior,  be  sold  to  the  proper  party,  association, 
or  corporation,  under  such  terms,  conditions,  and  regulations  as  he 
may  prescribe,  provided  application  to  purchase  the  same  for  such 
purpose  is  made  within  60  days  from  the  date  of  the  approval  of 
this  act. 


LAND  DEPARTMENT. 


9  STAT.  395,  MARCH  3,  1849. 

DEPARTMENT  OF  THE  INTERIOR— SUPERVISION  OF  MINERALS 
TRANSFERRED  TO. 

AN  ACT  To  establish  the  home  department  (Interior),  etc. 

Be  it  enacted,  etc.,  That  from  and  after  the  passage  of  this  act  there 
shall  be  created  a  new  executive  department  of  the  Government  of  the 
United  States,  to  be  called  the  Department  of  the  Interior. 
******* 

Sec.  8.  That  the  supervisory  and  appellate  powers  now  exercised 
by  the  Secretary  of  the  Treasury  over  the  lead  and  other  mines  of  the 
United  States,  and  over  the  accounts  of  the  agents  thereof ,  shall  be 
exercised  by  the  Secretary  of  the  Interior;  who  shall  sign  all  requisi- 
tions for  the  advance  or  payment  of  money  out  of  the  Treasury,  on 
estimates  or  accounts,  subject  to  the  same  adjustment  or  control 
now  exercised  on  similar  estimates  or  accounts  by  the  Second  Auditor 
and  Second  Comptroller  of  the  Treasury. 

******* 

See  sec.  441  R.  S.,  p.  829. 

31  STAT.  960,  p.  1003,  MARCH  3,  1901. 

MINERAL  SURVEYORS-  STATIONERY. 

AN  ACT  Making  appropriations  for  the  legislative,  executive,  and  judicial  expenses 
of  the  Government  for  the  fiscal  year  ending  June  30,  1902,  etc. 

Be  it  enacted,  etc..  That  the  following  sums  be,  and  the  same  are 
hereby,  appropriated,  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated,  in  full  compensation  for  the  service  of  the  fiscal 
year  ending  June  30,  1902,  for  the  objects  hereinafter  expressed, 
namely:  *  *  *  Provided,  That  the  stationery  and  drafting  in- 
struments hereafter  purchased  for  exclusive  use  in  the  offices  of  the 
surveyors  general  in  the  preparation  of  plats  and  field  notes  of  mineral 
surveys,  as  also  the  rent  of  additional  quarters  that  may  be  necessary 
for  the  execution  of  such  work,  shall  be  paid  for  out  of  the  fund  created 
by  deposits  made  by  individuals  to  the  credit  of  the  United  States  to 
cover  the  cost  of  office  work  on  such  mineral  surveys. 

A.  PAYMENT  OF  EXPENSES  OF  PLATS  AND  FIELD  NOTES. 

By  this  statute  the  stationery  and  drafting  instruments  purchased  exclusively  for 
use  in  the  preparation  of  plats  and  field  notes  of  mineral  surveys  as  well  as  the  rent 
of  additional  quarters  necessary  for  such  work  must  be  paid  out  of  the  mineral  survey 
deposit  funds. 

Hanson,  In  re,  38  L.  D.  469,  p.  471. 
1038 


LEAD  MINES. 


See  salines  and  salt  springs:  2  Stat,  445,  p.  1197;  3  Stat.  256,  p.  1199;  5  Stat.  507,  p.  1203. 
See  settlors'  relief,  3  Stat.  260,  p.  1215. 
See  Stale  grants,  p.  1239. 

3  STAT.  332,  APRIL  29,  1816. 

LEAD  MINES  AND  SALINES— ILLINOIS,  MICHIGAN,  AND  MISSOURI. 

AN  ACT  To  authorize  the  survey  of  2,000,000  acres  of  the  public  lands,  in  lieu  of 
that  quantity  authorized  to  be  surveyed,  in  the  Territory  of  Michigan,  aa  military 
bounty  lands. 

Be  it  enacted,  etc.,  That  so  much  of  the  ''Act  to  provide  for  desig- 
nating, surveying,  and  granting  the  military  bounty  lands, "  approved 
the  6th  day  of  May,  1812,  as  authorizes  the  President  of  the  United 
States  to  cause  to  be  surveyed  2,000,000  acres  of  the  lands  of  the 
United  States,  in  the  Territory  of  Michigan,  for  the  purpose  of  satisfying 
the  bounties  of  lands  promised  to  the  noncommissioned  officers  and 
soldiers  of  the  United  States,  be,  and  the  same  is  hereby  repealed ; 
and  in  lieu  of  the  said  2,000,000  acres  of  land  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  cause  to  be  sur- 
veyed, of  the  lands  of  the  United  States  fit  for  cultivation  not  other- 
wise appropriated,  and  to  which  the  Indian  title  is  extinguished, 
1,500,000  acres  in  the  Illinois  Territory,  and  500,000  acres  in  the 
Missouri  Territory  north  of  the  river  Missouri;  the  said  lands  shall  be 
divided  into  townships  and  subdivided  into  sections  and  quarter 
sections,  each  quarter  section  to  contain,  as  near  as  possible,  160 
acres,  in  the  manner  prescribed  by  law  for  surveying  and  subdividing 
the  other  lands  of  the  United  States;  and  the  land  thus  surveyed, 
with  the  exception  of  the  salt  springs  and  lead  mines  therein,  and  of 
the  quantities  of  lands  adjacent  thereto  as  may  be  reserved  for  the 
use  of  the  same  by  the  President  ot  the  United  States,  and  the  section 
number  16  in  every  township,  to  be  granted  to  the  inhabitants  of 
such  township  for  the  use  of  public  schools,  shall,  according  to  the 
provisions  of  the  above-recited  act,  be  set  apart  for  the  purpose  of 
satisfying  the  bounties  of  land  promised  to  the  noncommissioned 
officers  and  soldiers  of  the  late  Army  of  the  United  States,  their  heirs 
and  legal  representatives,  by  the  act  entitled  ''An  act  for  completing 
the  existing  military  establishments,  approved  the  24th  day  of 
December,  1811,"  and  by  the  act  entitled  "An  act  to  raise  an  addi- 
tional military  force,"  approved  January  11,  1812. 

i  STAT.  364,  MARCH  3,  1829. 

RESERVED  LEAD  MINES— SALE— MISSOURI. 

AN  ACT  To  authorize  the  President  of -the  United  States  to  cause  the  reserved  lead 
mines  in  the  State  of  Missouri  to  be  exposed  to  public  sale. 

Be  it  enacted,  etc.,  That  the  President  be,  and  he  hereby  is,  author- 
ized, at  any  time  that  he  shall  think  proper,  to  cause  the  reserved 

1039 


1040  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

lead  mines,  and  contiguous  lands,  in  the  State  of  Missouri,  belonging 
to  the  United  States,  and  unclaimed  by  individuals,  to  be  exposed 
to  sale,  in  the  same  manner  that  other  public  lands  are  authorized 
by  law  to  be  sold,  except  as  hereinafter  provided. 

Sec.  2.  And  be  it  further  enacted.  That  six  months'  notice,  at 
least,  of  the  times  and  places  of  the  said  sales,  shall  be  given  in  such 
newspapers  of  general  circulation  in  such  of  the  States  as  the  President 
may  thmk  expedient,  with  a  brief  description  of  the  mineral  region  in 
Missouri,  and  of  the  lands  to  be  offered  for  sale,  showing  the  number 
and  the  locaUties  of  the  different  mines  now  known,  the  probability 
of  discovering  others,  the  quality  of  the  ore,  the  facilities  for  working 
it,  the  further  facilities,  if  any,  for  manufactories  of  shot,  sheet  lead, 
and  paints,  and  the  means  and  expense  of  transporting  the  whole  to 
the  principal  markets  in  the  United  States. 

Sec.  3.  And  be  it  further  enacted,  That  in  all  cases  of  confirmation 
or  sales  of  lands  in  Missouri,  reported  to  contain  lead  ore,  the  patent 
shall  be  issued  to  the  person  in  whose  favor  the  confirmation  has 
been  made,  or  to  the  purchaser  from  the  United  States,  or  their  heii*s 
or  assignees,  as  in  ordinary  cases  of  confirmation  or  sales. 

A.  LEAD  MINES— DISPOSAL. 

B.  SALT  SPRINGS— DISPOSAL. 

C.  LEASING  SALINES  AND  LEAD  MINES. 

A.  LEAD  MINES— DISPOSAL. 

By  this  act  Congress  directed  an  absolute  disposition  of  the  reserved  lead  mines  and 
contiguous  lands  in  the  State  of  Missouri. 
Lease  of  Mineral  Lands,  In  re,  4  Op,  Atty.  Genl.  480,  p.  488, 

B.  SALT  SPRINGS— DISPOSAL. 

By  this  act  Congress  directed  an  absolute  disposition  by  sale  of  the  reserved  salt 
springs  and  contiguous  lands  in  the  State  of  Missouri. 

Lease  of  Mineral  Lands,  In  re,  4  Op,  Atty.  Genl.  480,  p.  488, 

C.  LEASING  SALINES  AND  LEAD  MINES. 

The  repeated  legislation  by  Congress  on  the  subject  of  salines  and  lead  mines,  with 
the  full  knowledge  of  the  exercise  of  the  power  of  leasing  such  lands  west  of  the 
Mississippi  River,  has  established  the  power  and  usage  too  strongly  to  be  disturbed. 

Lease  of  Lead  Mines,  In  re,  4  Op,  Atty,  Genl,  499, 

4  STAT.  686,  JUNE  26,  1834. 

SALE  OF  LEAD  MINES— ILLINOIS  AND  MISSOURI. 

AN  ACT  To  create  additional  land  districts  in  Illinois  and  Missouri  and  in  territory 

north  of  Illinois, 

Be  it  enacted,  etc.,    *    *  * 

Sec.  4.  And  be  it  further  enacted,  That  the  President  shall  be 
authorized,  so  soon  as  the  survey  shall  have  been  completed,  to  cause 
to  be  offered  for  sale,  in  the  manner  prescribed  by  law,  all  the  lands 
Ijing  in  said  land  districts,  at  the  land  offices  in  the  respective  dis- 
tricts in  which  the  land  so  offered  is  embraced,  reserving  only  sec- 


LEAD  MINES,  PP.  1038-1042. 


1041 


tion  IG  in  each  township,  tho  tract  r(>s(*rv(Ml  for  the  villa<!:(^  of  (lahma, 
such  other  tracts  as  have  boon  <i^rantc(l  to  indivichials  ami  tho  Stat(^ 
of  Illinois,  and  such  reservations  as  the  President  shaU  deem  nec- 
essary to  retain  for  military  posts,  any  law  of  Congress  heretofore 
existmg  to  the  contrary  notwithstanding. 

A.  CONSTRUCTION— PRESIDENT'S  POWER  TO  SELL  LEAD  MINES. 

B.  LEAD  MINES— SALE  UNAUTHORIZED. 

A.  CONSTRUCTION— PRESIDENT'S  POWER  TO  SELL  LEAD  MINES. 

The  reservations  in  the  fourth  section  of  this  act  of  June  26,  1834,  are  limitations 
upon  the  President's  authority  to  sell  lands,  and  are  not  enlargements  of  his  authority 
to  sell  lands,  which  by  law,  he  was  never  authorized  to  sell,  but  which  he  has  always 
been  prohibited  by  law  from  selling,  and  which  never  have  been  sold  except  under 
the  authority  of  a  special  statute,  such  as  the  act  of  March  3,  1829,  which  expressly 
authorizes  the  President  to  cause  the  reserve  lead  mines  in  the  State  of  Missouri  to  be 
sold. 

United  States  v.  Gear,  44  U.  S.  (3  How.)  120,  p.  130. 

Under  this  section  the  President  is  authorized  to  offer  for  sale  according  to  law, 
and  in  connection  with  other  lands,  any  mineral  lands  situated  within  the  several 
land  districts  created  by  the  first  section  of  the  act,  except  where  such  mineral  lands 
are  expressly  embraced  by  any  of  the  exceptions  in  this  section. 

Mineral  lands  in  Wisconsin,  In  re,  3  Op.  Atty.  Genl.  277,  p.  278. 

Section  4  of  this  act  does  not  repeal  section  5  of  the  act  of  March  3,  1807;  and  these 
acts  do  not  present  a  case  of  conflict  in  the  sense  in  which  statutes  do,  when,  from 
some  expression  in  a  later  act  it  would  appear  that  something  was  intended  to  be 
excepted  from  the  force  of  the  former  statute,  or  to  operate  as  a  partial  repeal  of  the 
older  law.  On  this  theory  the  statute  of  1834  authorizing  the  sale  of  all  lands  within 
the  district  is  held  to  mean  lands  in  which  there  are,  and  in  which  there  are  not,  min- 
erals or  lead  mines;  but  the  power  given  in  the  statute  of  1834  to  sell  all  lands  can  not 
be  said  to  be  a  power  to  sell  the  lands  expressly  reserved  by  the  act  of  1807,  neither 
can  it  be  said  to  repeal  such  reservation. 

United  States  v.  Gear,  44  U.  S.  (3  How.)  120,  p.  131. 

This  section  includes  all  mineral  tracts  and  necessary  timberlands  leased  to  smelters 
and  others,  and  the  President  not  only  has  power,  but  it  is  his  duty,  to  reserve 
from  sale  the  lands  described  in  unexpired  leases  executed  by  him. 

Mineral  lands  in  Wisconsin,  In  re,  3  Op.  Atty.  Genl.  277,  p.  278. 

B.  LEAD  MINES— SALE  UNAUTHORIZED. 

This  section  does  not  authorize  the  President  to  cause  to  be  sold  the  public  lands 
containing  lead  mines  situated  in  the  new  land  districts  created  by  the  act. 
United  States  v.  Gear,  44  U.  S.  (3  How.)  120,  p.  129. 

9  STAT.  37,  JULY  11,  1846. 

SALE  OF  LEAD  MINES— ARKANSAS,  ILLINOIS,  IOWA,  AND  WISCONSIN. 

AN  ACT  To  authorize  the  President  to  sell  the  reserved  mineral  lands  in  Illinois, 
Arkansas,  Wisconsin,  and  Iowa  supposed  to  contain  lead  ore. 

Be  it  enacted,  etc.,  That  the  President  be,  and  hereby  is,  authorized, 
as  soon  as  practicable,  to  cause  the  reserve  lead  mines  and  contiguous 
lands  in  the  State  of  Illinois  and  Arkansas,  and  Territories  of  Wiscon- 


1042  UNITED  STATES  MiKIKG  STATUTES  ANKOTATED. 


sin  and  Iowa,  belonging  to  the  United  States,  to  be  exposed  to  sale, 
in  the  same  manner  that  other  public  lands  are  authorized  by  law  to 
be  sold,  except  as  hereinafter  provided. 

Sec.  2.  That  six  months'  notice  of  the  times  and  places  of  said  sales 
shall  be  given  in  such  newspapers  of  general  circulation,  in  such  of  the 
States  as  the  President  may  think  expedient,  with  a  brief  description  of 
the  mineral  regions  of  the  States  of  Illinois  and  Arkansas,  and  Terri- 
tories of  Wisconsin  and  Iowa,  and  of  the  lands  to  be  offered  for  sale; 
showing  the  number  and  localities  of  the  different  mines  now  known,  the 
probability  of  discovering  others,  the  quality  of  the  ore,  the  facilities 
of  working  it,  the  further  facilities  (if  any)  for  manufactories  of  shot, 
sheet  lead,  and  paints,  and  the  means  and  expense  of  transporting 
the  whole  to  the  principal  markets  in  the  United  States:  Provided, 
That  the  said  lands  shaU  not  be  subject  to  the  rights  of  preemption 
until  after  the  same  have  been  offered  at  public  sale  and  subject  to 
private  entry. 

Sec.  3.  That  upon  satisfactory  proof,  made  to  the  register  and 
receiver  of  the  proper  land  office,  that  any  tract  or  tracts  of  said 
lands  contain  a  mine  or  mines  of  lead  ore,  actually  discovered  and 
being  worked,  then,  and  in  that  case,  the  same  shall  be  sold  in  such 
legal  subdivision  or  subdivisions  as  will  include  such  mine  or  mines; 
and  no  bid  shall  be  received  therefor  at  a  less  rate  than  the  sum  of  $2.50 
per  acre ;  and  if  such  tract  or  tracts  shaU  not  be  sold  at  such  public 
sale,  at  such  price,  nor  shall  be  entered  at  private  sale  within  12 
months  thereafter,  then  the  same  shall  be  subject  to  sale  as  other 
lands:  Provided,  That  no  legal  subdivision  of  any  of  said  lands  upon 
which  there  may  be  an  outstanding  lease  or  leases  from  the  Govern- 
ment of  the  United  States,  or  their  authorized  agent,  unexpired  and 
undetermined,  shall  be  sold  until  after  the  determination  of  such 
lease  or  leases  by  effluxion  of  time,  voluntary  surrender,  or  other 
legal  extinguishment  thereof. 


OIL  AND  PHOSPHATE  LANDS. 


29  STAT.  526,  2  SUPP.  R.  S.  549,  FEBRUARY  11,  1897. 


OIL  LANDS— LOCATION  AS  PLACER  CLAIMS. 


AN  ACT  To  authorize  the  entry  and  patenting  of  lands  containing  petroleum  and  other 
mineral  oils  under  the  placer  mining  laws  of  the  United  States. 

Be  it  enacted,  etc.,  That  any  person  authorized  to  enter  lands 
under  the  mining  laws  of  the  United  States  may  enter  and  obtain 
patent  to  lands  containing  petroleum  or  other  mineral  oils,  and  chiefly 
valuable  therefor,  under  the  provisions  of  the  laws  relating  to  placer 
mineral  claims:  Provided,  That  lands  containing  such  petroleum  or 
other  mineral  oils  which  have  heretofore  been  filed  upon,  claimed,  or 
improved  as  mineral,  but  not  yet  patented,  may  be  held  and  patented 
under  the  provisions  of  this  act  the  same  as  if  such  filing,  claim,  or 
improvement  were  subsequent  to  the  date  of  the  passage  hereof. 

See  section  2329  R.  S.,  p.  507. 


1.  Oil  lands  located  as  placer  claims. 

2.  Location  of  oil  claims. 

a.  Lands  chiefly  valuable  for  oil. 

b.  Discovery — What  constitutes. 

c.  Discovery — Insufficiency. 

d.  ASPHALTUM  LOCATED  AS  OIL  CLAIMS. 

e.  Existing  locations  approved. 

f.  Priority  of  location — Protection. 

g.  First   locator   not   a   discoverer — Knowledge 


See  Stone  lands,  27  Stat.  348,  p.  1239. 

By  this  statute  lands  containing  oil  and  chiefly  valuable  therefor  may  be  entered 
and  patented  under  the  laws  relating  to  placer  mining  claims. 

Chrisman  v.  Miller,  197  U.  S.  313,  p.  320. 

Gates  V.  Producers  &  Consumers  Oil  Co.,  96  Fed.  7,  p.  8. 

Butte  Oil  Co.,  In  re,  40  L.  D.  602. 

Dewey,  In  re,  9  C.  L.  O.  51. 

Weed  V.  Snook,  144  Cal.  439,  p.  440. 

McLeMore  v.  Express  Oil  Co.,  158  Cal.  559,  p.  562. 

Bay  V.  Oklahoma  Southern  Gas  etc.  Min.  Co.,  13  Okla.  425,  p.  429. 


A.  OIL  LANDS. 


3. 
4. 


necessary. 
h.  Acreage — One  discovery. 
Contest  with  homestead  claimant. 
Hearing  to  determine  character  of  land. 


1.  OIL  LANDS  LOCATED  AS  PLACER  CLAIMS. 


1043 


1044  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


The  language  of  this  act  clearly  indicates  and  the  history  of  its  enactment  shows  that 
lands  containing  petroleum  or  other  mineral  oils  may  be  held  and  patented  as  placer 
mining  claims. 

Union  Oil  Co.,  In  re  (on  review),  25  L.  D.  351,  p.  354. 

Lands  containing  petroleum  or  other  mineral  oils  or  a  deposit  of  natural  gas  may  be 
located  as  placer  claims  under  this  statute. 

New  England  &  Coalinga  Oil  Co.  v.  Congdon,  152  Cal.  211  p.  213. 
Whiting  V.  Straup,  17  Wyo.  1,  p.  19. 

The  location  and  sale  of  oil  land  is  governed  by  the  mineral  laws  of  the  United 
States  applicable  to  the  location  and  sale  of  placer  mining  claims;  and  a  location  made 
under  the  law  is  a  mining  claim  before  patent  in  every  sense  of  the  word,  and  for  the 
purpose  of  a  lien  law  it  does  not  cease  to  be  a  mining  claim  because  a  patent  transfers 
the  fee  to  the  locator. 

Berentz  v.  Belmont  Oil  Mining  Co.,  148  Cal.  577,  p.  582. 

2.  LOCATION  OF  OIL  CLAIMS. 

a.  LANDS  CHIErLY  VALUABLE  FOR  OIL. 

All  lands  containing  petroleum  are  not  subject  to  entry  under  the  mineral  laws, 
but  only  such  as  are  "chiefly  valuable  therefor,"  and  this  is  a  subject  of  proof,  and  if 
oil  is  found  in  such  limited  quantities  that  it  can  not  be  worked  at  a  profit,  then  such 
land  can  not  be  said  to  be  chiefly  valuable  for  oil. 

Bay  V.  Oklahoma  Southern  Gas,  etc.,  Min.  Co.,  13  Okla.  425,  p.  434. 

Persons  claiming  the  right  to  enter  or  locate  lands  within  the  Indian  reservations 
under  this  act  must  show  that  the  land  claimed  contains  petroleum  or  other  mineral 
oils  and  is  chiefly  valuable  therefor. 

Bay  V.  Oklahoma  Southern  Gas,  etc.,  Min.  Co.,  13  Okla.  425,  p.  433. 

b.   DISCOVERY — WHAT  CONSTITUTES. 

If  a  competent  locator  actually  finds  upon  unappropriated  public  land  petroleum 
in  or  upon  the  ground ,  situated  so  as  to  form  a  part  of  it,  it  is  a  sufficient  discovery  to 
justify  the  location  under  the  statute  without  waiting  to  ascertain  by  exploration 
whether  the  ground  contains  such  petroleum  in  sufficient  quantities  to  pay;  but  mere 
indications  of  the  existence  of  oil  does  not  constitute  such  a  discovery. 

Nevada  Sierra  Oil  Co.  v.  Home  Oil  Co.,  98  Fed.  673,  p.  676. 

Lange  v.  Robinson,  148  Fed.  799,  p.  803. 

Butte  Oil  Co.,  In  re,  40  L.  D.  602. 

See  Smith  v.  Union  Oil  Co.  (Cal.),  135  Pac.  966. 

While  the  statute  requiring  as  a  condition  to  a  valid  location  a  discovery  of  mineral 
within  the  limits  of  a  claim,  yet  as  between  conflicting  claimants  to  mineral  lands  it 
should  receive  a  broad  and  liberal  construction  so  as  to  protect  bona  fide  locators  who 
have  really  made  a  discovery  of  mineral,  but  the  fact  remains  that  mere  indications 
of  the  existence  of  mineral  or  of  oil  is  not  the  thing  itself  within  the  meaning  of  this 
statute. 

Nevada  Sierra  Oil  Co.  v.  Home  Oil  Co.,  98  Fed.  673,  p.  676. 

This  statute  authorizes  any  person  believing  that  public  lands  contain  oil  to  law- 
fully enter  thereon  and  make  locations  of  20-acre  tracts  and  commence  searching  for 
such  oil;  but  the  discovery  of  mineral  is  essential  for  a  valid  location,  and  the  locator 
while  searching  for  oil  or  mineral  is  not  a  trespasser  upon  the  public  lands  of  the 
United  States. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  14. 


OIL  AND  PIIOSPHATF.  LANDS^  PP.  104.'3-1052. 


1045 


In  order  to  ascertain  the  oil  or  nonoil  ohanu  tcr  of  the  land  in  a  foroHt  renerve  or  lieu 
eelection,  attention  may  be  directed  to  fixinj^  the  exact  location  of  oil  W(!11h  uj)on  adja- 
cent lands,  their  dei)lh,  the  characteristic  strata  encountered  therein,  as  well  as  the 
quantity  of  oil  produced,  bo  that  the  geological  conditions  and  relation  of  the  rock  in 
place  to  the  known  oil  field  may  be  intelligently  considered. 

Hirshfeld  v.  Chrisnian,  40  L.  D.  112,  p.  116. 

To  constitute  a  discovery  of  oil  or  petroleum  under  this  act  the  law  requires  some- 
thing more  than  conjecture,  hope,  or  even  indications,  and  the  geological  formation 
with  practical  experience  taken  with  surface  indications,  such  as  seepage  of  oil, 
may  be  sufficient  to  justify  further  expectations  and  hope  that  upon  drilling  a  well 
oil  may  be  discovered,  but  taken  alone  they  do  not  amount  to  a  discovery. 

Butte  Oil  Co.,  In  re,  40  L.  D.  602,  p.  605. 
See  Nevada  Sierra  Oil  Co.  v.  Home  Oil  Co.,  98  Fed.  673. 
Miller  v.  Chrisman,  140  Cal.  440. 

New  England  &  Coalinga  Oil  Co.  v.  Congdon,  152  Cal.  211. 
Bay  V.  Oklahoma  Southern  Gas,  etc.,  Min.  Co.,  13  Okla.  425. 

Until  some  body  or  vein  of  oil,  by  drilling  into  the  earth,  has  been  discovered, from 
which  oil  can  be  brought  to  the  surface,  it  is  not  sufficient  to  warrant  a  location  under 
this  statute. 

Bay  V.  Oklahoma  Southern  Gas,  etc.,  Min.  Co.,  13  Okla.  425,  p.  437. 

A  locator  who  has  entered  upon  public  lands  and  discovered  petroleum  or  other 
mineral  oils  thereon,  and  has  shown  the  lands  to  be  mineral  in  character  is  entitled 
to  hold  such  location  as  against  a  nonmineral  applicant  who  failed  to  show  by  proper 
averments  that  the  lands  were  open  to  settlement. 

Riverside  Oil  Co.  v.  Hitchcock,  21  App.  Cases,  D.  C.  252,  p.  264;  affirmed  in  190 
U.  S.  316. 

A  discovery  of  mineral  under  this  act,  as  well  as  in  placer  mining  claims,  must  be 
sufficient  to  justify  a  prudent  mind  in  the  expenditure  of  money  and  labor  in  exploi- 
tation for  petroleum. 

Cook  V.  Johnson,  3  Alaska  506,  p.  534. 
See  Chrisman  v.  Miller,  197  U.  S.  313. 

Lands  containing  petroleum  can  not  be  entered  under  this  statute  where  oil  was 
discovered  after  the  lands  became  a  part  of  the  Glacier  National  Park. 
Butte  Oil  Co.,  In  re,  40  L.  D.  602,  p.  606. 

C.  DISCOVERY — INSUFFICIENCY. 

Mere  indications  of  the  presence  of  oil  on  a  claim  are  not  sufficient  to  answer  the 
requirements  of  the  statute,  as  an  actual  discovery  of  oil  within  the  limits  of  the  claim 
is  an  essential  condition  to  the  making  of  a  valid  location  of  any  unappropriated 
lands  of  the  United  States. 

Nevada  Sierra  Oil  Co.  v.  Home  Oil  Co.,  98  Fed.  673,  pp.  675,  679. 
See  Colorado  Coal,  etc.,  Co.  v.  United  States  123  U.  S.  307. 

Waterloo  Min.  Co.  v.  Doe,  56  Fed.  685. 

Olive  Land  &  Dev.  Co.  v.  Olmstead,  103  Fed.  568,  p.  572. 

Bay  V.  Oklahoma  Southern  Gas,  etc.,  Min.  Co.,  13  Okla.  425,  p.  437. 

New  England  &  Coalinga  Oil  Co.  v.  Congdon,  152  Cal.  211,  p.  213. 

A  valid  location  can  not  be  made  upon  oil  lands  merely  from  surface  indications, 
though  it  would  lead  any  petroleum  expert  to  pronounce  the  same  oil  or  petroleum 
territory  and  chiefly  valuable  therefor. 

Olive  Land  &  Dev.  Co.  v.  Olmstead,  103  Fed.  568,  p.  572. 
Butte  Oil  Co.,  In  re,  40  L.  D.  602. 

New  England  &  Coalinga  Oil  Co.  v.  Congdon,  152  Cal.  211,  p.  213. 


1046  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


A  person  cau  not  make  a  valid  location  upon  oil  lands  based  upon  mere  surface 
indications  without  an  actual  discovery  where  another  person  is  in  possession  of  the 
same  land  actually  engaged  in  working  and  developing  the  same  in  the  way  of  drilling 
for  oil  under  an  attempted  location  of  the  same. 

Nevada  Sierra  Oil  Co.  v.  Home  Oil  Co.,  98  Fed.  673,  p.  679. 
Olive  Land  &  Dev.  Co.*  v.  Olmstead,  103  Fed.  568,  p.  572. 
Miller  v.  Chrisman,  140  Cal.  440,  p.  446. 
Weed  V.  Snook,  144  Cal.  439,  p.  440. 

A  pretended  location  on  oil  lands  under  the  statute  relating  to  placer  mining  claims  is 
void  where  no  discovery  of  oil  or  other  mineral  had  been  made,  and  where  such  alleged 
locators  did  not  continue  in  the  actual  possession  of  any  part  of  the  premises,  and  such 
occupancy  did  not  prevent  others  if  done  peaceably  from  making  locations  under 
the  mining  laws. 

Olive  Land  &  Dev.  Co.  v.  Olmstead,  103  Fed.  568,  p.  573. 
See  Belk  v.  Meagher,  104  U.  S.  279. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  pp.  40,  41. 

Horswell  v.  Ruiz,  67  Cal.  111. 

Garthe  v.  Hart,  73  Cal.  541. 

Hopkins  v.  Noyes,  4  Mont.  550. 

McCormick  v.  Varnes,  2  Utah  355. 

d.  ASPHALTUM  LOCATED  AS  OIL  CLAIM. 

While  asphaltum  varying  in  its  consistency  from  a  liquid,  when  in  a  liquid  or  semi- 
liquid  state,  may  be  located  under  this  petroleum  or  mineral  oil  statute,  yet  when 
it  assumes  the  form  of  gilsonite  and  is  found  in  a  vein  or  lode  in  rock  in  place  it  is  not 
subject  to  location  under  this  amendatory  act. 

Webb  V.  American  Asphaltum  Min.  Co.,  157  Fed.  203,  p.  206. 
See  Duffield  v.  San  Francisco  Chemical  Co.,  198  Fed.  942. 

San  Francisco  Chemical  Co.  v.  Dufiield,  201  Fed.  830. 

Duffield  V.  San  Francisco  Chemical  Co.,  205  Fed.  480. 

A  deposit  of  asphaltum  in  a  lode  or  vein  in  rock  in  place  was  locatable  by  means  of 
a  lode  mining  claim  and  was  not  subject  to  location  by  a  placer  claim  under  either 
the  act  of  1866  or  the  act  of  1872  at  the  time  of  the  adoption  of  this  amendatory  act, 
and  in  1896  the  Secretary  of  the  Interior  decided  that  lands  valuable  for  petroleum 
could  not  be  entered  and  patented  under  the  placer  mining  claim  section,  and  the 
passage  of  this  amendatory  act  following  immediately  such  decision  indicates  that 
Congress  did  not  intend  to  thereby  change  the  prescribed  method  for  the  entry  of 
veins  of  asphaltum  in  rock  in  place,  but  that  the  only  purpose  of  the  amendatory 
act  was  to  restore  the  rule  and  practice  regarding  petroleum  and  other  mineral  oils 
which  were  not  found  in  veins  or  lodes  which  prevailed  before  the  decision  of  the 
Secretary  of  the  Interior. 

Webb  V.  American  Asphaltum  Min.  Co.,  157  Fed.  203,  p.  207. 
See  Rogers,  In  re,  4  L.  D.  284. 

Piru  Oil  Co.,  In  re,  16  L.  D.  117. 

Union  Oil  Co.,  In  re,  23  L.  D.  222. 

Nonmetalliferous  deposits,  such  as  asphaltum,  found  in  lodes  or  veins  in  rock  in 
place  can  not  be  entered  under  this  act. 

Harry  Lode  Min.  Claim,  In  re,  41  L.  D.  403,  p.  408. 
See  Utah  Onyx  Dev.  Co.,  In  re,  38  L.  D.  504. 

e.  EXISTING  LOCATIONS  APPROVED. 

This  statute  recognizes,  approves,  and  confirms  the  location  of  oil  lands  made  prior 
to  the  time  of  its  enactment. 

Gates  V.  Producers  &  Consumers  Oil  Co.,  96  Fed.  7,  p.  8. 


OIL  AND  PllOSPliATE  l.ANDS^  PP.  1(>4;3-1052. 


1047 


f.  rUlOlUTY  OF  LOCATION — PROTECTION. 

The  locator  of  au  oil  location  is  protected  in  Ids  possession  if  he  diligently  prosecnt(?8 
the  digging  of  wells,  but  he  must  mark  the  boundaries  of  his  location  and  post  and 
rt^cord  his  notice  as  required,  but  even  then  he  acquires  no  vested  right  as  against 
the  United  States. 

McLemore  v.  Express  Oil  Co.,  158  Cal.  559,  p.  562. 

An  attempted  mineral  location  under  the  placer  laws  of  lands  supposed  to  contain 
oil,  but  where  no  discovery  has  been  made,  will  not  be  effective  as  against  a  homestead 
entry,  as  no  vested  right  is  initiated  prior  to  the  discovery  of  oil,  and  while  a  mining 
locator  who  is  actually  in  possession  of  the  land  and  diligently  prosecuting  his  efforts  to 
make  a  discovery  of  oil  will  be  protected  from  any  secret  or  fraudulent  entry  by 
another,  yet  such  diligent  prosecution  of  the  work  does  not  mean  the  mere  doing  of 
assessment  work  or  an  attempt  to  hold  the  lands  by  means  of  a  cabin,  or  unused  ap- 
pliances, or  the  construction  of  a  reservoir  and  sump  hole,  but  it  means  diligent, 
continuous  prosecuting  of  the  work  with  the  expenditure  of  whatever  money  may  be 
necessary  to  the  discovery  of  oil. 

Hirshfeld  v.  Chrisman,  40  L.  D.  112,  p.  114. 
See  McLemore  v.  Express  Oil  Co.,  158  Cal.  559. 

g.  FIRST  LOCATOR  NOT  A  DISCOVERER — KNOWLEDGE  NECESSARY. 

A  locator  of  a  mining  claim  need  not  necessarily  be  the  first  discoverer  of  a  vein  or 
lode,  but  if  he  knows  at  the  time  of  making  his  location  that  tliere  had  been  a  dis- 
covery within  the  limit  of  his  location  he  may  base  his  location  thereon. 

McMillen  v.  Ferrum  Min.  Co.,  32  Colo.  38,  p.  43. 
Nevada  Sierra  Oil  Co.  v.  Home  Oil  Co.,  98  Fed.  673. 
See  Conway  v.  Hart,  129  Cal.  480. 

Wenner  v.  McNulty,  7  Mont.  30. 

O'Donnell  v.  Glenn,  8  Mont.  248. 

Hayes  v.  Lavagnino,  17  Utah,  185. 

While  it  is  not  necessary  that  a  locator  should  be  the  first  discoverer  of  mineral  upon 
land  in  order  that  the  prior  discovery  by  another  will  inure  to  his  benefit,  yet  it  must 
have  been  known,  adopted,  and  claimed  by  him. 

Bay  V.  Oklahoma  Southern  Gas,  etc.,  Min.  Co.,  13  Okla.  425,  p.  437. 
See  Olive  Land  &  Dev.  Co.,  103  Fed.  568. 

h.  ACREAGE — ONE  DISCOVERY. 

A  placer  claim  is  limited  to  20  acres  to  each  individual  locator,  and  160  acres  is  the 
aggregate  that  may  be  located  by  an  association  of  persons,  but  one  discovery  is  suffi- 
cient for  the  entire  claim  even  if  it  consists  of  more  than  20  acres. 

Whiting  V.  Straup,  17  Wyo.  1,  p.  20. 

3.  CONTEST  WITH  HOMESTEAD  CLAIMANT. 

A  mineral  claimant  who  has  not  made  a  valid  location  prior  to  a  homestead  entry 
must  contest  the  adverse  homestead  entry  and  secure  its  cancellation,  and  until  this 
is  done  he  can  not  jointly  occupy  the  land  with  the  homesteader,  as  there  can  not 
be  two  valid  entries  on  the  same  land  at  the  same  time,  nor  can  there  be  a  valid  mineral 
location  and  a  valid  homestead  entry. 

Bay  V.  Oklahoma  Southern  Gas,  etc.,  Min.  Co.,  13  Okla.  425,  p.  435. 

This  act  does  not  authorize  or  justify  a  person  seeking  to  locate  an  oil  claim  to  enter 
upon  land  held  under  an  agricultural  entry,  for  the  purpose  of  exploiting  such  land  for 
the  purpose  of  testing  its  mineral  value. 

McLemore  v.  Express  Oil  Co.,  158  Cal.  559,  p.  566. 


1048  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


4.  HEARING  TO  DETERMINE  CHARACTER  OF  LAND. 

The  department  may  order  a  hearing  to  determine  whether  lands  in  controversy 
were  oil  lands  and  were  known  to  be  such  at  the  time  the  proof  of  publication  and 
posting  of  notice  "were  completed,  this  being  the  time  when  the  rights  of  the  applicant 
vested. 

Hirshfeld  v.  Chrisman,  40  L.  D.  112,  p.  116. 
See  Harkrader  v.  Goldstein,  31  L.  D.  87,  p.  94. 

32  STAT.  825,  FEBRTJARY  12,  1903. 

OIL-MINING  CLAIMS— ASSESSMENT  WORK. 

AN  ACT  Defining  what  shall  constitute  and  providing  for  assessments  on  oil-mining 

claims. 

Be  it  enacted,  etc.,  That  where  oil  lands  are  located  under  the  pro- 
visions of  sections  2329-2333,  Revised  Statutes  of  the  United  States, 
as  placer  mining  claims,  the  annual  assessment  labor  upon  such 
claims  may  be  done  upon  any  one  of  a  group  of  claims  lying  contig- 
uous and  owned  by  the  same  person  or  corporation,  not  exceeding 
five  claims  in  all:  Provided,  That  said  labor  will  tend  to  development 
or  to  determine  the  oil-bearing  character  of  such  contiguous  claims. 

36  STAT.  1015,  MARCH  2,  1911. 

OIL  AND  GAS  LANDS— LOCATORS  PROTECTED. 
AN  ACT  To  protect  good  faith  locators  of  oil  and  gas  lands. 

Be  it  enacted,  etc..  That  in  no  case  shall  patent  be  denied  to  or  for 
any  lands  heretofore  located  or  claimed  under  the  mining  laws  of 
the  United  States  containing  petroleum,  mineral  oil,  or  gas  solely 
because  of  any  transfer  or  assignment  thereof  or  of  any  interest  or 
interests  therein  by  the  original  locator  or  locators,  or  any  of  them, 
to  any  quahfied  persons  or  person,  or  corporation,  prior  to  discovery 
of  oil  or  gas  therein,  but  if  such  claim  is  in  all  other  respects  vahd  and 
regular,  patent  therefor  not  exceeding  160  acres  in  any  one  claim 
shall  issue  to  the  holder  or  holders  thereof,  as  in  other  cases:  Pro- 
vided, however,  That  such  lands  were  not  at  the  time  of  inception 
of  development  on  or  under  such  claim  withdrawn  from  mineral  entry. 

See  sec.  2329  R.  S.,  p.  507. 

A.  OIL  AND  GAS  LANDS. 

1.  DEFECTIVE  TITLE  CURED  AND  TRANSFERS  PROTECTED. 

This  act  was  designed  to  cure  defective  titles  to  oil  or  gas  land  claimed  where  trans- 
fers had  been  made  prior  to  discovery;  accordingly  the  act  can  not  apply  where  no 
work  was  being  prosecuted  which  led  to  the  discovery  of  oil  and  where  there  was  no 
inception  of  development  work  on  the  claim  at  the  date  of  departmental  withdrawal, 
September  27,  1909. 

Lowell,  In  re,  40  L.  D.  303,  p.  305. 

Under  this  act  patent  is  not  to  be  denied  for  lands  located  under  the  mining  laws 
contaiidng  petroleum  or  gas  because  of  any  transfer  thereof,  provided  such  lands  were 
not  at  the  time  of  the  inception  of  the  claim  withdrawn  from  mineral  entry. 

Graham,  In  re,  40  L.  D.  128,  p.  129. 


OIL  AND  PHOSPHATE  LANDS,  PP.  1043-1052. 


1049 


39  STAT.  708,  AUGUST  25;  1914  (PUBLIC— NO.  187.— 63D  CONGRESS). 

OIL  AND  GAS  LANDS— LOCATORS  PROTECTED— AMENDMENT. 

AN  ACT  To  amend  an  Act  entitled  **An  act  to  protect  the  locators  in  good  faith  of 
oil  and  gas  lands  who  shall  have  effected  an  actual  discovery  of  oil  or  gas  on  the 
public  lands  of  the  United  States,  or  their  successors  in  interest,"  approved  March 
2,  1911. 

Be  it  enacted,  etc.,  That  an  act  entitled  ''An  act  to  protect  the 
locators  in  ^ood  faith  of  oil  and  gas  lands  who  shall  have  effected 
an  actual  discovery  of  oil  or  gas  on  the  public  lands  of  the  United 
States,  or  their  successors  in  interest,"  approved  March  2,  1911,  be 
amended  by  adding  thereto  the  following  section: 

''Sec.  2.  That  where  applications  for  patents  have  been  or  may 
hereafter  be  offered  for  any  oil  or  gas  land  included  in  an  order  of 
withdrawal  upon  which  oil  or  gas  has  heretofore  been  discovered,  or 
is  being  produced,  or  upon  which  drilling  operations  were  in  actual 
progress  on  October  3,  1910,  and  oil  or  gas  is  thereafter  discovered 
thereon,  and  where  there  has  been  no  final  determination  by  the 
Secretary  of  the  Interior  upon  such  applications  for  patent,  said 
Secretary,  in  his  discretion,  may  enter  into  agreements,  under  such 
conditions  as  he  may  prescribe  with  such  applicants  for  patents  in 
possession  of  such  land  or  any  portions  thereof,  relative  to  the 
disposition  of  the  oil  or  gas  produced  therefrom  or  the  proceeds 
thereof,  pending  final  determination  of  the  title  thereto  by  the  Secre- 
tary of  the  Interior,  or  such  other  disposition  of  the  same  as  may  be 
authorized  by  law.  Any  money  which  may  accrue  to  the  United 
States  under  the  provisions  of  this  act  from  lands  within  the  Naval 
petroleum  reserves  shall  be  set  aside  for  the  needs  of  the  Navy  and 
deposited  in  the  Treasury  to  the  credit  of  a  fund  to  be  known  as  the 
Navy  petroleum  fund,  which  fund  shall  be  applied  to  the  needs  of  the 
Navy  as  Congress  may  from  time  to  time  direct,  by  appropriation  or 
otherwise. ' ' 

37  STAT.  496,  AUGUST  24,  1912. 

AGRICULTURAL  ENTRIES— OIL  AND  GAS  RESERVED. 
AN  ACT  To  provide  for  agricultural  entries  on  oil  and  gas  lands. 

Be  it  enacted,  etc.,  That  from  and  after  the  passage  of  this  act 
unreserved  public  lands  of  the  United  States  in  the  State  of  Utah, 
which  have  been  withdrawn  or  classified  as  oil  lands,  or  are  valuable 
for  oil,  shall  be  subject  to  appropriate  entry  under  the  homestead 
laws  by  actual  settlers  only,  the  desert-land  law,  to  selection  by  the 
State  of  Utah  under  grants  made  by  Congress  and  under  section  4 
of  the  act  approved  August  18,  1894  (28  Stat.  372),  known  as  the 
Carey  Act,  and  to  withdrawal  under  the  act  approved  June  17,  1902 
(32  Stat.  388),  known  as  the  reclamation  act,  and  to  disposition  in 
the  discretion  of  the  Secretary  of  the  Interior  under  the  law  providing 
for  the  sale  of  isolated  or  disconnected  tracts  of  pubhc  lands,  whenever 
such  entry,  selection,  or  withdrawal  shall  be  made  with  a  view  of 
obtaining  or  passing  title,  with  a  reservation  to  the  United  States  of 
the  oil  and  gas  in  such  lands  and  of  the  right  to  prospect  for,  mine, 
and  remove  the  same.  But  no  desert  entry  made  under  the  provi- 
sions of  this  act  shall  contain  more  than  160  acres:  Provided,  That 
those  who  have  initiated  nonmineral  entries,  selections,  or  locations 
in  good  faith,  prior  to  the  passage  of  this  act,  on  lands  withdrawn  or 

56974°— Bull.  94,  pt  2—15  15 


1050  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

classified  as  oil  lands,  may  perfect  the  same  under  the  provisions  of 
the  laws  under  which  said  entries  were  made,  but  shall  receive  the 
limited  patent  provided  for  in  this  act. 

Sec.  2.  That  any  person  desiring  to  make  entry  under  the  home- 
stead laws  or  the  desert-land  law,  and  the  State  of  Utah  desiring  to 
make  selection  under  section  4  of  the  act  of  August  18,  1894,  known 
as  the  Carey  Act,  or  under  grants  made  by  Congress,  and  the  Secre- 
tary of  the  Interior  in  withdrawing  under  the  reclamation  act  lands 
classified  as  oil  lands,  or  valuable  for  oil,  with  a  view  of  securing  or 
passing  title  to  the  same  in  accordance  with  the  provisions  of  said 
acts,  shall  state  in  the  application  for  entry,  selection,  or  notice  of 
withdrawal  that  the  same  is  made  in  accordance  with  and  subject 
to  the  provisions  and  reservations  of  this  act. 

Sec.  3.  That  upon  satisfactory  proof  of  full  compliance  with  the 
provisions  of  the  laws  under  which  entry  is  made  and  of  this  act  the 
entryman  shall  be  entitled  to  a  patent  to  the  land  entered  by  him, 
which  patent  shall  contain  a  reservation  to  the  United  States  of  all 
the  oil  and  gas  in  the  lands  so  patented,  together  with  the  right  to 
prospect  for,  mine,  and  remove  the  same  upon  rendering  compensa- 
tion to  the  patentee  for  all  damages  that  may  be  caused  by  prospect- 
ing for  and  removing  such  oil  or  gas.  The  reserved  oil  and  gas  de- 
posits in  such  lands  shall  be  disposed  of  only  as  shall  be  hereafter 
expressly  directed  by  law. 

37  STAT.  687,  FEBRUARY  27,  1913. 

OIL  AND  PHOSPHATE  LANDS— SELECTION  BY  IDAHO. 

AN  ACT  To  provide  for  selection  by  the  State  of  Idaho  of  phosphate  and  oil  lands. 

Be  it  enacted,  etc.,  That  from  and  after  the  passage  of  this  act 
unreserved  public  lands  of  the  United  States  in  the  State  of  Idaho 
which  have  been  withdrawn  or  classified  as  phosphate  or  oil  lands, 
or  are  valuable  for  phosphates  or  oil,  shall,  if  otherwise  available 
under  existing  law,  be  subject  to  selection  by  the  State  of  Idaho  under 
indemnity  and  other  land  grants  made  to  it  by  Congress  whenever 
such  selections  shaU  be  made  with  a  view  of  obtaining  or  passing 
title,  with  a  reservation  to  the  United  States  of  the  phosphates  and 
oil  in  such  lands,  and  of  the  right  to  prospect  for,  mine,  and  remove 
the  same. 

Sec.  2.  That  the  State  of  Idaho,  when  applying  to  select  lands 
classified  as  phosphate  or  oil  lands,  or  valuable  for  phosphates  or  oil, 
with  a  view  to  securing  or  passing  title  to  the  same  in  accordance 
with  the  provisions  of  the  indemnity  and  other  granting  acts,  shall 
state  in  the  application  for  selection  that  same  is  made  in  accordance 
with  and  subject  to  the  provisions  and  reservations  of  this  act. 

Sec.  3.  That  upon  satisfactory  proof  of  full  compliance  with  the 
provisions  of  the  laws  under  which  selection  is  made  and  this  act,  the 
State  shaU,  upon  approval  of  the  selection  by  the  Secretary  of  the 
Interior,  be  entitled  to  have  the  lands  certified  to  it,  with  a  reserva- 
tion to  the  United  States  of  all  the  phosphates  and  oil  in  the  land  so 
certified,  together  with  the  right  in  the  United  States,  or  persons 
authorized  by  it,  to  prospect  for,  mine,  and  remove  the  same;  but 
before  any  person  not  acting  for  the  United  States  shaU  be  entitled 
to  enter  upon  the  lands  certified  for  the  purpose  of  prospecting  for 


OIL  AND  PHOSPHATE  LANDS,  PP.  1043-1052.  1051 

phosphiitos  or  oil  he  shall  furnish,  subject  to  approval  by  the  Secre- 
tary of  the  Interior,  a  bond  or  undertaking  as  security  for  the  J)ay- 
ment  of  all  damages  to  the  crops  and  improvements  on  said  lancfs  by 
reason  of  such  prospecting  for  phosphates  or  oil.  Any  person  who 
has  acquired  from  the  United  States  the  oil  or  phosphate  deposits  in 
any  such  land,  or  the  right  to  mine  or  remove  tne  same,  may  reenter 
and  occupy  so  much  of  tlie  surface  thereof  as  may  be  required  for  all 
purposes  reasonably  incident  to  tlie  mining  and  removal  of  the  oil  or 
phosphate  therefrom  and  mine  and  remove  the  oil  or  phosphate  upon 
payment  of  the  damages  caused  thereby  to  the  owner  thereof,  or  upon 
giving  a  good  and  sufficient  bond  or  undertaking  in  an  action  insti- 
tuted in  any  competent  court  to  ascertain  and  fix  said 'damages:  Pro- 
vided, That  nothing  herein  contained  shall  be  held  to  deny  or  abridge 
the  right  of  the  State  of  Idaho  to  present  and  have  prompt  consider- 
ation of  applications  to  select  lands,  which  have  been  classified  as  oil 
or  phosphate  lands,  with  a  view  to  disproving  such  classification  and 
securing  a  certificate  without  reservation:  And  provided  further, 
That  the  reserved  phosphate  and  oil  deposits  in  approved  selections 
under  this  act  shall  not  be  subject  to  exploration  or  entry,  other  than 
by  the  United  States,  except  as  hereinafter  authorized  by  Congress. 

39  STAT.  509,  JULY  17,  1914  (PUBLIC— NO.  128— 63d  CONGRESS). 

OIL  AND  PHOSPHATE  LANDS— AGRICULTURAL  ENTRY. 

AN  ACT  To  provide  for  agricultural  entry  of  lands  withdrawn,  classified,  or  reported 
as  containing  phosphate,  nitrate,  potash,  oil,  gas,  or  asphaltic  minerals. 

Be  it  enacted,  etc.,  That  lands  withdrawn  or  classified  as  phos- 
phate, nitrate,  potash,  oil,  gas,  or  asphaltic  minerals,  or  which  are 
valuable  for  those  deposits,  shall  be  subject  to  appropriation,  location, 
selection,  entry,  or  purchase,  if  otherwise  available,  under  the  non- 
mineral  land  laws  of  the  United  States,  whenever  such  location,  selec- 
tion, entry,  or  purchase  shall  be  made  with  a  view  of  obtaining  or 
passing  title  with  a  reservation  to  the  United  States  of  the  deposits  on 
account  of  which  the  lands  were  withdrawn  or  classified  or  reported 
as  valuable,  together  with  the  right  to  prospect  for,  mine,  and  remove 
the  same;  but  no  desert  entry  made  under  the  provisions  of  this  act 
shall  contain  more  than  160  acres:  Provided,  That  aU  applications 
to  locate,  select,  enter,  or  purchase  under  this  section  shall  state  that 
the  same  are  made  in  accordance  with  and  subject  to  the  provisions 
and  reservations  of  this  act. 

Sec.  2.  That  upon  satisfactory  proof  of  full  compliance  with  the 
provisions  of  the  laws  under  which  the  location,  selection,  entry,  or 
urchase  is  made,  the  locator,  selector,  entryman,  or  purchaser  shall 
e  entitled  to  a  patent  to  the  land  located,  selected,  entered,  or  pur- 
chased, which  patent  shall  contain  a  reservation  to  the  United  States 
of  the  deposits  on  account  of  which  the  lands  so  patented  were 
withdrawn  or  classified  or  reported  as  valuable,  together  with  the 
right  to  prospect  for,  mine,  and  remove  the  same,  such  deposits  to  be 
subject  to  disposal  by  the  United  States  only  as  shall  be  hereafter 
expressly  directed  by  law.  Any  person  qualified  to  acquire  the 
reserved  deposits  may  enter  upon  said  lands  with  a  view  of  prospect- 
ing for  the  same  upon  the  approval  by  the  Secretary  of  the  Interior 
of  a  bond  or  undertaking  to  be  filed  with  him  as  security  for  the 


1052  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


payment  of  all  damages  to  the  crops  and  improvements  on  such 
lands  by  reason  of  such  prospecting,  the  measure  of  any  such  damage 
to  be  fixed  by  agreement  of  parties  or  by  a  court  of  competent  juris- 
diction. Any  person  who  has  acquired  from  the  United  States  the 
title  to  or  the  right  to  mine  and  remove  the  reserved  deposits,  should 
the  United  States  dispose  of  the  mineral  deposits  in  lands,  may 
reenter  and  occupy  so  much  of  the  surface  thereof  as  may  be  required 
for  all  purposes  reasonably  incident  to  the  mining  and  removal  of 
the  minerals  therefrom,  and  mine  and  remove  such  minerals,  upon 
payment  of  damages  caused  thereby  to  the  owner  of  the  land,  or 
upon  giving  a  good  and  sufficient  bond  or  undertaking  therefor  in 
an  action  instituted  in  any  competent  court  to  ascertain  and  fix 
said  damages:  Provided,  That  nothing  herein  contained  shall  be 
held  to  deny  or  abridge  the  right  to  present  and  have  prompt  con- 
sideration of  applications  to  locate,  select,  enter,  or  purchase,  under 
the  land  laws  of  the  United  States,  lands  which  have  been  withdrawn 
or  classified  as  phosphate,  nitrate,  potash,  oil,  gas,  or  asphaltic 
mineral  lands,  with  a  view  of  disproving  such  classification  and 
securing  patent  without  reservation,  nor  shall  persons  who  have 
located,  selected,  entered,  or  purchased  lands  subsequently  with- 
drawn, or  classified  as  valuable  for  said  mineral  deposits,  be  debarred 
from  the  privilege  of  showing,  at  any  time  before  final  entry,  pur- 
chase, or  approval  of  selection  or  location,  that  the  lands  entered, 
selected,  or  located  are  in  fact  nonmineral  in  character. 

Sec.  3.  That  any  person  who  has,  in  good  faith,  located,  selected, 
entered,  or  purchased,  or  any  person  who  shall  hereafter  locate, 
select,  enter,  or  purchase,  under  the  nonmineral  land  laws  of  the 
United  States,  any  lands  which  are  subsequently  withdrawn,  classi- 
fied, or  reported  as  being  valuable  for  phosphate,  nitrate,  potash,  oil, 
gas,  or  asphaltic  minerals,  may,  upon  application  therefor,  and 
making  satisfactory  proof  of  compliance  with  the  laws  under  which 
such  lands  are  claimed,  receive  a  patent  therefor,  which  patent 
shall  contain  a  reservation  to  the  United  States  of  all  deposits  on 
account  of  which  the  lands  were  withdrawn,  classified,  or  reported 
as  being  valuable,  together  with  the  right  to  prospect  for,  mine, 
and  remove  the  same. 

See  page  1221. 


PHILIPPINE  ISLANDS  MINING  ACT. 


31  STAT.  895,  p.  910,  MARCH  2,  1901. 

PHILIPPINE  ISLANDS— MINING  RIGHTS. 

AN  ACT  Making  appropriations  for  the  support  of  the  Army  for  the  fiscal  year  ending 

June  30,  1902. 

Be  it  enacted,  etc.,    *    *  * 

All  military,  civil,  and  judicial  powers  necessary  to  govern  the 
Philippine  Islands,  acquired  from  Spain  by  the  treaties,    *    *  * 

Until  a  permanent  government  shall  have  been  established  in  said 
archipelago  full  reports  shall  be  made  to  Congress  on  or  before  the 
first  day  of  each  session  of  all  legislative  acts  and  proceedings  of  the 
temporary  government  instituted  under  the  provisions  hereof;  and 
full  reports  of  the  acts  and  doings  of  said  government,  and  as  to  the 
condition  of  the  archipelago,  and  of  its  people,  shall  be  made  to  the 
President,  including  all  information  which  may  be  useful  to  the 
Congress  in  providing  for  a  more  permanent  government:  Provided, 
That  no  sale  or  lease  or  other  disposition  of  the  public  lands  or  the  tim- 
ber thereon  or  the  mining  rights  therein  shall  be  made  :    *    *  * 

A.  UNOCCUPIED  GROUND— ADVERSE  CLAIM. 

There  can  be  no  adverse  claim  under  this  act  where  the  grounds  are  not  unoccu- 
pied. 

Reavis  v.  Franza,  215  U.  S.  16,  p.  24. 

32  STAT.  697-710  (ORIGINAL  ACT),  JULY  1,  1902;  33  STAT.  689  (AMENDMENT),  FEBRUARY 

6,  1905. 

MINING  RIGHTS  AND  CLAIMS. 

AN  ACT  Temporarily  to  provide  for  the  administration  of  the  affairs  of  civil  govern- 
ment in  the  Philippine  Islands,  and  for  other  purposes,  approved  July  1,  1902, 
as  amended  by  Public — No.  43,  approved  February  6,  1905. 

Note.— The  sections  of  the  origmal  act  and  of  the  amended  act  are  here  combined. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  12.  That  all  the  property  and  rights  which  may  have  been 
acquired  in  the  Philippine  Islands  by  the  Ignited  States  under  the 
treaty  of  peace  with  Spain,  signed  December  10,  1898,  except  such 
land  or  other  property  as  shaU  be  designated  by  the  President  of 
the  United  States  for  military  and  other  reservations  of  the  Govern- 
ment of  the  United  States,  are  hereby  placed  under  the  control  of  the 
government  of  said  islands  to  be  administered  for  the  benefit  of  the 
inhabitants  thereof,  except  as  provided  in  this  act. 

Sec.  13.  That  the  government  of  the  Philippine  Islands,  subject 
to  the  provisions  of  this  act  and  except  as  herein  provided,  shall 

1053 


1054 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


classify  according  to  its  agricultural  character  and  productiveness, 
and  shaU  immediately  make  rules  and  regulations  for  the  lease,  sale, 
or  other  disposition  of  the  public  lands  other  than  timber  or  mineral 
lands,  but  such  rules  and  regulations  shall  not  go  into  effect  or  have 
the  force  of  law  until  they  have  received  the  approval  of  the 
President  and  when  approved  by  the  President  they  shall  be  sub- 
mitted by  him  to  Congress  at  the  beginning  of  the  next  ensuing 
session  thereof  and  unless  disapproved  or  amended  by  Congress  at  said 
session  they  shall  at  the  close  of  such  period  have  the  force  and  effect 
of  law  in  the  Philippine  Islands:  Provided,  That  a  single  homestead 
entr}^  shall  not  exceed  16  hectares  in  extent. 

Sec.  14.  That  the  government  of  the  Philippine  Islands  is  hereby 
authorized  and  empowered  to  enact  rules  and  regulations  and  to 
prescribe  terms  and  conditions  to  enable  persons  to  perfect  their 
title  to  public  lands  in  said  islands,  who,  prior  to  the  transfer  of 
sovereignty  from  Spain  to  the  United  States,  had  fuIfiUed  all  or  some 
of  the  conditions  required  by  the  Spanish  laws  and  royal  decrees  of 
the  Kingdom  of  Spain  for  the  acquisition  of  legal  title  thereto  yet 
failed  to  secure  conveyance  of  title;  and  the  Philippine  Commission 
is  authorized  to  issue  patents,  without  compensation,  to  any  native 
of  said  islands,  conveying  title  to  any  tract  of  land  not  more  than 
16  hectares  in  extent,  which  were  public  lands  and  had  been  actually 
occupied  bv  such  native  or  his  ancestors  prior  to  and  on  the  13th 
of  August,  1S98. 

vSec.  15.  That  the  government  of  the  Philippine  Islands  is  hereby 
authorized  and  empowered,  on  such  terms  as  it  may  prescribe,  by 
general  legislation,  to  provide  for  the  granting  or  sale  and  convey- 
ance to  actual  occupants  and  settlers  and  other  citizens  of  said  islands 
such  parts  and  portions  of  the  public  domain,  other  than  timber  and 
mineral  lands,  of  the  United  States  in  said  islands  as  it  may  deem 
wise,  not  exceeding  16  hectares  to  any  one  person  and  for  the  sale 
and  conveyance  of  not  more  than  1,024  hectares  to  any  corpora- 
tion or  association  of  persons:  Provided,  That  the  grant  or  sale  of 
such  lands,  whether  the  purchase  price  be  paid  at  once  or  in  partial 
payments,  shall  be  conditioned  upon  actual  and  continued  occupancy, 
improvement,  and  cultivation  of  the  premises  sold  for  a  period  of 
not  less  than  five  years,  during  which  time  the  purchaser  or  grantee 
can  not  alienate  or  encumber  said  land  or  the  title  thereto;  but  such 
restriction  shall  not  apply  to  transfers  of  rights  and  title  of  inheri- 
tance under  the  laws  for  the  distribution  of  the  estates  of  decedents. 

MINERAL  LANDS. 

Sec.  20.  That  in  all  cases  public  lands  in  the  Philippine  Islands 
valuable  for  minerals  shall  be  reserved  from  sale,  except  as  otherwise 
expressly  directed  by  law. 

Sec.  21.  That  all  valuable  mineral  deposits  in  public  lands  in  the 
Philippine  Islands,  both  surveyed  and  unsurveyed,  are  hereby 
declared  to  be  free  and  open  to  exploration,  occupation,  and  pur- 
chase, and  the  land  in  which  they  are  found  to  occupation  and  pur- 
chase, by  citizens  of  the  United  States,  or  of  said  islands;  Provided, 
That  when  on  any  lands  in  said  islands  entered  and  occupied  as 
agricultural  lands  under  the  provisions  of  this  act,  but  not  patented, 


PHILIPPINE  ISLANDS  MINING  ACT,  PP.  1053-1067. 


1055 


mineral  deposits  have  been  found,  (he  working  of  such  mineral 
deposits  is  hereby  forbidden  until  the  person,  association,  or  cor- 
poration who  or  wliich  has  entered  and  is  occupying  such  lands  shall 
have  paid  to  the  Government  of  said  islands  such  additional  sum  or 
sums  as  will  make  the  total  amount  paid  for  the  mineral  claim  or 
claims  in  which  said  deposits  are  located  equal  to  the  amount  charged 
by  the  Government  for  the  same  as  mineral  claims. 

Sec.  22.  That  mining  claims  upon  land  containing  veins  or  lode 
of  quartz  or  other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead, 
tin,  copper,  or  other  valuable  deposits  located  after  the  passage  of 
this  act,  whether  located  by  one  or  more  persons  qualified  to  locate 
the  same  under  the  preceding  section,  shall  be  located  in  the  following 
manner  and  under  the  following  conditions :  Any  person  so  qualified 
desiring  to  locate  a  mineral  claim  shall,  subject  to  the  provisions  of  this 
act  with  respect  to  land  which  may  be  used  for  mining,  enter  upon  the 
same  and  locate  a  plat  (feet  in  original  act)  of  ground  measuring, 
where  possible,  but  not  exceeding  300  meters  in  length  by  300  meters 
in  breadth,  in  as  nearly  as  possible  a  rectangular  form;  that  is  ot 
say,  all  angles  shall  be  right  angles,  except  in  cases  where  a  boundary 
line  of  a  previously  surveyed  claim  is  adopted  as  common  to  both 
claims,  but  the  lines  need  not  necessarily  be  meridional.  In  defining 
the  size  of  a  mineral  claim  it  shall  be  measured  horizontally,  irre- 
spective of  inequalities  of  the  surface  of  the  ground. 

Sec.  23.  That  a  mineral  claim  shall  be  marked  by  two  posts, 
placed  as  nearly  as  possible  on  the  line  of  the  ledge  or  vein,  and  the 
posts  shall  be  numbered  1  and  2,  and  the  distance  between  posts 
numbered  1  and  2  shall  not  exceed  300  meters,  the  line  between  posts 
numbered  1  and  2  to  be  known  as  the  location  line;  and  upon  posts 
numbered  1  and  2  shall  be  written  the  name  given  to  the  mineral 
claim,  the  name  of  the  locator,  and  the  date  of  the  location.  Upon 
post  numbered  1  there  shall  be  written,  in  addition  to  the  foregoing, 
'^Initial  post,"  the  approximate  compass  bearing  of  post  numbered 
2,  and  a  statement  of  the  number  of  meters  (feet  in  original  act)  lying 
to  the  right  and  to  the  left  of  the  line  from  post  numbered  1  to  post 
numbered  2,  thus  Initial  post.  Direction  of  post  numbered  2 
meters  of  this  claim  lie  on  the  right  and  meters  on  the  left  of 
the  line  from  number  1  to  number  2  post."  All  the  particulars 
required  to  be  put  on  number  1  and  number  2  posts  shall  be  furnished 
by  the  locator  to  the  provincial  secretary,  or  such  other  officer  as  by 
the  Philippine  Government  may  be  described  as  mining  recorder,  in 
writing,  at  the  time  the  claim  is  recorded,  and  shall  form  a  part  of  the 
record  of  such  claim. 

Sec.  24.  Ttiat  when  a  claim  has  been  located  the  holder  shall 
immediately  mark  the  line  between  posts  numbered  1  and  2  so  that 
it  can  be  distinctly  seen.  The  locator  shall  also  place  a  post  at  the 
point  where  he  has  found  minerals  in  place,  on  which  shall  be  written 
''Discovery  post:"  Provided,  That  wlien  the  claim  is  surveyed  the 
surveyor  shall  be  guided  by  the  records  of  the  claim,  the  sketch  plan 
on  the  back  of  the  declaration  made  by  the  owner  when  the  claim  was 
recorded,  posts  numbered  1  and  2,  and  the  notice  on  number  1, 
the  initial  post. 


1056  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


EXAMPLES  OF  VARIOUS  MODES  OP  LAYING  OUT  CLAIMS. 

1.  2. 


No.  2  post. 

-O — 


150  meters. 


Discovery  ^ 
post.  ^ 


150  m. 


150  m. 


-O- 


No.  2  post. 

-o — 


loom. 


200  m. 


O  Discovery  post,  o 


-O- 


200  m. 


225  m. 


No.  2  post. 

-o- 


75  m. 


Discovery  post.  O 


-O- 


No.  1  post. 


No.  1  post. 


No.  1  post. 


Note. — See  section  8  of  Act  No.  624  of  the  Philippine  Commission  (see  page  50),  which  requires  corner 
posts  in  addition  to  above. 

Sec.  25.  That  it  shall  not  be  lawful  to  move  number  1  post,  but 
number  2  post  may  be  moved  by  the  deputy  mineral  surveyor  when 
the  distance  between  posts  numbered  1  and  2  exceeds  300  meters 
(1,000  feet  in  original  act)  in  order  to  place  number  2  post  300  meters 
from  number  1  post  on  the  line  of  location.  When  the  distance 
between  posts  numbered  1  and  2  is  less  than  300  meters,  the  deputy 
mineral  surveyor  shall  have  no  authority  to  extend  the  claim  beyond 
number  2. 

Sec.  26.  That  the  "location  line"  shall  govern  the  direction  of 
one  side  of  the  claim,  upon  which  the  survey  shall  be  extended  accord- 
ing to  this  act. 

Sec.  27.  That  the  holder  of  a  mineral  claim  shall  be  entitled  to  all 
minerals  which  may  lie  within  his  claim,  but  he  shall  not  be  entitled 
to  mine  outside  the  boundary  lines  of  his  claim  continued  vertically 
downward:  Provided,  That  this  act  shall  not  prejudice  the  rights  of 
claim  owners  nor  claim  holders  whose  claims  have  been  located  under 
existing  laws  prior  to  this  act. 

Sec.  28.  That  no  mineral  claim  of  the  full  size  shall  be  recorded 
without  the  application  being  accompanied  by  an  affidavit  made  by 
the  applicant  or  some  person  on  his  behalf  cognizant  of  the  facts — 
that  the  legal  notices  and  posts  have  been  put  up;  that  mineral  has 
been  found  in  place  on  the  claim  proposed  to  be  recorded;  that  the 
ground  applied  for  is  unoccupied  by  any  other  person.  In  the  said 
declaration  shall  be  set  out  the  name  of  the  applicant  and  the  date 
of  the  location  of  the  claim.  The  words  written  on  the  number  1 
and  number  2  posts  shall  be  set  out  in  full,  and  as  accurate  a  descrip- 
tion as  possible  of  the  position  of  the  claim  given  with  reference  to 
some  natural  object  or  permanent  monuments. 

Sec.  29.  That  no  mineral  claim  which  at  the  date  of  its  record, 
is  known  by  the  locator  to  be  less  than  a  full-sized  mineral  claim, 
shall  be  recorded  without  the  word  "fraction"  being  added  to  the 
name  of  the  claim,  and  the  application  being  accompanied  by  an 
affidavit  or  solemn  declaration  made  by  the  apphcant  or  some 
person  on  his  behalf  cognizant  of  the  facts:  That  the  legal  posts 
and  notices  have  been  put  up;  that  mineral  has  been  found  in  place 


PHILIPPINE  ISLANDS  MINING  ACT,  PP.  105.3-1007.  1057 


on  the  fractional  claim  proposed  to  be  recorded;  tliat  llie  ground 
applied  for  is  unoccupied  by  any  otlier  person.  In  the  said  declara- 
tion shall  be  set  out  the  name  of  the  applicant  and  the  date  of  the 
location  of  the  claim.  The  words  written  on  the  posts  numbei-ed 
1  and  2  shall  be  set  out  in  full,  and  as  accurate  a  description  as  possi- 
ble of  the  position  of  tlie  claim  given.  A  sketch  plan  shall  be  drawn 
by  the  applicant  on  the  back  of  the  declaration,  showing  as  near  as 
may  be  the  position  of  the  adjoining  mineral  claims  and  the  shape 
and  size,  expressed  in  meters,  of  the  claim  or  fraction  desired  to  be 
recorded:  Provided,  That  the  failure  on  the  part  of  the  locator  of  a 
mineral  claim  to  comply  with  any  of  the  foregoing  provisions  of 
this  section  shall  not  be  deemed  to  invalidate  such  location  if,  upon 
the  facts,  it  shall  appear  that  such  locator  has  actually  discovered 
mineral  in  place  on  said  location  and  that  there  has  been  on  his  part 
a  bona  fide  attempt  to  comply  with  the  provisions  of  this  act,  and 
that  the  nonobservance  of  the  formalities  hereinbefore  referred  to 
is  not  of  a  character  calculated  to  mislead  other  persons  desiring  to 
locate  claims  in  the  vicinity. 

Sec.  30.  That  in  cases  where,  from  the  nature  or  shape  of  the 
ground,  it  is  impossible  to  mark  the  location  line  of  the  claim  as 
provided  by  this  act  then  the  claim  may  be  marked  by  placing 
posts  as  nearly  as  possible  to  the  location  line,  and  noting  the  dis- 
tance and  direction  such  posts  may  be  from  such  location  line  which 
distance  and  direction  shall  be  set  out  in  the  record  of  the  claim. 

Sec.  31.  That  every  person  locating  a  mineral  claim  shall  record 
the  same  with  the  provincial  secretary,  or  such  other  officer  as  by 
the  Government  of  the  Philippine  Islands  may  be  described  as 
mining  recorder  of  the  district  within  which  the  same  is  situate, 
within  30  days  after  the  location  thereof.  Such  record  shall  be 
made  in  a  book  to  be  kept  for  the  purpose  in  the  office  of  the  said 
provincial  secretary  or  such  other  officer  as  by  said  Government 
described  as  mining  recorder,  in  which  shall  be  inserted  the  name  of 
the  claim,  the  name  of  each  locator,  the  locality  of  the  mine,  the  di- 
rection of  the  location  line,  the  length  in  meters  (feet  in  original  act), 
the  date  of  location,  and  the  date  of  the  record.  A  claim  which  shall 
not  have  been  recorded  within  the  prescribed  period  shall  be  deemed 
to  have  been  abandoned. 

Sec.  32.  That  in  case  of  any  dispute  as  to  the  location  of  a  mineral 
claim  the  title  to  the  claim  shall  be  recognized  according  to  the 
priority  of  such  location,  subject  to  any  question  as  to  the  validity 
of  the  record  itself  and  subject  to  the  holder  having  complied  with 
all  the  terms  and  conditions  of  this  act. 

Sec.  33.  That  no  holder  shall  be  entitled  to  hold  in  his,  its,  or 
their  own  name  or  in  the  name  of  any  other  person,  corporation,  or 
association  more  than  one  mineral  claim  on  the  same  vein  or  lode. 

Sec.  34.  That  a  holder  may  at  any  time  abandon  any  mineral 
claim  by  giving  notice,  in  writing,  of  such  intention  to  abandon,  to 
the  provincial  secretary  or  such  other  officer  as  by  the  government 
of  the  Philippine  Islands  may  be  described  as  mining  recorder;  and 
from  the  date  of  the  record  of  such  notice  all  his  interest  in  such  claim 
shall  cease. 

Sec.  35.  That  proof  of  citizenship  under  the  clauses  of  this  act 
relating  to  mineral  lands  may  consist,  in  the  case  of  an  individual,  of 
his  own  affidavit  thereof;  in  the  case  of  an  association  of  persons 


1058  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


unincorporated,  of  the  affidavit  of  their  authorized  agent,  made  on 
his  own  knowledge  or  upon  information  and  beHef;  and  in  case  of  a 
corporation  organized  under  the  laws  of  the  United  States,  or  of  any 
State  or  Territory  thereof,  or  of  the  Philippine  Islands,  by  the  filing 
of  a  certified  copy  of  their  charter  or  certificate  of  incorporation. 

Sec.  36.  That  the  United  States  Philippine  Commission  or  its  suc- 
cessors may  make  regulations,  not  in  conflict  with  the  provisions  of 
this  act,  governing  the  location,  manner  of  recording,  and  amount  of 
work  necessary  to  hold  possession  of  a  mining  claim,  subject  to  the 
f ollowhig  requn^ements : 

On  each  claim  located  after  the  passage  of  this  act,  and  until  a 
patent  has  been  issued  therefor,  not  less  than  200  pesos'  ($100  in 
original  act)  worth  of  labor  shall  be  performed  or  improvements  made 
during  each  year:  Provided,  That  upon  a  failure  to  comply  with 
these  conditions  the  claim  or  mine  upon  which  such  failure  occurred 
shall  be  open  to  relocation  in  the  same  manner  as  if  no  location  of  the 
same  had  ever  been  made,  provided  that  the  original  locators,  their 
heirs,  assigns,  or  legal  representatives  have  not  resumed  work  upon 
the  claim  after  failure  and  before  such  location.  Upon  the  failure  of 
any  one  of  several  coowners  to  contribute  his  proportion  of  the  expen- 
ditures required  thereby,  the  coowners  who  have  performed  the  labor 
or  made  the  improvements  may,  at  the  expiration  of  the  year,  give 
such  delinquent  coowners  personal  notice  in  writing,  or  notice  by 
publication  in  the  newspaper  published  nearest  the  claim,  and  in  two 
newspapers  published  at  Manila,  one  in  the  English  language  and  the 
other  in  the  Spanish  language,  to  be  designated  by  the  chief  of  the 
Philippine  insular  bureau  of  public  lands,  for  at  least  once  a  week 
for  90  days ;  and,  if,  at  the  expiration  of  90  days  after  such  notice  in 
writing  or  by  publication,  such  delinquent  shall  fail  or  refuse  to  con- 
tribute his  proportion  of  the  expenditure  required  by  this  section, 
his  interest  in  the  claim  shall  become  the  property  of  his  coowners 
who  have  made  the  required  expenditures.  The  period  within  which 
the  work  required  to  be  done  annually  on  all  unpatented  mineral 
claims  shall  commence  on  the  1st  day  of  January  succeeding  the 
date  of  location  of  such  claim. 

Sec.  37.  That  a  patent  for  any  land  claimed  and  located  for  valu- 
able mineral  deposits  may  be  obtained  in  the  following  manner :  Any 
person,  association,  or  corporation  authorized  to  locate  a  claim  under 
this  act,  having  claimed  and  located  a  piece  of  land  for  such  purposes 
who  has  or  have  complied  with  the  terms  of  this  act,  may  file  in  the 
office  of  the  provincial  secretary,  or  such  other  officer  as  by  the  gov- 
ernment of  said  islands  may  be  described  as  mining  recorder  of  the 
Province  wherein  the  land  claimed  is  located,  an  application  for  a 
patent,  under  oath,  showing  such  compliance,  together  with  a  plat 
and  field  notes  of  the  claim  or  claims  in  common,  made  by  or  under 
the  direction  of  the  chief  of  the  Philippine  insular  bureau  of  public 
lands,  showing  accurately  the  boundaries  of  the  claim,  which  shall 
be  distinctly  marked  by  monuments  on  the  ground,  and  shall  post  a 
copy  of  such  plat,  together  with  a  notice  of  such  application  for  a 
patent,  in  a  conspicuous  place  on  the  land  embraced  in  such  plat 
previous  to  the  filing  of  the  application  for  a  patent,  and  shall  file  an 
affidavit  of  at  least  two  persons  that  such  notice  has  been  duly  posted, 
and  shall  file  a  copy  of  the  notice  in  such  office,  and  shall  thereupon 
be  entitled  to  a  patent  for  the  land,  in  the  manner  following:  The 


PHILIPPINE  ISLANDS  MINING  ACT,  PP.  1053-TOf)7.  1059 

provincial  secretary,  or  such  other  officer  as  by  the  Pliili])pino  (iov- 
ernment  may  be  described  as  mining  recorder,  upon  tlie  filing  of  such 
application,  plat,  field  notes,  notices,  and  affi(hivits,  shall  publish  a 
notice  that  such  an  application  has  been  made,  once  a  week  for  the 
period  of  60  days,  in  a  newspaper  to  be  by  him  designated  as  nearest 
to  such  claim,  and  in  two  newspapers  published  at  Manila,  one  in  the 
English  language  and  one  in  the  Spanish  language,  to  be  designated 
by  the  chief  of  the  Philip2:)inc  insular  bureau  of  public  lands;  and 
he  shall  also  post  such  notice  in  his  office  for  the  same  period.  The 
claimant  at  the  time  of  filing  this  a])plication,  or  at  any  time  there- 
after within  the  60  days  of  publication,  shall  fde  with  the  provincial 
secretary,  or  such  other  officer  as  by  the  Pliilippine  Government  may 
be  described  as  mining  recorder,  a  certificate  of  the  chief  of  the  Philip- 
pine insular  bureau  of  public  lands  that  1,000  pesos'  ($500  in  origi- 
nal act)  worth  of  labor  has  been  expended  or  improvements  made 
upon  the  claim  by  himself  or  grantors;  that  the  plat  is  correct,  with 
such  further  description  by  such  reference  to  natural  objects  or  per- 
manent monuments  as  shall  identify  the  claim,  and  furnish  an  accu- 
rate description  to  be  incorporated  in  the  patent.  At  the  expiration 
of  the  60  days  of  publication  the  claimant  shall  file  his  affidavit, 
showing  that  the  plat  and  notice  have  been  posted  in  a  conspicuous 
place  on  the  claim  during  such  period  of  publication.  If  no  adverse 
claim  shall  have  been  ffied  with  the  provincial  secretary,  or  such  other 
officer  as  by  the  government  of  said  islands  may  be  described  as  mining 
recorder,  at  the  expiration  of  the  60  days  of  publication,  it  shall  be 
assumed  that  the  applicant  is  entitled  to  a  patent  upon  the  payment 
to  the  provmcial  treasurer,  or  the  collector  of  internal  revenue,  of  25 
pesos  per  hectare,  and  that  no  adverse  claim  exists;  and  thereafter 
no  objection  from  third  parties  to  the  issuance  of  a  patent  shall  be 
heard,  except  it  be  shown  that  the  applicant  has  failed  to  comply 
with  the  terms  of  this  act:  Provided,  That  where  the  claimant  for  a 
patent  is  not  a  resident  of  or  within  the  Province  wherein  the  land 
containing  the  vein,  ledge,  or  deposit  sought  to  be  patented  is  located, 
the  application  for  patent  and  the  affidavits  required  to  be  made  in 
this  section  by  the  claimant  for  such  patent  may  be  made  by  his,  her, 
or  its  authorized  agent  where  said  agent  is  conversant  with  the  facts 
sought  to  be  established  by  said  affidavits. 

Sec.  38.  That  applicants  for  mineral  patents,  if  residing  beyond 
the  limits  of  the  Province  or  military  department  wherein  the  claim 
is  situated,  may  make  the  oath  or  affidavit  required  for  proof  of  citi- 
zenship before  the  clerk  of  any  court  of  record,  or  before  any  notary 
public  of  any  Province  of  the  Philippine  Islands,  or  any  other  official 
in  said  islands  authorized  by  law  to  administer  oaths. 

Sec.  39.  That  where  an  adverse  claim  is  filed  during  the  period 
of  publication  it  shall  be  upon  oath  of  the  person  or  persons  making 
the  same,  and  shall  show  the  nature,  boundaries,  and  extent  of  such 
adverse  claim,  and  all  proceedings,  except  the  publication  of  notice 
and  making  and  filing  of  the  affidavits  thereof,  shall  be  stayed  until 
the  controversy  shall  have  been  settled  or  decided  by  a  court  of  com- 
petent jurisdiction  or  the  adverse  claim  waived.  It  shall  be  the 
duty  of  the  adverse  claimant,  within  30  days  after  filing  his  claim, 
to  commence  proceedings  in  a  court  of  competent  jurisdiction  to 
determine  the  question  of  the  right  of  possession  and  prosecute  the 
same  with  reasonable  diligence  to  final  judgment,  and  a  failure  so  to 


1060  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

do  shall  be  a  waiver  of  his  adverse  claim.  After  such  judgment  shall 
have  been  rendered  the  party  entitled  to  the  possession  of  the  claim, 
or  any  portion  thereof,  may,  without  giving  further  notice,  file  a 
certified  copy  of  the  judgment  roll  with  the  provincial  secretary,  or 
such  other  officer  as  by  the  Government  of  the  Philippine  Islands 
may  be  described  as  mining  recorder,  together  with  the  certificate 
of  the  Chief  of  the  Philippine  insular  bureau  of  public  lands  that 
the  requisite  amount  of  labor  has  been  expended  or  improvements 
made  thereon,  and  the  description  required  in  other  cases,  and  shall 
pay  to  the  provincial  treasurer  or  the  collector  of  internal  revenue  of 
the  Province  in  which  the  claim  is  situated,  as  the  case  may  be,  25 
pesos  ($5  in  original  act)  per  hectare  (acre  in  original  act)  for  his 
claim,  together  with  the  proper  fees,  whereupon  the  whole  proceed- 
ings and  the  judgment  roll  shall  be  certified  by  the  provincial  secre- 
tary, or  such  other  officer  as  by  said  government  may  be  described 
as  mining  recorder,  to  the  secretary  of  the  interior  of  the  Philippine 
Islands,  and  a  patent  shall  issue  thereon  for  the  claim,  or  such  portion 
thereof  as  the  applicant  shall  appear,  from  the  decision  of  the  court, 
rightly  to  possess.  The  adverse  claim  may  be  verified  by  the  oath 
of  any  duly  authorized  agent  or  attorney  in  fact  of  the  adverse  claim- 
ant cognizant  of  the  facts  stated;  and  the  adverse  claimant,  if  resid- 
ing or  at  the  time  bemg  beyond  the  limits  of  the  Province  wherein 
the  claim  is  situated,  may  make  oath  to  the  adverse  claim  before  the 
clerk  of  any  court  of  record,  or  any  notary  public  of  any  Province  or 
military  department  of  the  Philippine  Islands,  or  any  other  officer 
authorized  to  administer  oaths  where  the  adverse  claimant  may  then 
be.  If  it  appears  from  the  decision  of  the  court  that  several  parties 
are  entitled  to  separate  and  different  portions  of  the  claim,  each  party 
may  pay  for  his  portion  of  the  claim,  with  the  proper  fees,  and  file 
the  certificate  and  description  by  the  Chief  of  the  Philippine  insular 
bureau  of  public  lands,  whereupon  the  provuicial  secretary  or  such 
other  officer  as  by  the  government  of  said  islands  may  be  described 
as  mining  recorder  shall  certify  the  proceedings  and  judgment  roU 
to  the  secretary  of  the  interior  for  the  Philippine  Islands,  as  in  the 
preceding  case,  and  patents  shall  issue  to  the  several  parties  accord- 
ing to  their  respective  rights.  If,  in  any  action  brought  pursuant 
to  this  section,  title  to  the  ground  in  controversy  shall  not  be  estab- 
ished  by  either  party,  the  court  shall  so  find,  and  judgment  shall  be 
entered  accordingly.  In  such  case  costs  shall  not  be  allowed  to  either 
party,  and  the  claimant  shall  not  proceed  in  the  office  of  the  provincial 
secretary  or  such  other  officer  as  by  the  government  of  said  islands 
may  be  described  as  mining  recorder  or  be  entitled  to  a  patent  for 
the  ground  in  controversy  until  he  shall  have  perfected  his  title. 
Nothing  herein  contained  shall  be  construed  to  prevent  the  alienation 
of  a  title  conveyed  by  a  patent  for  a  mining  claim  to  any  person 
whatever. 

Sec.  40.  That  the  description  of  mineral  claims  upon  surveyed 
lands  shall  designate  the  location  of  the  claim  with  reference  to  the 
lines  of  the  public  surveys,  but  need  not  conform  therewith;  but  where 
a  patent  shall  be  issued  for  claims  upon  unsurveyed  lands,  the  Chief 
of  the  Philippine  insular  bureau  of  public  lands  in  extending  the 
surveys  shall  adjust  the  same  to  the  boundaries  of  such  patented  claim 
according  to  the  plat  or  description  thereof,  but  so  as  in  no  case  to  in- 
terfere with  or  change  the  location  of  any  such  patented  claim. 


PHILIPPINE  ISLANDS  MINING  ACT,  PP.  1053-1007. 


1061 


Sec.  41.  That  any  person  authorized  to  enter  lands  under  this 
act  may  enter  and  obtain  patent  to  lands  that  are  chiefly  valuable  for 
building  stone  under  the  provisions  of  this  act  relative  to  placer 
mineral  claims. 

Sec.  42.  That  any  person  authorized  to  enter  lands  under  this  act 
may  enter  and  obtain  patent  to  lands  containing  petroleum  or  other 
mineral  oils  and  chiefly  valuable  therefore  under  the  provisioris  of 
this  act  relataive  to  placer  mineral  claims. 

Sec.  43.  That  no  location  of  a  placer  claim  shall  exceed  64  hectares 
for  any  association  of  persons,  irrespective  of  the  number  of  persons 
composing  such  association,  and  no  such  location  shall  include  more 
than  8  hectares  for  an  individual  claimant.  Such  locations  shall 
conform  to  the  laws  of  the  United  States  Philippine  Commission,  or 
its  successors,  with  reference  to  public  surveys,  and  nothing  in  this 
section  contained  shall  defeat  or  impair  any  bona  fide  ownership  of 
land  for  agricultural  purposes  or  authorize  the  sale  of  the  improve- 
ments of  any  bona  fide  settler  to  any  purchaser. 

Sec.  44.  That  where  placer  claims  are  located  upon  surveyed  lands 
and  conform  to  legal  subdivisions,  no  further  survey  or  plat  shall 
be  required,  and  all  placer  mining  claims  located  after  the  date  of 
passage  of  this  act  shall  conform  as  nearly  as  practicable  to  the 
Philippine  system  of  public-land  surveys  and  the  regular  subdivisions 
of  such  surveys;  but  where  placer  claims  can  not  be  conformed  to 
legal  subdivisions,  survey  and  plat  shall  be  made  as  on  unsurveyed 
lands ;  and  where  by  the  segregation  of  mineral  lands  in  any  legal  sub- 
division a  quantity  of  agricultural  land  less  than  16  hectares  shall 
remain,  such  fractional  portion  of  agricultural  land  may  be  entered 
by  any  party  qualified  by  law  for  homestead  purposes. 

Sec.  45.  That  where  such  person  or  association,  they  and  their 
grantors  have  held  and  worked  their  claims  for  a  period  equal  to  the 
time  prescribed  by  the  statute  of  limitations  of  the  Philippine  Islands, 
evidence  of  such  possession  and  working  of  the  claims  for  such  period 
shall  be  sufficient  to  establish  a  right  to  a  patent  thereto  under  this 
act,  in  the  absence  of  any  adverse  claim ;  but  nothing  in  this  act  shall 
be  deemed  to  impair  any  lien  which  may  have  attached  in  any  way 
whatever  prior  to  the  issuance  of  a  patent. 

Sec.  46.  That  the  Chief  of  the  Philippine  insular  bureau  of 
public  lands  may  appoint  competent  deputy  mineral  surveyors  to 
survey  mining  claims.  The  expenses  of  the  survey  of  vein  or  lode 
claims  and  of  the  survey  of  placer  claims,  together  with  the  cost  of 

Eublication  of  notices,  shall  be  paid  by  the  applicants,  and  they  shall 
e  at  liberty  to  obtain  the  same  at  the  most  reasonable  rates,  and 
they  shall  also  be  at  liberty  to  employ  any  such  deputy  mineral  sur- 
veyor to  make  the  surv-ey.  The  Chief  of  the  Philippine  insular  bu- 
reau of  public  lands  shall  also  have  power  to  establish  the  maximum 
charges  for  surveys  and  publication  of  notices  under  this  act;  and 
in  case  of  excessive  charges  for  publication  he  may  designate  any 
newspaper  published  in  a  Province  where  mines  are  situated,  or  in 
Manila,  for  the  publication  of  mining  notices  and  fix  the  rates  to  be 
charged  by  such  paper;  and  to  the  end  that  the  Chief  of  the  bureau 
of  public  lands  may  be  fully  informed  on  the  subject  such  applicant 
shall  file  with  the  provincial  secretary,  or  such  other  officer  as  by  the 
government  of  the  Phillippine  Islands  may  be  described  as  mining 
recorder,  a  sworn  statement  of  all  charges  and  fees  paid  by  such 


1062  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


applicant  for  publication  and  surveys,  and  of  all  fees  and  money 
paid  the  provincial  treasurer  or  the  collector  of  internal  revenue, 
as  the  case  may  be,  which  statement  shall  be  transmitted,  with  the 
other  papers  in  the  case,  to  the  secretary  of  the  interior  for  the 
Phihppine  Islands. 

Sec.  47.  That  all  affidavits  required  to  be  made  under  this  act 
may  be  verified  before  any  officer  authorized  to  administer  oaths 
within  the  Province  or  military  department  where  the  claims  may  be 
situated,  and  all  testimony  and  proofs  may  be  taken  before  any  such 
officer,  and,  when  duly  certified  by  the  officer  taking  the  same,  shall 
have  the  same  force  and  eft'ect  as  if  taken  before  the  proper  provincial 
secretary  or  such  other  officer  as  by  the  government  of  the  Philippine 
Islands  may  be  described  as  mining  recorder.  In  cases  of  contest 
as  to  the  mineral  or  agricultural  character  of  land  the  testimony  and 
proofs  may  be  taken  as  herein  provided  on  personal  notice  of  at  least 
10  days  to  the  opposing  party;  or  if  such  party  can  not  be  found, 
then  by  publication  at  least  once  a  week  for  30  days  in  a  newspaper 
to  be  designated  by  the  provincial  secretary  or  such  other  officer  as  by 
said  government  may  be  described  as  mining  recorder  published 
nearest  to  the  location  of  such  land  and  in  two  newspapers  published 
in  Manila,  one  in  the  English  language  and  one  in  the  Spanish 
language,  to  be  designated  by  the  Chief  of  the  Philippine  insular 
bureau  of  public  lands;  and  the  provincial  secretary  or  such  other 
officer  as  by  said  government  may  be  described  as  mining  recorder 
shall  require  proofs  that  such  notice  has  been  given. 

Sec.  48.  That  where  nonmineral  land  not  contiguous  to  the  vein 
or  lode  is  used  or  occupied  by  the  proprietor  of  such  vein  or  lode  for 
mining  or  milling  purposes,  such  nonadjacent  surface  ground  may  be 
embraced  and  included  in  an  application  for  a  patent  for  such  vein 
or  lode,  and  the  same  may  be  patented  therewith,  subject  to  the  same 
preliminary  requirements  as  to  survey  and  notice  as  are  applicable 
to  veins  or  lodes;  but  no  location  of  such  nonadjacent  land  shall  exceed 
2  hectares,  and  payment  for  the  same  must  be  made  at  the  same  rate 
as  fixed  by  this  act  for  the  superficies  of  the  lode.  The  owner  of  a 
quartz  mill  or  reduction  works  not  owning  a  mine  in  connection 
therewith  may  also  receive  a  patent  for  his  mill  site  as  provided  in 
this  section. 

Sec.  49.  That  as  a  condition  of  sale  the  government  of  the 
Philippine  Islands  may  provide  rules  for  working,  policing,  and 
sanitation  of  mines,  and  rules  concerning  easements,  drainage,  water 
rights,  right  of  way,  right  of  Government  survey  and  inspection, 
and  other  necessary  means  to  their  complete  development  not 
inconsistent  with  the  provisions  of  this  act,  and  those  conditions 
shall  be  fully  expressed  in  the  patent.  The  Philippine  Commission 
or  its  successors  are  hereby  further  empowered  to  fix  the  bonds  of 
deputy  mineral  surveyors. 

Sec.  50.  That  whenever  by  priority  of  possession  rights  to  the  use 
of  water  for  mining,  agricultural,  manufacturing,  or  other  purposes 
have  vested  and  accrued  and  the  same  are  recognized  and  acknowl- 
edged by  the  local  customs,  laws,  and  the  decisions  of  courts,  the 
possessors  and  owners  of  such  vested  rights  &ha,ll  be  maintained  and 
protected  in  the  same,  and  the  right  oi  way  for  the  construction  of 
ditches  and  canals  for  the  purposes  herein  specified  is  acknowledged 
and  confirmed,  but  whenever  any  person,  in  the  construction  of  any 


PHILIPPINE  ISLANDS  MINING  ACT,  PP.  1058-1067. 


1063 


ditch  or  canal,  injures  or  (lania*j^es  the  possession  of  any  settler  on  the 

Eublic  domain,  the  party  conunittin<ij  such  injury  or  damage  shall  be 
able  to  the  party  injured  for  such  injury  or  damage. 
Sec.  51.  That  aU  patents  granted  shall  be  subject  to  any  vested 
and  accrued  water  rights,  or  rights  to  ditches  and  reservoirs  u^ad  in 
connection  with  such  water  rights  as  may  have  been  acquired  under 
or  recognized  by  the  preceding  section. 

Sec.  52.  That  the  government  of  the  Philippine  Islands  i^  author- 
ized to  establish  land  districts  and  provide  Tor  the  appointment  of 
the  necessary  officers  wherever  they  may  deem  the  same  necessary 
for  the  pubhc  convenience,  and  to  further  provide  that  in  districts 
where  land  offices  are  established  proceedings  required  by  this  act  to 
be  had  before  provincial  officers  snail  be  had  before  the  proper  offi- 
cers of  such  land  offices. 

Sec.  53.  That  every  person  above  the  age  of  21  years  who  is  a 
citizen  of  the  United  States  or  of  the  Philippine  Islands,  or  who  has 
acquired  the  right  of  a  native  of  said  islands  under  and  by  virtue  of 
the  treaty  of  Paris,  or  any  association  of  persons  severally  qualified 
as  above,  shall,  upon  application  to  the  proper  provincial  treasurer, 
have  the  right  to  enter  any  quantity  (quality  in  original  act)  of 
vacant  coal  lands  of  said  islands,  not  otherwise  appropriated  or 
reserved  by  competent  authority,  not  exceeding  64  hectares  to  such 
individual  pereon,  or  128  hectares  to  such  association,  upon  pay- 
ment to  the  provincial  treasurer  or  the  collector  of  internal  revenue, 
as  the  case  may  be,  of  not  less  than  50  pesos  ($25  in  original  act)  per 
hectare  for  such  lands,  where  the  same  shall  be  situated  more  than 
25  kilometers  from  any  completed  railroad  or  available  harbor  or 
navigable  stream,  and  not  less  than  100  pesos  per  hectare  for  such 
lands  as  shaU  be  within  25  kilometers  (75  miles  in  original  act)  of  such 
road,  harbor,  or  stream:  Provided,  That  such  entries  shaU  be  taken 
in  squares  of  16  or  64  hectares,  in  conformity  vdih  the  rules  and  regu- 
lations governing  the  public-land  surveys  of  the  said  islands  in  plot- 
ting legal  subdivisions. 

Sec.  54.  That  any  person  or  association  of  persons,  severally 
qualified  as  above  provided,  who  have  opened  and  improved,  or  shall 
hereafter  open  and  improve,  any  coal  mine  or  mines  upon  the  public 
lands,  and  shall  be  in  actual  possession  of  the  same,  shall  be  entitled 
to  a  preference  right  of  entry  under  the  preceding  section  of  the  mines 
so  opened  and  improved. 

Sec.  55.  That  all  claims  under  the  preceding  section  must  be  pre- 
sented to  the  proper  provincial  secretary  within  60  days  after  the 
date  of  actual  possession  and  the  commencement  of  improvements 
on  the  land  by  the  filing  of  a  declaratory  statement  therefor;  and 
where  the  improvements  shall  have  been  made  prior  to  the  expira- 
tion of  three  months  from  the  date  of  the  passage  of  this  act,  60  days 
from  the  expiration  of  such  three  months  shall  be  allowed  for  the 
filing  of  a  declaratory  statement;  and  no  sale  under  the  provisions  of 
this  act  shall  be  allowed  until  the  expiration  of  six  months  from  the 
date  of  the  passage  of  this  act. 

Sec.  56.  That  the  three  preceding  sections  shall  be  held  to  author- 
ize only  one  entry  by  the  same  person  or  association  of  persons ;  and 
no  association  of  persons,  any  member  of  which  shall  have  taken  the 
benefit  of  such  sections,  either  as  an  individual  or  as  a  member  of  any 
other  association,  shall  enter  or  hold  any  other  lands  under  the  provi- 


1064  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


sions  thereof ;  and  no  member  of  any  association  which  shall  have 
taken  the  benefit  of  such  section  shall  enter  or  hold  any  other  land? 
under  their  provisions ;  and  all  persons  claiming  under  section  58  shall 
be  required  to  prove  their  respective  rights  and  pajr  for  the  lands  filed 
upon  within  one  year  from  the  time  prescribed  for  filing  their  respective 
claims;  and  upon  failure  to  file  the  proper  notice  or  to  pay  for  the 
land  within  the  recjuired  period,  the  same  shall  be  subject  to  entry 
by  any  other  qualified  appHcant. 

Sec.  57.  That  in  case  of  conflicting  claims  upon  coal  lands  where 
the  improvements  shall  be  commenced  after  the  date  of  the  passage 
of  this  act,  priority  of  possession  and  improvement,  followed  by 
proper  filing  and  continued  good  faith,  shall  determine  the  prefer- 
ence right  to  purchase.  And  also  where  improvements  have  already 
been  made  prior  to  the  passage  of  this  act,  division  of  the  land  claimed 
may  be  made  by  legal  subdivisions,  which  shall  conform  as  nearly  as 
practicable  with  the  subdivisions  of  land  provided  for  in  this  act,  to 
include  as  near  as  may  be  the  valuable  improvements  of  the  respective 
parties.  The  government  of  the  Philippine  Islands  is  authorized 
to  issue  all  needful  rules  and  regulations  for  carrying  into  effect  the 
provisions  of  this  and  preceding  sections  relating  to  mineral  lands. 

Sec.  58.  That  whenever  it  shall  be  made  to  appear  to  the  secretary 
of  any  Province  or  the  commander  of  any  military  department  in  the 
Philippine  Islands  that  any  lands  within  the  Province  are  saline  in 
character,  it  shall  be  the  duty  of  said  provincial  secretary  or  com- 
mander, under  the  regulations  of  the  government  of  the  Philippine 
Islands,  to  take  testimony  in  reference  to  such  lands,  to  ascertain 
their  true  character,  and  to  report  the  same  to  the  secretary  of  the 
interior  for  the  Philippine  Islands;  and  if  upon  such  testimony  the 
secretary  of  the  interior  shall  find  that  such  lands  are  saline  and  inca- 
pable oi  being  purchased  under  any  of  the  laws  relative  to  the  pubhc 
domain,  then  and  in  such  case  said  lands  shall  be  offered  for  sale  at  the 
office  of  the  provincial  secretary,  or  such  other  officer  as  by  the  said 
government  may  be  described  as  mining  recorder  of  the  Province  or 
department  in  which  the  same  shall  be  situated,  as  the  case  maybe, 
under  such  regulations  as  may  be  prescribed  by  said  government  and 
sold  to  the  highest  bidder  for  cash  at  a  price  of  not  less  than  6  pesos 
($3  in  original  act)  per  hectare;  and  in  case  such  lands  fail  to  sell 
when  so  offered,  then  the  same  shall  be  subject  to  private  sale  at 
such  office,  for  cash,  at  a  price  not  less  than  6  pesos  ($3  in  original  act) 
per  hectare,  in  the  same  manner  as  other  lands  in  the  said  islands  are 
sold.  All  executive  proclamations  relating  to  the  sales  of  public 
saline  lands  shall  be  pubUshed  in  only  two  newspapers,  one  printed 
in  the  English  language  and  one  in  the  Spanish  language,  at  Manila, 
which  shall  be  designated  by  said  secretary  of  the  interior. 

Sec.  59.  That  no  act  granting  lands  to  provinces,  districts,  or 
municipalities  to  aid  in  the  construction  of  roads,  or  for  other  public 
purposes,  shall  be  so  construed  as  to  embrace  mineral  lands,  which, 
in  all  cases,  are  reserved  exclusively,  unless  otherwise  specially  pro- 
vided in  the  act  or  acts  malting  the  grant. 

Sec.  60.  That  nothing  in  this  act  shall  be  construed  to  affect  the 
rights  of  any  person,  partnership,  or  corporation  having  a  vaHd  per- 
fected mining  concession  granted  prior  to  April  11,  1899,  but  all  such 
concessions  shall  be  conducted  under  the  provisions  of  the  law  in 
force  at  the  time  they  were  granted,  subject  at  all  times  tocanceUa- 


PHILIPPINE  ISLANDS  MI  NINO  ACT^  PP.  105;3-10f)7. 


1005 


tion  by  reason  of  iUe^ality  in  IJk^  prooeduro  by  which  they  were 
obtained,  or  for  I'aihire  to  comply  with  the  conditions  prescribed  as 
requisite  to  their  retention  in  the  laws  under  wliich  they  were  granted: 
Provided,  That  the  owner  or  ownere  ot  every  such  concession  shall 
cause  the  corners  made  by  its  boundaries  to  be  distinctly  marked 
with  permanent  monuments  within  six  months  after  this  act  has 
been  promulgated  in  the  Philippine  Islands,  and  that  any  concessions 
the  boundaries  of  which  are  not  so  marked  within  this  period  shall  be 
free  and  open  to  explorations  and  purchase  under  the  provisions  of 
this  act. 

Sec.  61.  That  mining  rights  on  public  lands  in  the  Philippine 
Islands  shall,  after  the  passage  of  this  act,  be  acquired  only  in  accord- 
ance with  its  provisions. 

Sec.  62.  That  all  proceedings  for  the  cancellation  of  perfected 
Spanish  concessions  shall  be  conducted  in  the  courts  of  the  Pnilippine 
Islands  having  jurisdiction  of  the  subject  matter  and  of  the  parties, 
unless  the  United  States  Philippine  Commission,  or  its  successors, 
shall  create  special  tribunals  for  the  determination  of  such  contro- 
versies. 

^  *!»  jjc  5jc  ^  5jc  jjj 

Sec.  64.  That  the  powers  hereinbefore  conferred  in  section  63 
may  also  be  exercised  in  respect  of  any  lands,  easements,  appurte- 
nances, and  hereditaments  which,  on  the  13th  of  August,  1898,  were 
owned  or  held  by  associations,  corporations,  communities,  religious 
orders,  or  private  individuals  in  such  large  tracts  or  parcels  and  in 
such  manner  as  in  the  opinion  of  the  commission  injuriously  to  affect 
the  peace  and  welfare  of  the  people  of  the  Philippine  Islands.  And 
for  the  purpose  of  providing  funds  to  acquire  the  lands  mentioned 
in  this  section  said  government  of  the  Philippine  Islands  is  hereby 
empowered  to  incur  indebtedness,  to  borrow  money,  and  to  issue, 
and  to  sell  at  not  less  than  par  value,  in  gold  coin  of  the  United  States 
of  the  present  standard  value  or  the  equivalent  in  value  in  money 
of  said  islands,  upon  such  terms  and  conditions  as  it  may  deem  best, 
registered  or  coupon  bonds  of  said  government  for  such  amount  as 
may  be  necessary,  said  bonds  to  be  in  denominations  of  $50  or  any 
multiple  thereof,  bearing  interest  at  a  rate  not  exceeding  4 J  per 
centum  per  amium,  payable  quarterly,  and  to  be  payable  at  the 
pleasure  of  said  government  after  dates  named  in  said  bonds  not  less 
than  5  nor  more  than  30  years  from  the  date  of  their  issue,  together 
with  interest  thereon,  in  gold  coin  of  the  United  States  of  the  present 
standard  value  or  the  equivalent  in  value  in  money  of  said  islands; 
and  said  bonds  shall  be  exempt  from  the  payment  of  all  taxes  or 
duties  of  said  government,  or  any  local  authority  therein,  or  of  the 
Government  of  the  United  States,  as  well  as  from  taxation  in  any 
form  by  or  under  State,  municipal,  or  local  authority  in  the  United 
States  or  the  Philippine  Islands.  The  moneys  which  may  be  realized 
or  received  from  the  issue  and  sale  of  said  bonds  shall  be  applied  by 
the  government  of  the  Philippine  Islands  to  the  acquisition  of  the 
property  authorized  by  this  section,  and  to  no  other  purposes. 

Sec.  65.  That  all  lands  acquired  by  virtue  of  the  preceding  section 
shall  constitute  a  part  and  portion  oi  the  public  property  of  the  gov- 
ernment of  the  Philippine  Islands,  and  may  be  held,  sold,  and  con- 
veyed, cr  leased  temporarily  for  a  period  not  exceeding  three  years 

56974°— Bull.  94,  pt  2—15  16 


1066  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

after  their  acquisition  by  said  government  on  such  terms  and  con- 
ditions as  it  may  prescribe,  subject  to  the  limitations  and  conditions 
provided  for  in  this  act:  Provided,  That  all  deferred  payments  and 
the  interest  thereon  shall  be  payable  in  the  money  prescribed  for 
the  payment  of  principal  and  interest  of  the  bonds  authorized  to  be 
issued  in  payment  of  said  lands  by  the  preceding  section  and  said 
deferred  payments  shall  bear  interest  at  the  rate  borne  by  the  bonds. 
All  moneys  realized  or  received  from  sales  or  other  disposition  of 
said  lands  or  by  reason  thereof  shall  constitute  a  trust  fund  for  the 
payment  of  principal  and  interest  of  said  bonds,  and  also  constitute 
a  sinking  fund  for  the  payment  of  said  bonds  at  their  maturity.  Actual 
settlers  and  occupants  at  the  time  said  lands  are  acquired  by  the 
government  shall  have  the  preference  over  all  others  to  lease,  pur- 
chase, or  acquire  their  holdings  within  such  reasonable  time  as  may 
be  determined  by  said  government. 

******* 
Sec.  75.  That  no  corporation  shall  be  authorized  to  conduct  the 
business  of  buying  and  selling  real  estate  or  be  permitted  to  hold  or 
own  real  estate  except  such  as  may  be  reasonably  necessary  to  enable 
it  to  carry  out  the  purposes  for  which  it  is  created,  and  every  corpora- 
tion authorized  to  engage  in  agriculture  shall  by  its  charter  be  re- 
stricted to  the  ownership  and  control  of  not  to  exceed  1,024  hectares 
of  land;  and  it  shall  be  unlaAvful  for  any  member  of  a  corporation 
engaged  in  agriculture  or  niining  and  for  any  corporation  organized 
for  any  purpose  except  irrigation  to  be  in  any  wise  interested  in  any 
other  corporation  engaged  in  agriculture  or  in  mining.  Corporations, 
however,  may  loan  funds  upon  real-estate  security  and  purchase 
real  estate  when  necessary  for  the  collection  of  loans,  but  they  shall 
dispose  of  real  estate  so  obtained  within  five  years  after  receiving 
the  title.  Corporations  not  organized  in  the  Philippine  Islands, 
and  doing  business  therein,  shall  be  bound  by  the  provisions  of  this 
section  so  far  as  they  are  applicable. 

33  STAT.  689,  p.  692,  FEBRUARY  6,  1905. 

AMENDMENT. 

AN  ACT  To  amend  an  act  approved  July  1,  1902,  entitled  "An  act  temporarily  to 
provide  for  the  administration  of  the  affairs  of  civil  government  in  the  Philippine 
Islands,  etc." 

Be  it  enacted,  etc.,    *    *  * 

Sec.  9.  That  sections  22,  23,  24,  25,  29,  31,  36,  37,  39,  53,  and  58 
of  the  act  of  Congress  approved  July  1,  1902,  entitled  ''An  act  tempo- 
rarily to  provide  for  the  administration  of  the  affairs  of  civil  govern- 
ment in  the  Philippine  Islg^nds,  and  for  other  purposes,"  being  pro- 
visions of  said  act  respecting  mineral  lands,  are  hereby  amended  by 
reducing  all  measurements  therein,  whether  of  distance,  area  or 
value,  to  the  metric  system,  to  wit,  feet  to  meters,  acres  to  hectares, 
miles  to  kilometers,  and  also  dollars  to  pesos,  so  that  said  sections 
as  amended  shall  read  as  follows: 


Note. — The  changes  directed  by  this  amendment  are  made  in  the  original  sections. 


PHILIPPINE  ISLANDS  MINING  ACT^  PP.  1053-1067.  1067 

A.  NATIVE  OPERATION  OF  PHILIPPINE  LANDS  RESPECTED. 

B.  LIMITATIONS  OF  SECTION  22. 

C.  MINING  CLAIMS  LOCATED  ON  EXISTING  CLAIM  EFFECT. 

D.  OCCUPATION  OF  MINING  CLAIM  FOR  PERIOD  OF  STATUTE  OF 
LIMITATIONS. 

A.  NATIVE  OPERATION  OF  PHILIPPINE  LANDS  RESPECTED. 

Section  16,  together  with  section  45,  clearly  shows  that  it  was  the  intention  of  Con- 
gress to  respect  the  native  operation  of  the  public  lands. 
Reavis  v.  Franza,  215  U.  S.  16,  p.  25. 

Section  45  is  to  be  taken  to  refer  to  the  conditions  as  to  the  Philippine  Islands 
before  the  United  States  acquired  the  sovereignty  of  the  Philippines. 
Reavis  v.  Franza,  215,  U.  S.  16,  p.  22. 

B.  LIMITATIONS  OF  SECTION  22. 

The  limitation  of  section  22  applies  only  to  claims  located  after  the  passage  of  the 
act  and  can  not  govern  as  to  the  size  of  a  claim  previously  located  and  held. 
Reavis  v.  Franza,  215  U.  S.  16,  p.  23. 

C.  MINING  CLAIM  LOCATED  ON  EXISTING  CLAIM— EFFECT. 

A  valid  claim  can  not  be  located  under  section  28  where  the  ground  has  been  already 
occupied  as  a  mining  claim. 

Reavis  v.  Franza,  215  U.  S.  16,  p.  24. 

D.  OCCUPATION  OF  MINING  CLAIM  FOR  PERIOD  OF  STATUTE  OF 

LIMITATIONS. 

Section  45  applies  to  possession  maintained  for  a  sufficient  time  before  and  until 
the  statute  went  into  effect. 
Reavis  v.  Franza,  215  U.  S.  16,  p.  22. 

When  a  person  or  his  grantors  have  held  and  worked  a  claim  for  a  period  equal  to 
the  time  prescribed  by  the  statute  of  limitations  of  the  Philippine  Islands,  proof  of 
such  possession  and  working  gives  a  right  to  a  patent  in  absence  of  any  adverse  claim. 

Reavis  v.  Franza,  215  U.  S.  16,  p.  22. 

34  STAT.  23,  FEBRUARY  26,  1906. 

COAL  CLAIMS— PURCHASE. 

AN  ACT  To  provide  for  the  purchase  of  certain  coal  claims  in  the  Island  of  Batan 

in  the  Philippine  Islands. 

Be  it  enacted,  etc.,  That  the  Secretary  of  War  be,  and  he  is  hereby, 
authorized  to  purchase  the  coal  claims  owned  by  Messrs.  Munoz 
&  Villanueva,  lying  on  the  Island  of  Batan,  Philippine  Islands, 
and  upon  which  the  War  Department  now  holds  an  option;  and  to 
provide  for  the  purchase  of  said  claims  the  sum  of  $50,000  is  hereby 
appropriated  out  of  any  money  in  the  Treasury  not  otherwise  ap- 
propriated; and  the  above  sum  is  made  immediately  available  in 
order  that  the  purchase  may  be  made  before  the  said  option  expires, 
to  wit,  March  1,  1906. 


PIPE  LINES— REGULATIONS— RIGHT  OF  WAY. 


See  Right  of  way,  p.  1188;  Sherman  Anti-Trust  Act,  p.  1235. 

25  STAT.  438,  AUGUST  13,  1888. 

OIL,  GAS,  AND  SALT  WATER. 

AN  ACT  To  authorize  the  Kentucky  Rock  Gas  Co.  to  lay  pipes  across  the  Ohio  and 

Salt  Rivers. 

Be  it  enacted,  etc.,  That  the  assent  of  Congress  is  hereby  given  to 
the  Kentucky  Rock  Gas  Co.  to  lay  pipes  for  conducting  natural 
gas,  petroleum,  or  salt  water  across  the  Ohio  River  and  Salt  River, 
at  such  points  as  may  be  deemed  necessary,  between  the  lower 
boundary  of  Bradenburgh,  in  Meade  County,  Ky.,  and  the  upper 
boundary  of  Louisville,  in  Jefferson  County,  Ky. :  Provided,  That 
said  pipes  be  laid  upon  or  beneath  the  bed  of  the  river  and  in  such 
manner  as  not  to  interfere  with  navigation,  and  under  the  supervis- 
ion of  the  Secretary  of  War. 

29  STAT.  127,  2  SUPP.  R.  S.  472,  MAY  21,  1896. 

RIGHT  OF  WAY— COLORADO  AND  WYOMING. 

AN  ACT  To  grant  right  of  way  over  the  public  domain  for  pipe  lines  in  the  States  of 

Colorado  and  Wyoming. 

Be  it  enacted,  etc..  That  the  right  of  way  through  the  public  lands 
of  the  United  States  situate  in  the  State  of  Colorado  and  in  the  State 
of  Wyoming  outside  of  the  boundary  lines  of  the  Yellowstone  National 
Park  is  hereby  granted  to  any  pipe  line  company  or  corporation 
formed  for  the  purpose  of  transporting  oils,  crude  or  refined,  which 
shall  have  filed  or  may  hereafter  file  with  the  Secretary  of  the  Interior 
a  copy  of  its  articles  of  incorporation,  and  due  proofs  of  its  organiza- 
tion under  the  same,  to  the  extent  of  the  ground  occupied  by  said 
pipe  line  and  25  feet  on  each  side  of  the  center  line  of  the  same ;  also 
the  right  to  take  from  the  public  lands  adjacent  to  the  line  of  said 
pipe  line  material,  earth,  and  stone  necessary  for  the  construction  of 
said  pipe  line. 

Sec.  2.  That  any  company  or  corporation  desiring  to  secure  the 
benefits  of  this  act  shall,  within  12  months  after  the  location  of  10 
miles  of  the  pipe  line,  if  the  same  be  upon  surveyed  lands  and  if  the 
same  be  upon  unsurveyed  lands,  within  12  months  after  the  survey 
thereof  by  the  United  States,  file  with  the  register  of  the  land  office 
for  the  district  where  such  land  is  located  a  map  of  its  line,  and  upon 
the  approval  thereof  by  the  Secretary  of  the  Interior  the  same  shall  be 
noted  upon  the  plats  in  said  office,  and  thereafter  all  such  lands  over 
which  such  right  of  way  shall  pass  shall  be  disposed  of  subject  to  such 
right  of  way. 

Sec.  3.  That  if  any  section  of  said  pipe  line  shall  not  be  completed 
within  five  years  after  the  location  of  said  section  the  right  herein 

1068 


PIPE  LINES,  PP.  1068-1073. 


1009 


granted  shall  be  forfeited,  as  to  any  incomplet(^  section  of  snid  ])ii)e 
fine,  to  the  extent  that  the  same  is  not  completed  at  the  date  of 
forfeiture. 

Sec.  4.  That  nothing  in  this  act  shall  authorize  the  use  of  such 
right  of  way  except  for  the  pipe  line,  and  then  only  so  far  as  may 
be  necessary  for  its  construction,  maintenance,  and  care. 

33  STAT.  65,  MARCH  11.  1904. 

RIGHT  OF  WAY— GRANT  BY  SECRETARY. 

AN  ACT  Authorizing  the  Secretary  of  the  Interior  to  grant  right  of  way  for  pipe  lines 

through  Indian  lands. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  is  hereby 
authorized  and  empowered  to  grant  a  right  of  way  in  the  nature  of 
an  easement  for  the  construction,  operation,  and  maintenance  of 
pipe  lines  for  the  conveyance  of  oil  and  gas  through  any  Indian 
Reservation,  through  any  lands  held  by  an  Indian  tribe  or  nation 
in  the  Indian  Territory,  through  any  lands  reserved  for  an  Indian 
agency  or  Indian  school,  or  lor  other  purpose  in  connection  with  the 
Indian  Service,  or  through  any  lands  which  have  been  allotted  in 
severalty  to  any  individual  Indian  under  any  law  or  treaty,  but  which 
have  not  been  conveyed  to  the  allottee  with  full  power  of  alienation, 
upon  the  terms  and  conditions  herein  expressed.  No  such  lines 
shall  be  constructed  across  Indian  lands,  as  above  mentioned  until 
authority  therefor  has  first  been  obtained  from,  and  the  maps  of 
definite  location  of  said  lines  approved  by  the  Secretary  of  the 
Interior:  Provided,  That  the  construction  of  lateral  lines  from  the 
main  pipe  line  establishing  connection  with  oil  and  gas  wells  on  the 
individual  allotments  of  citizens  may  be  constructed  without  securing 
authority  from  the  Secretary  of  the  Interior  and  without  filing  maps 
of  definite  location,  when  the  consent  of  the  allottee  upon  whose 
lands  oil  or  gas  wells  may  be  located  and  of  all  other  allottees  through 
whose  lands  said  lateral  pipe  lines  may  pass  has  been  obtained  by  the 
pipe  line  company:  Provided  further,  That  in  case  it  is  desired  to 
run  a  pipe  line  under  the  line  of  any  railroad,  and  satisfactory  arrange- 
ments can  not  be  made  with  the  railroad  company,  then  the  question 
shall  be  referred  to  the  Secretary  of  the  Interior,  who  shall  prescribe 
the  terms  and  conditions  under  which  the  pipe  line  company  shall 
be  permitted  to  lay  its  lines  under  said  railroad.  The  compensation 
to  be  paid  the  tribes  in  their  tribal  capacity  and  the  individual  allot- 
tees for  such  right  of  way  through  their  lands  shall  be  determined 
in  such  manner  as  the  Secretary  of  the  Interior  may  direct  and  shall 
be  subject  to  his  final  approval.  And  where  such  lines  are  not 
subject  to  state  or  territorial  taxation  the  company  or  owner  of  the 
line  shall  pay  to  the  Secretary  of  the  Interior,  for  the  use  and  benefit 
of  the  Indians,  such  annual  tax  as  he  may  designate,  not  exceeding 
$5  for  each  10  miles  of  line  so  constructed  and  maintained  under 
such  rules  and  regulations  as  said  Secretary  may  prescribe.  But 
nothing  herein  contained  shall  be  so  construed  as  to  exempt  the  owners 
of  such  lines  from  the  payment  of  any  tax  that  may  be  lawfully 
assessed  against  them  by  either  State,  Territorial,  or  municipal 
authority.  And  incorporated  cities  and  towns  into  and  through 
which  such  pipe  lines  may  be  constructed  shall  have  the  power  to 
regulate  the  manner  of  construction  therein,  and  nothing  herein 


1070  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


contained  shall  be  so  construed  as  to  deny  the  right  of  municipal 
taxation  in  such  towns  and  cities,  and  nothing  herein  shall  authorize 
the  use  of  such  right  of  way  except  for  pipe  line,  and  then  only  so 
far  as  may  be  necessary  for  its  construction,  maintenance  and  care: 
Provided,  That  the  rights  herein  granted  shall  not  extend  beyond  a 
period  of  20  years:  Provided  further,  That  the  Secretary  of  the 
interior,  at  the  expiration  of  said  20  years  may  extend  the  right  to 
maintain  any  pipe  line  constructed  under  this  act  for  another  period 
not  to  exceed  20  years  from  the  expiration  of  the  first  right,  upon 
such  terms  and  conditions  as  he  may  deem  proper. 

A.  CONGRESS  MAY  EMPOWER  THE  SECRETARY  TO  GRANT  RIGHT 
OF  WAY  FOR  PIPE  LINES. 

Congress  has  power  to  enact  a  law  conferring  upon  the  Secretary  of  the  Interior 
authority  to  grant  the  right  of  way  in  the  nature  of  an  easement  for  the  construction, 
operation,  and  maintenance  of  pipe  lines  for  the  conveyance  of  oil  and  gas  through 
allotments  of  minor  Creek  Indians  upon  such  terms  and  upon  such  compensation 
as  may  be  fixed. 

Texas  Co.  v.  Henry,  34  Okla.  342,  p.  343. 

34  STAT.  584,  JUNE  29,  1906. 

OIL  AND  GAS  LINES— REGULATIONS. 

AN  ACT  To  amend  an  act  entitled  "An  act  to  regulate  commerce,"  approved  Febru- 
ary 4,  1887,  and  all  acts  amendatory  thereof,  and  to  enlarge  the  powers  of  the  Inter- 
state Commerce  Commission. 

Be  it  enacted,  etc.,  That  section  1  of  an  act  entitled  ''An  act  to 
regulate  commerce,"  approved  February  4,  1887  (24  Stat.  379), 
be  amended  so  as  to  read  as  follows: 

Section  1.  That  the  provisions  of  this  act  shall  apply  to  any  cor- 
poration or  any  person  or  persons  engaged  in  the  transportation  of  oil 
or  other  commodity,  except  water  and  except  natural  or  artificial 
gas,  by  means  of  pipe  Hues  and  partly  by  water,  who  shall  be  con- 
sidered and  held  to  be  common  carriers  within  the  meaning  and  pur- 
pose of  this  act,'^    *    *  * 

See  26  Stat.  209,  p.  1235;  31  Stat.  494,  p.  522,  p.  903. 

A.  PIPE-LINE  ACT. 

1.  Purpose  of  act. 

2.  Construction  and  application  of  amendment. 

3.  Transportation  of  oil — Interstate  commerce. 

4.  Pipe-line   owners  as   common   carriers — Validity  of 

amendment. 

5.  Ownership  of  pipe  lines — Nature  and  rights. 

6.  Private  pipe-line  owners  unaffected. 

1.  purpose  of  act. 

This  amendatory  act  was  intended  to  reach  a  combination  of  pipe  lines  whereby 
the  Standard  Oil  Co.  owned  the  stock  of  the  New  York  Transit  Co.,  the  National 
Transit  Co.,  and  nearly  all  of  the  stock  of  the  Ohio  Oil  Co.,  the  Prairie  Oil  &  Gas  Co., 


PIPE  LINES,  PP.  1068-1073.  1071 


and  was  largely  interested  in  the  Tide  Water  Pipe  Co.,  thereby  making  itself  master 
of  the  only  practicable  oil  transportation  between  the  oil  fields  east  of  California  and 
the  Atlantic  Ocean,  and  by  reason  of  which  it  was  able  to  and  did  carry  much  the 
greater  part  of  the  oil  between  these  points. 
United  States  v.  Ohio  Oil  Co.,  234  U.S.  548. 

2.  CONSTRUCTION  AND  APPLICATION  OF  AMENDMENT. 

The  words  of  this  amendatory  act  in  reference  to  persons  and  corporations  "who 
shall  be  considered  and  held  to  be  common  carriers  within  the  meaning  and  purpose 
of  this  act"  are  not  intended  to  cut  down  the  generality  of  the  previous  declpration 
to  the  meaning  that  only  those  shall  be  held  common  carriers  within  the  act  who 
were  common  carriers  in  a  technical  sense,  but  the  words  amount  to  a  declaration 
that  the  persons  or  corporations  in  control  of  pipe  lines  and  engaged  in  the  transporta- 
tion of  oil  shall  be  dealt  with  as  such. 

United  States  v.  Ohio  Oil  Co.,  234  U.  S.  548. 

The  provisions  of  this  amendatory  act  apply  to  any  person  engaged  in  the  trans- 
portation of  oil  by  means  of  pipe  lines. 
United  States  v.  Ohio  Oil  Co.,  234  U.  S.  548. 

3.  TRANSPORTATION  OF  OIL  INTERSTATE  COMMERCE. 

The  transportation  of  oil  through  pipe  lines  by  the  Standard  Oil  Co.  and  the  com- 
panies controlled  by  it  and  its  various  subsidiaries  is  commerce  among  the  states; 
and  the  fact  that  the  oil  transported  belonged  to  the  owner  of  the  pipe  line  is  not  con- 
clusive against  the  transportation  being  such  commerce. 

United  States  v.  Ohio  Oil  Co.  234  U.  S.  548. 

4.  PIPE-LINE  OWNERS   AS   COMMON   CARRIERS — VALIDITY  OF  AMEND- 
MENT. 

The  effect  of  this  amendment  is  to  change  the  nature  and  quality  of  business  of  pipe- 
line owners  from  private  to  public,  by  requiring  them  to  share  with  others  the  facili- 
ties that  they  have  provided  for  themselves  alone  and  to  employ  all  such  facilities  in 
the  service  of  the  public;  and  this  must  be  held  something  essentially  different  from 
and  quite  beyond  the  power  delegated  to  Congress  to  regulate  commerce  between  the 
States,  and  a  law  that  in  intention  and  result  deprives  the  owners  of  private  property 
of  its  exclusive  enjoyment  and  compels  the  devotion  of  such  property  to  public  use 
is  invalid,  and  in  contravention  of  the  fifth  amendment  to  the  Constitution. 

Prairie  Oil  &  Gas  Co.  v.  United  States,  204  Fed.  798,  p.  809. 

Congress  intended  by  this  amendment  to  make  common  carriers  of  the  owners  of 
private  pipe  lines,  who  were  not  common  carriers,  and  who  used  the  respective  pipe 
lines  solely  for  the  transportation  of  their  own  oil  in  carrying  on  their  private  business, 
and  make  such  owners  subject  to  the  provisions  of  the  original  act,  and  the  amend- 
ment as  applied  to  such  private  owners  is  held  to  be  void  for  the  reason  that  it  deprived 
them  of  their  property  without  due  process  of  law,  by  depriving  them  of  the  benefi- 
cial use  and  enjoyment  of  their  property. 

Prairie  Oil  &  Gas  Co.  v.  United  States,  204  Fed.  798,  p.  806. 
United  States  v.  Ohio  Oil  Co.,  234  Sup.  Ct.  548. 

This  amendatory  act  is  a  valid  exercise  of  constitutional  power,  without  doubt,  as 
applied  to  future  pipe  lines,  and  prescribes  the  conditions  upon  which  they  may  be 
used ;  and  it  seems  equally  clear  that  it  is  constitutional  as  to  existing  pipe  lines  that 
are  common  carriers  now  in  everything  but  form,  where  they  carry  everybody's  oil 


1072  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


to  market,  although  they  compel  outsiders  to  sell  to  them  before  taking  it  into  their 
pipes;  and  as  applied  to  present  operators  and  pipe  lines  the  statute  practically  means 
no  more  than  that  they  must  give  up  requiring  a  sale  to  themselves  before  carrying 
the  oil  that  they  now  receive. 
United  States  v.  Ohio  Oil  Co.,  234  U.  S.  548. 

The  force  of  this  amendatory  act  is  not  such  that  it  compels  the  owners  of  pipe  lines 
to  continue  in  operation,  but  it  does  require  them  not  to  continue  except  as  common 
carriers,  and  its  purpose  was  to  bring  within  its  scope  pipe  lines  that,  although  not 
technically  common  carriers,  were  carrying  oil  offered  for  transportation  if  the  offerers 
would  sell  their  oil  at  prices  named  by  the  combination. 

United  States  v.  Ohio  Oil  Co.,  234  U.  S.  548. 

5.  OWNERSHIP  OF  PIPE  LINES — NATURE  AND  RIGHTS. 
See  33  Stat.  65,  p.  1069. 

The  fact  that  the  ownership  and  possession  of  a  pipe  line  enables  its  owner  to  trans- 
port his  oil  to  a  refinery  or  other  market  at  small  cost  compared  with  other  means  of 
conveyance,  and  that  other  producers  find  it  to  their  interest  to  sell  the  output  of  their 
wells  to  the  owners  of  the  pipe  line,  and  conceding  that  the  pipe  line  gives  its  owner 
such  command  that  he  is  able  to  control  or  even  fix  the  selling  price  of  crude  oil  in  a 
particular  field  or  territory,  does  not  imply  that  other  producers  are  deprived  of  any- 
thing which  rightfully  belongs  to  them  because  they  did  not  or  can  not  provide  them- 
selves with  the  same  means  of  reaching  the  market. 

Prairie  Oil  &  Gas  Co.  v.  United  States,  204  Fed.  798,  p.  816. 

The  necessary  or  natural  operation  of  the  intent  and  meaning  of  this  statute  impairs 
and  measureably  destroys  rights  of  ownership  and  use  which  the  Constitution  protects 
from  invasion  and  accomplishes  inevitably  a  taking  of  property  within  the  meaning 
and  intent  of  the  fifth  amendment  to  the  Constitution. 

Prairie  Oil  &  Gas  Co.  v.  United  States,  204  Fed.  798,  p.  817. 

6.  PRIVATE  PIPE-LINE  OWNERS  UNAFFECTED. 

The  effect  of  this  amendment  is  to  compel  the  owner  of  a  private  pipe  line,  built 
upon  private  right  of  way  and  used  solely  for  the  transportation  of  his  own  oil  to  open 
and  extend  its  use  to  whomsoever  may  desire  its  enjoyment,  no  matter  with  what 
resulting  inconvenience  and  injury  to  himself. 

Prairie  Oil  &  Gas  Co.  v.  United  States,  204  Fed.  798,  p.  807. 

Congress  has  no  power  to  compel  a  private  pipe-line  owner  to  become  a  common 
carrier  of  oil  merely  because  his  pipe  line  crosses  or  is  laid  along  public  highways. 
Prairie  Oil  &  Gas  Co.  v.  United  States,  204  Fed.  798,  p.  819. 

Private  pipe  lines  separately  owned  by  dealers  in  oil  or  refiners,  and  used  by  them 
in  the  private  business  in  which  each  is  separately  engaged,  can  not  be  termed  a 
monopoly  for  the  purpose  of  upholding  the  validity  of  this  amendment. 

Prairie  Oil  &  Gas  Co.  v.  United  States,  204  Fed.  798,  p.  815. 

The  fact  that  pipe-line  companies  organized  as  common  carriers  in  the  State  of  their 
incorporation  does  not  make  them  common  carriers  of  oil  in  other  States,  where  in 
such  States  the  lines  were  laid  and  operated  on  private  rights  of  way,  and  where  the 
laws  of  such  State  did  not  require  them  to  transport  oil  as  common  carriers. 

Prairie  Oil  &  Gas  Co.  v.  United  States,  204  Fed.  798,  p.  820. 

An  oil  company  operating  a  refinery  in  one  State  and  oil  wells  in  an  adjoining  State, 
with  a  pipe  line  connecting  the  two,  and  using  such  pipe  line  for  the  sole  purpose  of 


PIPE  LINES,  PP.  1068-1073. 


1078 


conductinj^  oil  from  its  own  wells  to  its  own  refinery,  is  not  engaged  in  t1ie  tran,s])orta- 
tion  of  oil  within  the  meaning  of  this  amendatory  act,  and  is  not  a  common  carrier 
witMn  the  meaning  of  the  provisions  of  the  act. 
United  States  v.  Ohio  Oil  Co.,  234  U.  S.  548. 

36  STAT.  296,  APRIL  12,  1910. 

RIGHT  OF  WAY— OIL  AND  GAS— ARKANSAS. 

AN  ACT  To  grant  right  of  way  over  the  public  domain  in  the  State  of  Arkansas  for 

oil  or  gas  pipe  lines. 

Be  it  enacted,  etc.,  That  a  right  of  way  through  the  public  lands 
of  the  United  States  in  the  State  of  Arkansas  is  hereby  granted  for 
pipe-line  purposes  to  any  citizen  of  the  United  States  or  any  com- 
pany or  corporation  authorized  by  its  charter  to  transport  oil,  crude 
or  refined,  or  natural  gas  which  shall  have  filed  or  may  hereafter  file 
with  the  Secretary  of  the  Interior  a  copy  of  its  articles  of  incorpora- 
tion, and  due  proof  of  organization  under  the  same,  to  the  extent  of 
the  ground  occupied  by  the  said  pipe  line  and  10  feet  on  each  side 
of  the  center  line  of  same. 

Sec.  2.  That  any  citizen  of  the  United  States,  company,  or  cor- 
poration desiring  to  secure  the  benefits  of  this  act  shall  within  12 
months  after  the  location  of  10  miles  of  the  pipe  line,  if  the  same  be 
upon  surveyed  land,  and  if  the  same  be  upon  unsurveyed  lands 
within  12  months  after  the  survey  thereof  by  the  United  States,  file 
with  the  register  of  the  land  office  for  the  district  where  such  land  is 
located  a  map  of  its  lines,  and  upon  the  approval  thereof  by  the  Sec- 
retary of  the  Interior,  the  same  shall  be  noted  upon  the  plats  in  said 
office,  and  thereafter  all  such  land  over  which  such  line  shall  pass 
shall  be  disposed  of  subject  to  such  right  of  way. 

Sec.  3.  That  nothing  in  this  act  shall  authorize  the  use  of  such 
right  of  way  except  for  the  pipe  line,  and  then  only  so  far  as  may  be 
necessary  for  its  construction,  maintenance,  and  care. 

Sec.  4.  That  if  any  section  of  said  pipe  line  shall  not  be  completed 
within  one  year  after  the  approval  by  the  Secretary  of  the  Interior  of 
said  section,  or  if  any  section  of  said  pipe  fine  shall  be  abandoned  or 
shall  not  be  used  for  a  period  of  two  years,  the  right  of  way  herein 
granted  as  to  any  uncompleted,  abandoned,  or  unused  section  of  said 
pipe  line  shall  be  forfeited  to  the  extent  that  the  same  is  not  com- 
pleted or  is  abandoned  or  unused  at  the  date  of  the  forfeiture,  without 
further  action  or  declaration  on  the  part  of  the  Government  or  any 
proceedings  or  judgment  of  any  court. 

Sec.  5.  That  if  any  citizen,  company,  or  corporation  taking  ad- 
vantage of  the  benefits  of  this  act  shall  violate  the  act  of  July  2, 
1890,  entitled  '^An  act  to  protect  trade  and  commerce  against 
unlawful  restraints  and  monopolies"  (commonly  known  as  the  Sher- 
man antitrust  act),  or  any  amendment  thereof,  the  right  of  way 
herein  granted  shall  be  forfeited  without  further  action  or  declara- 
tion on  the  part  of  the  Government  or  any  proceedings  or  judgment 
of  any  court. 


PRIVATE  LAND  CLAIMS. 


9  STAT.  631,  MARCH  3,  1851. 

CALIFORNIA— COMMISSION  TO  SETTLE. 
AN  ACT  To  ascertain  and  settle  the  private  land  claims  in  the  State  of  California. 

Be  it  enacted,  etc.,  That  for  the  purpose  of  ascertaining  and 
setthng  private  land  claims  in  the  State  of  California,  a  commission 
shall  be,  and  is  hereby,  constituted,  which  shall  consist  of  three 
commissioners,  to  be  appointed  by  the  President  of  the  United  States, 
by  and  with  the  advice  and  consent  of  the  Senate,  which  commission 
shall  continue  for  three  years  from  the  date  of  this  act,  unless  sooner 
discontinued  by  the  President  of  the  United  States.    *    *  * 

Sec.  8.  And  be  it  further  enacted.  That  each  and  every  person 
claiming  lands  in  California  by  virtue  of  any  right  or  title  derived 
from  the  Spanish  or  Mexican  Government,  shall  present  the  same 
to  the  said  commissioners  when  sitting  as  a  board,  together  with 
such  documentary  evidence  and  testimony  of  witnesses  as  the  said 
claimant  relies  upon  in  support  of  such  claims;  and  it  shall  be  the 
duty  of  the  commissioners,  when  the  case  is  ready  for  hearing,  to 
proceed  promptly  to  examine  the  same  upon  such  evidence,  and  upon 
the  evidence  produced  in  behaK  of  the  United  States,  and  to  decide 
upon  the  validity  of  the  said  claim,  and,  within  30  days  after  such 
decision  is  rendered,  to  certify  the  same,  with  the  reasons  on  which 
it  is  founded,  to  the  district  attorney  of  the  United  States  in  and  for 
the  district  in  which  such  decision  shall  be  rendered. 

Sec.  13.  And  be  it  further  enacted,  That  all  lands,  the  claims  to 
which  have  been  finally  rejected  by  the  commissioners  in  manner 
herein  provided,  or  which  shall  be  finally  decided  to  be  invalid  by  the 
district  or  Supreme  Court,  and  all  lands  the  claim  to  which  shall  not 
have  been  presented  to  the  said  commissioners  within  two  years 
after  the  date  of  this  act,  shall  be  deemed,  held,  and  considered  as 
part  of  the  pubhc  domain  of  the  United  States;  and  for  all  claims 
finally  confirmed  by  the  said  commissioners,  or  by  the  said  district 
or  Supreme  Court,  a  patent  shall  issue  to  the  claimant  upon  his  pre- 
senting to  the  General  Land  Ofiice  an  authentic  certificate  of  such  con- 
firmation, and  a  plat  or  survey  of  the  said  land,  duly  certified  and 
approved  by  the  surveyor  general  of  California,  whose  duty  it  shall 
be  to  cause  all  private  claims  which  shall  be  finally  confirmed  to  be 
accurately  surveyed,  and  to  furnish  plats  of  the  same.    *    *  * 

Sec.  14.  And  be  it  further  enacted,  That  the  provisions  of  this  act 
shall  not  extend  to  any  town  lot,  farm  lot,  or  pasture  lot,  held  under 
a  grant  from  any  corporation  or  town  to  which  lands  may  have  been 

1074 


PRIVATE  LAND  CLAIMS,  PP.  1074-1079. 


1075 


granted  for  the  estiiblisliiueiit  of  a  town  by  the  Spnnisli  or  Mexican 
Government,  or  the  lawful  authorities  thereof,  nor  to  any  city,  or 
town,  or  village  lot,  which  city,  town,  or  village  existed  on  the  7th 
day  of  July,  1846;  but  the  claim  for  the  same  shall  bo  presented  by 
the  corporate  authorities  of  the  said  town,  or  where  the  land  on 
which  the  said  city,  town,  or  village  was  originally  granted  to  an 
individual,  the  claim  shall  be  presented  by  or  in  the  name  of  such 
individual,  and  the  fact  of  the  existence  of  the  said  city,  town,  or 
village  on  the  said  7th  July,  1846,  being  duly  proved,  shall  be  prima 
facie  evidence  of  a  grant  to  such  corporation  or  to  the  individual 
under  whom  the  said  lotholders  claim;  and  where  any  city,  town,  or 
village  shall  be  in  existence  at  the  time  of  passing  this  act,  the  claim 
for  the  land  embraced  within  the  limits  of  the  same  may  be  made  by 
the  corporate  authorit}^  of  the  said  city,  town,  or  village.    *    *  * 

A.  PURPOSE  OF  ACT. 

B.  MINERALS  PASSED  TO  UNITED  STATES. 

A.  PURPOSE  OF  ACT. 

The  object  of  this  act  is  to  ascertain  and  settle  or  establish  private  land  claims  in 
California,  and  it  does  nor  restrict  the  operation  of  patents  issued,  and  such  a  patent 
passes  to  the  patentee  all  interest  of  the  United  States  and  invests  the  patentee  with 
the  ownership  of  the  precious  metals  which  the  land  may  contain. 

Moore  v.  Smaw,  17  Cal.  199,  p.  223. 

B.  MINERALS  PASSED  TO  UNITED  STATES. 

The  gold  and  silver  which  passed  by  the  cession  from  Mexico  were  not  held  by  the 
United  States  in  trust  for  the  future  State  and  the  ownership  of  them  is  not  an  incident 
of  any  right  of  sovereignty,  and  such  minerals  were  held  by  tlie  United  States  in  the 
same  manner  as  they  held  any  other  public  property  which  they  acquired  from  Mexico. 

Moore  v.  Smaw,  17  Cal.  199,  p.  223.  . 

12  STAT.  71,  JUNE  21,  1860. 

NEW  MEXICO— CONFIRMATION  OF  PRIVATE  CLAIMS. 
AN  ACT  To  confirm  certain  private  land  claims  in  the  Territory  of  New  Mexico. 

Be  it  enacted,  etc.,  That  the  private  land  claims  in  the  Territory 
of  New  Mexico,  as  recommended  for  confirmation  by  the  surveyor 
general  of  that  Territory,  and  in  his  letter  to  the  Commissioner  of 
the  General  Land  Office,  of  the  12th  of  January,  1858,  designated  as 
Nos.  1,  3,  4,  6,  8,  9,  10,  12,  14,  15,  16,  17,  and  18,  and  the  claim 
of  E.  W.  Eaton,  not  entered  on  the  corrected  list  of  numbers,  but 
standing  on  the  original  docket  and  abstract  returns  of  the  surveyor 
general  as  No.  16,  be,  and  they  are  hereby,  confirmed:    *    *  * 

Sec.  6.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the 
heirs  of  Luis  Maria  Baca,  who  make  claim  to  the  said  tract  of  land  as 
is  claimed  by  the  town  of  Las  Vegas,  to  select  instead  of  the  land 
claimed  by  them,  an  equal  quantity  of  vacant  land,  not  mineral,  in 
the  Territory  of  New  Mexico,  to  be  located  by  them  in  square  bodies, 
not  exceeding  five  in  number.    *    *  * 


1076  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


A.  PRIVATE  LAND  CLAIMS. 

B.  BACA  HEIRS. 

A.  PRIVATE  LAND  CLAIMS. 

1.  PURPOSE  AND  EXTENT  OF  GRANT — MINERAL  LANDS. 

By  this  act  Congress  confirmed  various  claims  amounting  to  millions  of  acres,  and 
without  any  reservation  of  mines  then  known,  or  to  be  thereafter  discovered  within 
their  limits,  though  under  Spanish,  if  not  under  Mexican  law,  all  minerals  were  per- 
petually reserved  from  such  grant. 

Shaw  V.  Kellogg,  170  U.  S.  312,  p.  334. 

By  this  statute  Congress  did  not  intend  to  grant  any  mines  or  mineral  lands,  or 
lands  then  known  to  contain  mineral,  neither  did  Congress  intend  that  the  grant 
should  be  rendered  nugatory  by  any  future  discovery  of  mineral. 

Shaw  V.  Kellogg,  170  U.  S.  312,  p.  332. 

B.  BACA  HEIRS. 

1.  Selection  of  nonmineral  lands. 

2.  Time  for  selecting  nonmineral  lands. 

3.  Nonmineral  character  of  lands  selected — Burden  of 

PROOF. 

4.  Known  mineral  lands  excluded. 

5.  Mineral  character  of  lands  once  determined — Effect. 

1.  selection  of  nonmineral  lands. 

The  Baca  heirs  under  this  grant  are  entitled  to  select  an  equal  quantity  of  vacant 
land  nonmineral;  and  lands  vacant  and  not  known  to  contain  mineral  at  the  time  of 
selection  pass  under  this  act,  whether  subsequently  discovered  to  be  mineral  or  not. 

Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550,  p.  564, 

See  Kern  Oil  Co.  v.  Clarke  (on  review),  31  L.  D.  288. 

The  grant  made  by  this  section  was  in  lieu  of  certain  specified  lands  claimed  by  the 
Baca  heirs,  and  they  were  authorized  to  select  in  lieu  thereof  an  equal  amount  of 
land  in  the  vicinity  of  Las  Vegas,  but  they  could  not  select  lands  already  occupied  by 
others,  but  the  lands  selected  must  be  vacant  and  they  must  not  be  known  to  contain 
mineral. 

Shaw  V.  Kellogg,  170  U.  S.  312,  p.  332. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  16. 

Baca  Float  No.  3,  29  L.  D.  44,  p.  52. 

Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550. 

Kern  Oil  Co.  v.  Clarke,  31  L.  D.  288,  p.  298. 

See  Gray  Eagle  Oil  Co.  v.  Clarke,  31  L.  D.  303. 

This  act  permitted  the  Baca  heirs  to  select  lands  in  lieu  of  those  claimed  by  the 
town  of  Las  Vegas,  but  such  selections  were  to  be  made  from  lands  not  mineral. 

Baca  Float  No.  Three,  In  re,  30  L.  D.  497,  p.  499. 
See  Baca  Float  No.  Three,  In  re,  29  L.  D.  44. 

A  location  and  selection  made  by  a  claimant  of  lands  known  to  be  mineral  may  be 
vacated,  and  the  right  to  select  other  land  in  lieu  thereof  will  be  barred  unless  made 
within  the  time  limited  by  the  act. 

Baca  Float,  In  re,  5  L.  D.  705,  p.  707. 


PRIVATE  LAND  CLAIMS,  PP.  1074-1071). 


1077 


2.  TIME  FOR  SELECTING  NONMINERAL  LANDS. 

The  right  to  select  iionmineral  lands  under  this  grant  is  limited  to  three  years,  and 
if  not  exercised  within  this  time  the  right  no  longer  exists, 

Shaw  V.  Kellogg,  170  U.  S.  312,  p.  332. 
Baca  Float  No.  3,  In  re,  29  L.  D.  44,  p.  50. 

Where  lands  selected  and  located  prior  to  June  21,  18G3,  that  were  not  mineral  or 
not  known  to  be  mineral  according  to  the  provisions  of  this  act,  the  department  has  no 
power  to  cancel  such  selection  and  permit  a  relocation  of  the  claim. 

Baca  Float,  In  re,  5  L.  D.  705,  p.  707. 

The  time  with  reference  to  which  the  character  of  the  land  selected,  whether  vacant 
and  nonmineral,  is  to  be  determined  is  the  date  of  the  selection  and  not  the  date  of 
the  approval  of  the  survey  of  the  claim;  and  the  duty  of  investigating  and  determining 
in  the  first  instance  whether  the  land  selected  is  vacant  and  nonmineral  as  of  that 
date  rests  upon  the  surveyor  general. 

Baca  Float  No.  Three,  In  re,  30  L.  D.  497,  p.  499. 

3.  NONMINERAL  CHARACTER  OF  LANDS  SELECTED  BURDEN  OF  PROOF. 

The  burden  of  proof  is  upon  a  claimant  under  this  grant  to  show  that  the  lands 
selected  or  located  are  nonmineral  lands,  as  no  title  to  mineral  lands  can  vest  under 
this  act,  and  the  department  may  at  any  time  before  title  passes  from  the  Government 
require  the  claimant  to  show  the  nonmineral  character  of  the  land,  though  the  char- 
acter of  the  land  was  not  known  to  the  claimant  at  the  date  of  selection  or  location, 
and  if  the  proof  shows  that  the  land  embraced  in  the  location  is  mineral,  the  mineral 
land  must  be  segregated  from  the  nonmineral  land  by  survey,  and  the  claimant  will 
be  entitled  to  such  part  of  the  location  as  is  shown  to  be  nonmineral. 

Baca  Float,  In  re,  12  L.  D.  676,  p.  680. 

Under  this  act  the  surveyor  general  was  authorized  to  locate  only  vacant,  nonmineral 
land,  and  unless  the  contrary  appeared  it  would  be  presumed  from  the  act  of  locating 
that  the  surveyor  general  determined  that  the  land  so  located  was  not  mineral,  and 
the  land  was  in  fact  so  returned  by  him,  but  the  act  did  not  intend  that  if  at  any 
subsequent  time  mineral  should  be  discovered  the  title  should  be  unsettled. 

Baca  Claim,  In  re,  6  C.  L,  0.  18. 

4.  KNOWN  MINERAL  LANDS  EXCLUDED. 

All  lands  ascertained  by  the  surveyor  general  to  have  been  occupied,  or  known  to 
be  mineral,  at  the  date  of  the  selection  under  this  grant,  must  be  excluded  from  the 
survey  as  not  subject  to  the  grant. 

Baca  Float  No.  3,  In  re,  29  L.  D.  44,  p.  54. 

5.  MINERAL  CHARACTER  OF  LANDS  ONCE  DETERMINED  EFFECT. 

The  question  as  to  the  mineral  or  nonmineral  character  of  the  land  in  controversy 
under  this  act  has  been  passed  upon  by  competent  authority  and  the  title  passed 
from  the  Government  and  vested  in  private  individuals,  and  the  Land  Department 
has  no  authority  to  reopen  the  question,  and  the  land  can  no  longer  be  regarded  as  a 
part  of  the  public  domain. 

Baca  Claim,  In  re,  6  C.  L.  O.  18. 


1078  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


12  STAT.  836,  APRIL  11,  1860. 

PORTERFIELD  HEIRS— LOCATION  OF  LANDS. 
AN  ACT  For  the  relief  of  the  legal  representatives  of  Charles  Porterfield,  deceased. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and  he  is 
hereby,  authorized  and  required  to  issue  to  *  *  *  executors 
of  the  last  will  and  testament  of  Kobert  Porterfield,  deceased,  a 
number  of  warrants  equal  to  6,133  acres  of  land,  according  to  the 
usual  subdivisions  of  the  public  survey,  in  quantities  not  less  than 
40  aores;  to  be  by  them  located  on  any  of  the  public  lands  which 
have  been  or  may  be  surveyed,  and  which  have  not  been  otherwise 
appropriated  at  the  time  of  such  location  within  any  of  the  States 
or  Territories  of  the  United  States  where  the  minimum  price  for  the 
same  shall  not  exceed  $1.25  per  acre.    *    *  * 

A.  PORTERFIELD  SCRIP— LOCATION. 

Porterfield  Scrip  can  not  be  located  on  mineral  lands. 
Porterfield  Scrip,  In  re,  3  C.  L.  0.  83. 

26  STAT.  854,  p.  860,  1  SUPP.  R.  S.  917,  p.  922,  MARCH  3,  1891. 

SETTLEMENT— MINES  AND  MINERALS  EXCEPTED. 

AN  ACT  To  establish  a  court  of  private  land  claims,  and  to  provide  for  the  settlement 
of  private  land  claims  in  certain  States  and  Territories. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  13.  That  all  the  foregoing  proceedings  and  rights  shall  be 
conducted  and  decided  subject  to  the  following  provisions  as  well  as 
to  the  other  provisions  of  this  act,  namely: 

Third.  No  allowance  or  confirmation  of  any  claim  shall  confer 
any  right  or  title  to  any  gold,  silver,  or  quicksilver  mines  or  minerals 
of  the  same,  unless  the  grant  claimed  effected  ths  donation  or  sale 
of  such  mines  or  minerals  to  the  grantee,  or  unless  such  grantee  has 
become  otherwise  entitled  thereto  in  law  or  in  equity;  but  all  such 
mines  and  minerals  shall  remain  the  property  of  the  United  States, 
with  the  right  of  working  the  same,  which  fact  shall  be  stated  in  all 
the  patents  issued  under  this  act.  But  no  such  mines  shall  be  worked 
on  any  property  confirmed  under  this  act  without  the  consent  of 
the  owner  of  such  property  until  specially  authorized  thereto  by  an 
act  of  Congress  hereafter  passed. 

A.  PURPOSE  OF  ACT. 

1.  Allowance  of  private  land  claims. 
.2.  Mineral  lands  excepted — Effect. 

1.  allowance  of  private  land  claims. 

By  this  act  Congress  afforded  the  holders  of  small  tracts  not  exceeding  160  acres  an 
inexpensive  and  easy  method  of  acquiring  title  by  filing  their  claims  with  the  sur- 
veyor general  and  making  proof  of  their  citizenship,  and  the  act  contains  no  provision 
whatever  restricting  such  claims  to  nonmineral  lands;  but  an  allowance  or  confirma- 


PRIVATE  LAND  CLAIMS,  PP.  1074-1079.  1079 

tion  of  a  claim  should  not  confer  any  rii^hts  or  title  to  any  gold,  wilver,  or  qtiickHilver 
mines  or  minerals  unless  the  grant  claimed  effected  the  donation  or  sale  of  such  mines 
or  mineral. 

Santa  Fe  Pac.  R.  Co.,  In  re,  39  L.  D.  135,  p.  137. 

2.  MINERAL  LANDS  EXCEPTED  EFFECT. 

WTiile  no  express  exception  of  mineral  lands  is  necessary  to  exclude  them  from  an 
ordinary  grant,  yet  where  Congress  undertakes  to  except  certain  minerals,  the  pre- 
sumption is  that  all  other  minerals  not  named  are  not  excepted. 

Santa  Fe  Pac.  R.  Co.,  In  re,  39  L.  D.  135,  p.  137. 

By  this  act  Congress  provided  an  entirely  new  method  of  ascertaining  the  rights  of 
claimants  to  Spanish  or  Mexican  land  grants. 
Lockhart  v.  Wills,  9  N.  Mex.  344,  p.  350. 

This  act  provides  that  no  minerals  shall  pass  under  ordinary  Mexican  grants  of  land 
unless  the  grant  effects  the  donation  or  sale  of  mines  or  minerals  to  the  grantee,  but 
the  mines  and  minerals  remain  the  property  of  the  United  States. 

Lockhart  v.  Johnson,  181  U.  S.  516,  p.  524. 

Section  13  makes  it  plain  that  so  far  as  regards  mineral  land  there  was  no  intention 
after  the  passage  of  this  act  that  they  should  be  reserved  by  a  mere  claim  in  a  Mexican 
grant  of  ordinary  land. 

Lockhart  v.  Johnson,  181  U.  S.  516,  p.  524. 

This  act  continues  in  force  the  reservation  of  land  embraced  within  the  Mexican  or 
Spanish  grants. 
Lockhart  v.  Willis,  9  N.  Mex.  344,  p.  351. 


PUBLIC  AND  MINERAL  LANDS— MISCELLANEOUS. 


ORDINANCE  OF  1785,  MAY  20,  1785. 

MINERAL  LANDS— DISPOSAL. 

AN  ORDINANCE  For  ascertaining  the  mode  of  disposing  of  lands  in  the  western 

territory. 

Be  it  ordained  by  the  United  States  in  Congress  assembled,  That 
the  territory  ceded  by  individual  States  to  the  United  States  which 
has  been  purchased  of  the  Indian  inhabitants  shall  be  disposed  of 
in  the  following  manner: 

The  lines  shall  be  measured  with  a  chain,  shall  be  plainly  marked 
by  chaps  on  trees,  and  exactly  described  on  a  plat,  whereon  shall 
be  noted  by  the  surveyor,  at  their  proper  distances,  all  mines,  salt 
springs,  salt  licks,  and  mill  seats,  that  shall  come  to  his  Imowledge; 
and  all  water  courses,  mountains,  and  other  remarkable  and  per- 
manent things  over  or  near  which  such  lines  shall  pass,  and  also  the 
quality  of  the  lands. 

^  ^  ^  ^  ^  ^  ^ 

There  shall  be  reserved  the  lot  No.  16  of  every  township  for  the 
maintenance  of  public  schools  within  the  said  township;  also,  one- 
third  part  of  all  gold,  silver,  lead,  and  copper  mines,  to  be  sold  or 
otherwise  disposed  of,  as  Congress  shall  hereafter  direct. 
1  Laws  Relating  to  Public  Lands  11,  pp.  12,  13. 

A.  SALE  OF  PUBLIC  LANDS— RESERVATION  OF  MINERALS. 

This  ordinance  dedicated  section  16  for  the  maintenance  of  public  schools  and 
reserved  from  every  sale  of  public  land  one-third  part  of  all  gold,  silver,  lead,  and 
copper  mines  within  the  township  or  lot  sold;  but  no  further  reservations  were  made 
of  gold,  silver,  or  copper  mines  until  the  act  of  March  1,  1847  (9  Stat.  146). 

Cooper  V.  Roberts,  59  U.  S.  (18  How.)  173,  p.  178. 

Alabama,  In  re,  15  C.  L.  O.  7,  p.  8. 

See  Shoemaker  v.  United  States,  147  U.  S.  282. 

From  the  date  of  this  ordinance  providing  for  the  disposal  of  the  pubUc  lands  in 
the  western  Territories  and  reserving  the  interest  of  the  Government  in  the  minerals 
therein,  through  all  the  acts  of  Congress  in  any  way  affecting  the  public  domain,  this 
interest  in  the  miileral  wealth  of  the  public  lands  has  been  carefully  guarded,  and 
special  legislation,  as  applicable  to  mineral  lands,  in  contradistinction  to  all  other 
lands,  enacted  for  its  protection  and  preservation;  and  the  present  mining  laws  clearly 
contemplate  the  disposal  of  such  lands  in  small  quantities  to  encourage  and  induce 
prospectors  to  make  discoveries. 

United  States  v.  San  Pedro  &  Canon  del  Agua  Co.,  4  N.  Mex.  225,  p.  293. 
1080 


PUBLIC  AND  MINERAL  LANDS,  PP.  1080-1098. 


1081 


2  STAT.  87,  APRIL  16,  1800. 

COPPER  MINES— INDIAN  TITLE. 
A  RESOLUTION  Respecting  the  copper  mines  on  the  south  side  of  Lake  Superior. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  President 
of  the  United  States  be  authorized  to  employ  an  agent,  who  shall 
be  instructed  to  collect  all  material  information  relative  to  the  copper 
mines  on  the  south  side  of  Lake  Superior,  and  to  ascertain  whether 
the  Indian  title  to  such  lands  as  might  be  required  for  the  use  of  the 
United  States,  in  case  they  should  deem  it  expedient  to  work  the 
said  mines,  be  yet  subsisting,  and  if  so,  the  terms  on  which  the  same 
can  be  extinguished.  And  that  the  said  agent  be  instructed  to  make 
report  to  the  President  in  such  time  as  the  information  he  may 
coUect  may  be  laid  before  Congress  at  their  next  session. 

9  STAT.  146,  MARCH  1,  1847. 

LAND  DISTRICT— MICHIGAN— SALE  OF  MINERAL  LANDS. 

AN  ACT  To  establish  a  land  office  in  the  northern  part  of  Michigan  and  to  provide 
for  the  sale  of  mineral  lands  in  the  State  of  Michigan. 

Be  it  enacted,  etc.,  That  all  that  portion  of  the  pubHc  lands  in 
the  State  of  Michigan  lying  north  of  the  boundaries  of  the  Saginaw 
and  Grand  River  land  districts  in  said  State,  commonly  called  the 
Northern  Peninsula  of  the  State  of  Michigan  with  the  islands  in 
Lakes  Superior,  Huron,  and  Michigan,  *  *  *  are  hereby,  included 
in  a  land  district,  to  be  called  the  Lake  Superior  land  district.    *    *  * 

Sec.  2.  That  the  Secretary  of  the  Treasury  shall  cause  a  geological 
examination  and  survey  of  the  lands  embraced  in  said  district  to  be 
made  and  reported  to  the  Commissioner  of  the  General  Land  Office. 
And  the  President  is  hereby  authorized  to  cause  such  of  said  lands 
as  may  contain  copper,  lead,  or  other  valuable  ores,  to  be  exposed 
to  sale,  giving  six  months'  notice  of  the  times  and  places  of  sales  in 
such  newspapers  of  general  circulation,  in  the  several  States,  as  he 
may  deem  expedient,  with  a  brief  description  of  the  lands  to  be 
offered;  showing  the  number  and  localities  of  the  mines  known,  the 
probability  of  discovering  others,  the  quality  of  the  ores,  the  facilities 
of  working  the  mines,  and  the  means  and  expense  of  transporting 
their  products  to  the  principal  markets  in  the  United  States.  And 
all  the  lands  embraced  in  said  district  not  reported  as  aforesaid,  shall 
be  sold  in  the  same  manner  as  other  lands  under  the  laws  now  in 
force  for  the  sale  of  public  lands,  excepting  and  reserving  from  such 
sales  section  16  in  each  township  for  the  use  of  schools,  and  such 
reservations  as  the  President  may  deem  necessary  for  public  uses. 

Sec.  3.  That  all  those  persons  who  are  in  possession,  by  actual 
occupancy,  of  any  portion  of  the  district  described  in  the  first  sec- 
tion of  this  act,  under  authority  of  a  lease  from  the  Secretary  of 
War,  for  the  purpose  of  mining  thereon,  and  who  have  fully  complied 
with  all  the  conditions  and  stipulations  of  said  lease,  may  enter  and 
purchase  the  same  at  any  time  during  the  continuance  of  such  lease, 
to  the  extent  of  such  lease,  and  no  less,  by  paying  to  the  United 
States  therefor  at  the  rate  of  $2.50  per  acre:  Provided,  That  said 

56974°— Bull.  94,  pt  2—15  17 


1082  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

entry  and  purchase  shall  be  made  to  include  the  original  survey  of 
such  lease,  as  near  as  may  be,  conforming  to  the  lines  of  the  public 
surveys  of  sections  and  subdivisions  thereof.  And  all  those  persons 
who  are  in  possession,  by  actual  occupancy,  of  any  of  said  lands,  for 
mining  purposes,  under  authority  of  a  written  permit  from  the 
Secretary  of  War,  and  who  have  visible  land  marks  and  muniments 
as  boundaries  thereon,  and  who  have,  in  all  other  respects,  complied 
with  the  conditions  and  stipulations  contained  in  such  permit,  may 
enter  and  purchase  the  same,  to  the  extent  of  the  tract  selected  by 
them  and  reported  to  the  Secretary  of  War,  as  required  by  said  per- 
mit, and  no  less,  in  the  same  manner  as  those  who  hold  under  leases, 
and  at  the  same  price:  Provided,  Such  entry  and  purchase  be  made 
before  the  day  said  lands  shall  be  offered  for  sale  by  order  of  the 
President.  And  all  those  persons  who  shall  be  in  possession,  by 
actual  occupancy,  of  a  mine  or  mines  actually  discovered  before  the 
passage  of  this  act,  and  who  shall  pay  the  same  per  centum  of  rents 
as  those  who  hold  under  leases,  as  aforesaid,  shall  be  permitted  to 
enter  and  purchase  one  section  of  land,  and  not  less,  to  include  such 
mine  or  mines  discovered  and  occupied  as  aforesaid,  by  them,  by 
paying  to  the  United  States  the  same  price,  and  at  the  same  time, 
as  required  of  those  who  hold  under  permits  aforesaid,  and  all  rents 
accrumg  from  such  lessees  or  occupants  shall  be  paid  and  delivered 
to  such  officers  of  the  Government  as  the  Secretary  of  the  Treasury 
shall  direct:  Provided,  That  prior  to  any  such  purchase  being  made 
under  the  provisions  of  this  section,  proof  of  possession  and  occu- 
pancy, as  aforesaid,  of  the  mine  or  mines  claimed,  shall  be  made  to 
the  register  and  receiver  of  the  land  district,  together  with  the  evi- 
dence of  the  payment  of  all  rents  due  the  United  States,  agreeably 
to  such  rules  as  may  be  prescribed  by  the  Secretary  of  the  Treasury 
for  that  purpose,  which  register  and  receiver  shall  each  be  entitled 
to  receive  $1  for  his  services  therein:  Provided,  That  an  appeal  from 
the  decision  of  the  register  and  receiver  to  the  Secretary  of  the  Treas- 
UTj  may  be  had,  under  such  regulations  as  the  said  Secretary  may  pre- 
scribe. And  if  two  or  more  persons  are  in  possession  of  the  same 
section,  the  first  occupant  shall  be  entitled  to  a  preference,  unless 
the  same  can  be  so  divided  by  legal  subdivisions  as  to  give  to  each 
the  discovery  claimed  by  him. 

Sec.  4.  That  the  said  mineral  lands  shall  be  offered  for  sale  in 
quarter  sections,  and  no  bid  shall  be  received  at  a  less  rate  than  $5 
per  acre;  and  if  such  lands  shall  not  be  sold  at  public  sale  at  such  price, 
they  shall  thereafter  be  entered  at  private  sale  at  that  price:  Pro- 
vided, That  no  legal  division  or  subdivision  of  any  of  said  lands  upon 
which  there  may  be  an  outstanding  lease  or  leases  from  the  Secretary 
of  War  unexpired  or  undetermined,  and  which  is  actually  occupied  for 
mining  purposes,  and  the  occupants  of  which  have  complied  with  all 
the  requisites  of  such  lease  or  leases,  and  continue  to  perform  the  same, 
shall  be  sold  until  after  the  determination  of  such  lease  or  leases  by 
efflux  of  time,  voluntary  surrender,  or  other  legal  extinguishment 
thereof,  except  in  such  cases  as  are  provided  for  in  the  third  section 
of  this  act,  and  the  lessees  respectively  shall  be  entitled  to  the  priv- 
ileges secured  by  said  section  under  the  voluntary  surrender  of  the 
lease  or  leases  held  by  them. 

Sec.  5.  That  the  management  and  control  of  the  mineral  lands 
shall  be  transferred  from  the  War  Department,  and  placed  under 


PUBLIC  AND  MINERAL  LANDS,  PP.  1080-1098.  1083 

the  jurisdiction  and  control  of  the  Treasury  Department;  and  all 
books,  maps,  papers,  mstruments,  and  other  property  procured, 
to  be  used  and  employed  in  the  management,  survey,  exploring?,  or 
conducting  of  said  mineral  lands,  by  the  War  Department,  shall  be 
delivered  over  and  made  subject  to  the  disposition  of  the  Secretary 
of  the  Treasury. 

A.  MINERAL  LANDS. 

B.  LEASE  OF  MINERAL  LANDS— RIGHTS  CONFERRED,  p.  1084. 

A.  MINERAL  LANDS. 

1.  Order  of  sale — Effect  on  mineral  and  school  lands. 

2.  Geological  survey  ordered. 

3.  Iron  ore — Lands  not  mineral. 

1.  order  of  sale  effect  on  mineral  and  school  lands. 

This  act  separated,  for  some  purposes,  the  mineral  from  the  public  lands. 

Keystone  Consol.  Min.  Co.  v.  California,  Copp.  Min.  Lands,  101,  p.  105. 

By  this  act  all  the  mineral  lands  within  the  district,  reported  by  the  Secretary 
of  the  Treasury,  were  taken  out  of  the  operation  of  the  general  law  for  the  disposal 
of  the  public  lands  in  pursuance  of  the  policy,  reserving  from  the  ordinary  mode  of 
disposing  of  public  lands  those  that  contain  valuable  mines,  salt  springs,  etc.,  but  this 
reservation  did  not  include  section  16  reserved  for  school  purposes. 

Cooper  V.  Roberts,  59  U.  S.  173,  p.  177. 
Affirming  Cooper  v.  Roberts,  6  Fed.  Cas.  487. 
See  Alabama,  In  re,  6  L.  D.  693. 

This  statute  authorizing  the  sale  of  mineral  lands  does  not  include  section  16  re- 
served for  school  purposes,  nor  does  it  withdraw  the  mineral  lands  from  the  compact 
with  Michigan. 

Cooper  V.  Roberts,  59  U.  S.  (18  How.)  173,  p.  180. 

Reversing  Cooper  v.  Roberts,  6  Fed.  Cas.  487,  p.  488.    (Changed  by  statute.) 
See  Alabama,  In  re,  6  L.  D.  693. 

2.  GEOLOGICAL  SURVEY  ORDERED. 

By  this  section  the  Secretary  of  the  Treasury  is  required  to  cause  to  be  made  a  geo- 
logical survey  of  the  entire  land  district,  in  which  shall  be  specially  noted  the  extent 
and  quality  of  the  minerals  and  the  distance  from  market,  and  all  lands  not  repre- 
sented to  be  mineral  except  a  reservation  of  section  16,  and  all  such  lands  were  directed 
to  be  sold  on  six  months'  notice. 

Cooper  V.  Roberts,  6  Fed.  Cas.  487,  p.  488. 

Until  the  survey  of  the  township  and  the  designation  of  the  specific  sections,  the 
right  of  the  State  rests  in  contract  only  and  no  absolute  right  or  title  vests  in  lands 
that  are  mineral  in  character. 

Keystone  Consol.  Min.  Co.  v,  California,  Copp's  Min.  Lands  101,  p.  104. 

3.  IRON  ORE  LANDS  NOT  MINERAL. 

The  phrase  "or  other  valuable  ores "  in  this  section  should  not  be  so  construed  as  to 
embrace  lands  containing  iron  ore,  as  such  lands  are  not  to  be  considered  as  mineral 
lands. 

Iron  Ore  Lands,  In  re,  5  Op.  Atty.  Genl.  247. 


1084  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


B.  LEASE  OF  MINERAL  LANDS— RIGHTS  CONFERRED. 

A  lease  to  a  mining  company  under  this  statute  did  not  confer  a  right  upon  such  com- 
pany or  its  assignee  to  enter  and  obtain  a  patent  for  section  16. 
Cooper  V.  Roberts,  59  V.  S.  (18  How.)  173,  p.  180. 

The  execution  of  a  lease  by  the  Secretary  of  War  to  a  mineral  claimant  with  a  right 
of  renewal,  and  a  renewal  in  accordance  with  its  terms,  is  not  a  legal  impediment  pre- 
venting the  title  from  vesting  in  the  State  under  this  act. 

Keystone  Consol.  Min.  Co.  v.  California,  Copp's  Min.  Lands  101,  p.  104. 

9  STAT.  179,  MARCH  3,  1847. 

LAND  DISTRICT— WISCONSIN— MINES  AND  MINERAL  LANDS. 
AN  ACT  To  create  an  additional  land  district  in  the  Territory  of  Wisconsin. 
Be  it  enacted,  etc.,    *    *  * 

Sec.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the 
Treasury  shall  cause  a  geological  examination  and  survey  of  the 
lands  embraced  in  said  district  to  be  made  and  reported  to  the  Com- 
missioner of  the  General  Land  Office.  And  the  President  is  hereby 
authorized  to  cause  such  of  said  lands  as  may  contain  copper,  lead, 
or  other  valuable  ores,  to  be  exposed  to  sale,  giving  six  months' 
notice  of  the  times  and  places  of  sales  in  such  newspapers  of  general 
circulation  in  the  several  States  as  he  may  deem  expedient,  with  a 
brief  description  of  the  lands  to  be  offered;  showing  the  number  and 
locahties  of  the  mines  known,  the  probability  of  discovering  others, 
the  quality  of  the  ores,  the  facilities  of  working  the  mines,  and  the 
means  and  expense  of  transporting  their  products  to  the  principal 
markets  in  the  United  States.  And  all  the  lands  embraced  in  said 
district,  not  reported  as  aforesaid,  shall  be  sold  in  the  same  manner  as 
other  lands  under  the  laws  now  in  force  for  the  sale  of  the  public 
lands,  excepting  and  reservmg  from  such  sales  section  16  in  each 
township  for  the  use  of  schools,  and  such  reservations  as  the  President 
shall  deem  necessary  for  public  uses. 

Sec.  3.  And  be  it  further  enacted.  That  every  person  or  persons 
who  shall  be  in  possession,  by  actual  occupancy,  of  a  mine  or  mines, 
actually  discovered  previous  to  the  passage  of  this  act,  and  who  shall 
pay  the  same  rents  as  those  who  hold  under  leases  from  the  Secretary 
of  War,  and  which  rents  accruing  from  such  occupants  and  lessees  shall 
be  paid  and  delivered  to  such  officer  of  the  Government  as  the  Sec- 
retary of  the  Treasury  shall  direct,  shall  be  entitled  to  purchase  the 
lands  on  which  the  same  is  or  are  situated  at  any  time  prior  to  the 
day  of  sale  fixed  by  the  President,  in  legal  subdivisions,  not  exceeding 
in  the  aggregate  160  acres,  to  include  such  mine  or  mines,  paying 
to  the  United  States  therefor  at  the  rate  of  $5  per  acre:  Provided, 
That,  prior  to  any  entry  being  made  under  the  provisions  of  this  sec- 
tion, proof  of  possession  and  occupancy  as  aforesaid  of  the  mine  or 
mines  claimed  shall  be  made  to  the  register  and  receiver  of  the  land 
district,  together  with  the  evidence  of  the  payment  of  all  rents  due 
the  United  States,  agreeably  to  such  rules  as  may  be  prescribed  by 
the  Secretary  of  the  Treasury  for  that  purpose,  which  register  and 
receiver  shall  each  be  entitled  to  receive  $1  for  his  services  therein: 
Provided,  That  an  appeal  from  the  decision  of  the  register  and  re- 
ceiver to  the  Secretary  of  the  Treasury  may  be  had,  under  such 
regulations  as  the  said  Secretary  may  prescribe.    And  if  two  or  more 


PUBLIC  AND  MINERAL  LANDS,  PP.  1080-1098. 


1085 


persons  arc  in  ])()ssossioii  of  the  same  quarter  section,  the  first  occu- 
pant shall  be  entitled  to  a  preference,  unless  the  same  can  be  so  divided 
by  legal  subdivisions  as  to  give  to  each  the  discovery  claimed  by  him. 

Sec.  4.  And  be  it  further  enacted,  That,  the  said  mineral  lands 
shall  be  offered  for  sale  in  subdivisions  of  quarter  quarter  sections, 
and  no  bid  shall  be  received  at  a  less  rate  than  $5  per  acre;  and  if 
such  lands  shall  not  bo  sold  at  public  sale,  they  shall  be  subject  to 
entry  at  private  sale  at  that  price:  Provided,  Tiiat  no  legal  division 
or  subdivision  of  any  of  said  lands,  upon  which  there  may  be  an  out- 
standing lease  or  leases  from  the  Secretary  of  War  unexpired  or 
undetermined,  and  which  is  actually  occupied  for  mining  purposes, 
and  the  occupants  of  which  have  complied  with  all  the  requisites  of 
such  lease  or  leases,  and  continued  to  perform  the  same,  shall  be 
sold  until  after  the  determination  of  such  lease  or  leases  by  efflux  of 
time,  voluntary  surrender,  or  other  legal  extinguishment  thereof,  except 
in  such  cases  as  are  provided  for  in  the  third  section  of  this  act;  and 
the  lessees,  respectively,  shall  be  entitled  to  the  privilege  secured  by 
said  section  upon  the  voluntary  surrender  of  the  lease  or  leases  held 
by  them. 

Sec.  5.  And  be  it  further  enacted.  That  the  management  and  con- 
trol of  the  mineral  lands  shall  be  transferred  from  the  War  Depart- 
ment, and  placed  under  the  jurisdiction  and  control  of  the  Treasury 
Department,  and  all  books,  maps,  papers,  instruments,  and  other 
property  procured  to  be  used  and  employed  in  the  management, 
survey,  exploring,  or  conducting  of  said  mineral  lands  by  the  War 
Department,  shall  be  delivered  over  and  made  subject  to  the  disposi- 
tion of  the  Secretary  of  the  Treasury. 

5fS  5f*  JfC  ^  )|C 

See  9  Stat.  146,  p.  1081. 

9  STAT.  452,  SEPTEMBER  9,  1850. 

ENABLING  ACT— CALIFORNIA— PUBLIC  LANDS. 
AN  ACT  For  the  admission  of  California  into  the  Union. 

Be  it  enacted,  etc..  That  the  State  of  California  shall  be  one,  and 
is  hereby  declared  to  be  one,  of  the  United  States  of  America,  and 
admitted  into  the  Union  on  an  equal  footing  with  the  original  States 
in  all  respects  whatever. 

******* 

Sec.  3.  And  be  it  further  enacted,  That  the  said  State  of  Cali- 
fornia is  admitted  into  the  Union  upon  the  express  condition  that 
the  people  of  said  State,  through  their  legislature  or  otherwise,  shall 
never  interfere  with  the  primary  disposal  of  the  public  lands  within 
its  limits,  and  shall  pass  no  law  and  do  no  act  whereby  the  title  of 
the  United  States  to,  and  right  to  dispose  of,  the  same  shall  be  im- 
paired or  questioned;  and  that  they  shall  never  lay  any  tax  or 
assessment  of  any  description  whatsoever  upon  the  public  domain 
of  the  United  States,  and  in  no  case  shall  nonresident  proprietors, 
who  are  citizens  of  the  United  States,  be  taxed  higher  than  residents ; 
and  that  all  the  navigable  waters  within  the  said  State  shall  be  com- 
mon highways,  and  forever  free,  as  well  to  the  inhabitants  of  said 
State  as  to  the  citizens  of  the  United  States,  without  any  tax,  impost, 


1086  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


or  duty  therefor:  Provided,  That  nothing  herein  contained  shall  be 
construed  as  recognizing  or  rejecting  the  propositions  tendered  by 
the  people  of  California  as  articles  of  compact  in  the  ordinance 
adopted  by  the  convention  which  formed  the  constitution  of  that 
State. 

A.  DISPOSAL  OF  MINERAL  LANDS. 

-  Aside  from  this  statute  the  General  Government  for  several  years  remained  a  passive 
spectator  of  the  settlement  upon  and  the  development  of  its  mineral  lands  in  Cali- 
fornia, but  the  right  of  the  United  States  to  such  lands  and  its  authority  to  dispose  of 
the  same  has  never  been  questioned . 
Lee  Boon  V.  Tesh,  68  Cal.  43,  p.  46. 

It  has  been  the  uniform  policy  of  the  Government  to  reserve  saline  lands  from  dis- 
position and  sale. 

Elliott  V.  Southern  Pac.  R.  Co.,  35  L.  D.  149,  p.  150. 
See  New  Mexico,  In  re,  31  L.  D.  389,  p.  390. 

9  STAT.  472,  SEPTEMBER  26,  1850. 

MINERAL  LANDS— PRICE  REDUCED— MICHIGAN  AND  WISCONSIN. 

AN  ACT  To  reduce  the  minimum  price  of  the  mineral  lands  in  the  Lake  Superior 
district  in  Michigan  and  the  Chippewa  district  in  Wisconsin. 

Be  it  enacted,  etc.,  That  the  mineral  lands  in  the  Lake  Superior  dis- 
trict in  Michigan  and  in  the  Chippewa  district  in  Wisconsin,  shall  be  of- 
fered for  public  sale  in  the  same  manner,  and  be  subject  to  the  same 
minimum  price,  and  the  same  rights  of  preemption  as  the  other  public 
lands  of  the  United  States;  and  such  portions  of  the  act  of  March  1, 
1847, to  establish  a  land  office  in  the  northern  part  of  Michigan,  and 
to  provide  for  the  sale  of  the  mineral  lands  in  the  State  of  Michigan," 
and  of  the  act  of  March  3,  1847,  '^To  create  an  additional  land  dis- 
trict in  the  Territory  of  Wisconsin,  and  for  other  purposes,"  as  are 
inconsistent  with  the  provisions  of  this  act,  shall  be,  and  the  same 
are  hereby,  repealed:  Provided,  however.  That  the  right  given  by 
those  acts  of  March  1  and  3,  1847,  to  lessees,  occupants,  and  per- 
mittees, to  enter  to  the  extent  of  their  leases  and  permits,  and  no  less, 
shall  not  be  considered  as  impaired  by  this  act;  but  said  lessees,  occu- 
pants, and  permittees  shall  be  authorized  to  enter  the  land  covered 
by  their  leases,  occupancy,  and  permits,  respectively,  as  therein  pro- 
vided, at  the  minimum  price  fixed  by  this  act. 

Sec.  2.  That  the  holder  of  a  lease  or  permit  covering  more  than 
one  full  section  of  the  mineral  lands,  as  aforesaid,  shall  be  entitled, 
on  the  surrender  and  annulment  of  said  lease  or  permit  at  the  proper 
land  office,  to  purchase,  if  he  shall  elect  to  do  so,  one  full  section,  and 
no  more,  of  the  land  covered  by  said  lease  or  permit,  at  a  minimum 
price  of  $2.50  per  acre. 

A.  PURPOSE  AND  EFFECT  OF  ACT. 

B.  RIGHTS  OF  LESSEES. 

A.  PURPOSE  AND  EFFECT  OF  ACT. 

This  act  abrogated  such  of  the  clauses  of  the  act  of  1847  (9  Stat.  146)  as  distinguished 
the  mineral  from  other  public  lands  and  placed  them  alike  under  the  ordinary  system 
for  the  disposal  of  the  public  domain,  but  reserved  to  lessees  and  occupants  the  privi- 
leges conferred  by  the  former  act. 

Cooper  V.  Roberts,  59  U.  S.  173,  p.  180. 


PUBLIC  AND  MINERAL  LANDS,  PP.  1080-1098. 


1087 


By  this  act  Congress  ordertnl  the  uiineral  liiiids  in  the  I^ake  Superior  and  Chippewa 
districts  to  be  offered  at  public  sale  the  same  as  other  lands. 
Tucker  v.  Florida  R.,  etc.,  Co.,  19  L.  D.  414,  p.  415. 

B.  RIGHTS  OF  LESSEES. 

The  rights  of  a  lessee  of  mineral  lands  under  this  statute  depend  entirely  upon  the 
validity  of  the  lease  and  the  protection  accorded  to  the  lessee  under  the  act  of  1847 
and  a  lessee  whose  lease  had  expired  could  claim  no  right  under  this  act. 

Cooper  V.  Roberta,  59  U.  S.  173,  p.  181. 
See  Cooper  v.  Roberts,  6  Fed.  Cas.  487. 

9  STAT.  496,  p.  500,  SEPTEMBER  27,  1850. 

SURVEYOR  GENERAL— OREGON— SALINES  AND  MINERALS. 

AN  ACT  To  create  the  ofhce  of  surveyor  general  of  the  public  lands  in  Oregon,  and  to 
provide  for  the  survey,  etc. 

Be  it  enacted,  etc.,  That  a  surveyor  general  shall  be  appointed 
for  the  Territory  of  Oregon,  who  shall  have  the  same  authority, 
perform  the  same  duties  respecting  the  public  lands  and  private  land 
claims  in  the  Territory  of  Oregon,  as  are  vested  in  and  required  of  the 
surveyor  of  lands  in  the  United  States  northwest  of  the  Ohio,  except 
as  hereinafter  provided. 

******* 

Sec.  14.  That  no  mineral  lands,  nor  lands  reserved  for  salines, 
shall  be  liable  to  any  claim  under  and  by  virtue  of  the  provisions 
of  this  act;  and  that  such  portions  of  the  public  lands  as  may  be 
designated  under  the  authority  of  the  President  of  the  United  States, 
for  forts,  magazines,  arsenals,  dock  yards,  and  other  needful  public 
uses,  shall  be  reserved  and  excepted  from  the  operation  of  this  act: 
Provided,  That  if  it  shall  be  deemed  necessary,  in  the  judgment  of 
the  President,  to  include  in  any  such  reservation  the  improvements 
of  any  settler  made  previous  to  the  passage  of  this  act,  it  shall  in 
such  case  be  the  duty  of  the  Secretary  of  War  to  cause  the  value  of 
such  improvements  to  be  ascertained,  and  the  amount  so  ascertained 
shall  be  paid  to  the  party  entitled  thereto,  out  of  any  money  not 
otherwise  appropriated. 

12  STAT.  409,  MAY  30,  1862. 

PUBLIC  SURVEYS— PREEMPTION  RIGHTS  TO  UNSURVEYED  LANDS. 

AN  ACT  To  reduce  the  expenses  of  the  survey  of  public  lands  in  the  United  States. 

Be  it  enacted,  etc.,  That  contracts  for  the  survey  of  the  public 
lands  shall  not  become  binding  upon  the  United  States  until  approved 
by  the  Commissioner  of  the  General  Land  Office,  except  in  such 
cases  as  said  commissioner  shall  otherwise  specially  order. 

******* 

Sec.  7.  And  be  it  further  enacted,  That  in  regard  to  settlements 
which  by  existing  laws  are  authorized  in  certain  States  and  Terri- 
tories upon  unsurveyed  lands,  which  privilege  is  hereby  extended  to 
California,  the  preemption  claimant  shall  be,  and  is  hereby,  in  all 


1088  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


cases,  required,  from  and  after  September  1,  1862,  to  file  his  declara- 
tory statement  within  three  months  from  the  date  of  the  receipt  at 
the  district  land  ofiice  of  the  approved  plat  of  the  township  embrac- 
ing such  preemption  settlement:  Provided,  The  provisions  of  this 
section  shall  not  be  held  to  authorize  preemption  and  settlement  of 
mineral  lands,  which  are  hereby  exempted  from  the  provisions  of 
this  act.    *    *  * 

A.  PREEMPTION  RIGHTS  EXTENDED— MINERAL  LANDS 
EXCEPTED. 

WTiile  this  statute  extended  the  preemption  rights  to  unsurveyed  lands  in  Cali- 
fornia it  expressly  excepted  mineral  lands. 
Schofield  Patent,  In  re,  Copp's  Min.  Dec,  17. 

12  STAT.  413,  JUNE  2,  1862. 

LAND  OFFICE— COLORADO— PREEMPTION  RIGHTS. 
AN  ACT  To  establish  a  land  office  in  Colorado  Territory,  etc. 

Be  it  enacted,  etc.,  That  all  the  lands  belonging  to  the  United  States 
to  which  the  Indian  title  has  been  or  shall  be  extinguished  shall  be 
subject *to  the  operations  of  the  preemption  act  of  September  4,  1841, 
and  under  the  conditions,  restrictions,  and  stipulations  therein  men- 
tioned: Provided,  however,  That  when  unsurveyed  lands  are  claimed 
by  preemption,  notice  of  the  specific  tracts  claimed  shall  be  filed 
within  6  months  after  the  survey  has  been  made  in  the  field ;  and 
on  failure  to  file  such  notice,  or  to  pay  for  the  tract  claimed  within  12 
months  from  the  filing  of  such  notice,  the  parties  claiming  such  lands 
shall  forfeit  all  right  thereto,  provided  said  notices  may  be  filed  with 
the  surveyor  general,  and  to  be  noted  by  him  on  the  township  plats, 
until  other  arrangements  have  been  made  by  law  for  that  purpose. 

A.  MINERAL  OR  INCLOSED  LANDS  NOT  SUBJECT  TO  PREEMPTION, 

Mineral  land,  or  a  mining  claim,  is  not  subject  to  preemption  where  it  is  already 
in  the  possession  of  another. 

Field  V.  Grey,  1  Ariz.  404,  p.  406. 
See  Atherton  v.  Fowler,  96  U.  S.  513. 
Hosmer  v.  Wallace,  97  U.  S.  575. 

A  valid  right  of  preemption  can  not  be  made  by  a  forcible  intrusion  upon  land  culti- 
vated, inclosed,  and  peaceably  occupied  by  another. 

Atherton  v.  Fowler,  96  U.  S.  513,  pp.  517,  520. 
Belk  V.  Meagher,  104  U.  S.  279,  p.  287. 

A  valid  right  of  preemption  may  be  secured  by  a  peaceable  entry  on  lands  which 
had  not  been  inclosed  or  improved. 
Belk  V.  Meagher,  104  TJ.  S.  279,  p.  287. 

This  act  expressly  provides  that  no  mineral  lands  shall  be  located  or  granted  under 
its  provisions,  and  parties  whose  rights  were  initiated  under  this  act  will  be  permitted 
to  receive  patents  for  their  claims  upon  full  compliance  with  the  law^  although  coal 
may  have  been  discovered  on  the  tracts  claimed  by  them. 

Yoakum,  In  re,  1  C.  L.  O.  3. 


PUBLIC  AND  MINERAL  LANDS,  PP.  1080-1098. 


1089 


13  STAT.  440,  p.  441,  FEBRUARY  27,  1865. 

POSSESSION— MINING  TITLE— RECOVERY. 

AN  ACT  Providing  for  a  district  and  a  circuit  court  of  the  United  States  for  the  District 

of  Nevada,  etc. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  9.  And  be  it  further  enacted,  That  no  possessory  action 
between  individuals  in  any  of  the  courts  of  the  United  States  for 
the  recovery  of  any  mining  title  shall  be  affected  by  the  fact  that  the 
paramount  title  to  the  land  on  which  such  mines  are,  is  in  the  United 
States,  but  each  case  shall  be  adjudged  by  the  law  of  possession. 

A.  FORCE  AND  EFFECT  OF  ACT. 

1  Common  law  nature  of  act — Possessory  right. 

2  Mining  title — Meaning. 

3  Possessory  action — Paramount  title  of  United  States. 
1.  common-law  nature  of  act — possessory  right. 

The  Supreme  Court  of  the  United  States  has  recognized  a  sort  of  common  law  of 
the  miners  existing  in  unorganized  territory,  and  that  the  Territorial  legislature 
of  Nevada  has  recognized  by  statute  the  validity  and  binding  torce  of  the  rules,  regu- 
lations, and  customs  of  the  mining  districts,  and  that  under  the  implied  sanction 
of  the  National  Government  vast  mining  interests  have  grown  up.  The  court  admits 
that  this  statute  is  a  recognition  by  Congress  of  the  fact  that  there  may  be  a  possessory 
right  to  a  mining  claim,  the  value  of  which  may  be  estimated  in  money,  though  the 
public  land  where  the  claim  exifets  has  never  been  surveyed  and  brought  in  the  market. 

Sparrow  v.  Strong,  70  U.  S.  (3  Wall.)  97. 

Del  Monte  Min.,  etc.,  Co.  v.  Last  Chance  Min.,  etc.  Co.,  171  U.  S.  55,  p.  62. 
From  the  discovery  of  gold  in  California  to  the  passage  of  this  act,  there  was  no 
national  legislation  upon  the  subject  of  the  western  gold-bearing  mineral  lands. 
Price  V.  Mcintosh,  1  Alaska  286,  p.  212. 

2.  MINING  TITLE — MEANING. 

The  term  ' '  mining  title  "  used  in  this  statute  means  the  title  which  the  miner  obtains 
by  his  discovery  and  location,  followed  by  a  compliance  with  the  statutory  regulations 
to  preserve  the  right  of  possession,  and  in  possessory  actions  between  persons  the  case 
shall  be  adjudged  by  the  law  of  possession,  though  the  paramount  title  is  in  the  United 
States. 

Gillis  V.  Downey,  85  Fed.  483,  p.  486. 

3.  POSSESSORY  ACTION — PARAMOUNT  TITLE  OF  UNITED  STATES. 

This  act  provides  that  no  possessory  action  between  individuals  in  the  courts  of 
the  United  States  for  the  recovery  of  mining  titles  shall  be  a^ffected  by  the  fact  that 
the  legal  title  is  in  the  United  States. 

Belk  V.  Meagher,  104  U.  S.  279,  p.  284. 

Del  Monte  Min.,  etc.,  Co.  v.  Last  Chance  Min.,  etc.,  Co.,  171  U.  S.  55,  p.  61. 
This  act  only  recognized  the  right  of  litigants  to  maintain  suits  for  the  possession 
of  mineral  lands  without  regard  to  the  paramount  ownership  of  the  United  States. 
Price  V.  Mcintosh,  1  Alaska  286,  p.  292. 


1090  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


14  STAT.  66,  p.  67,  JUNE  21,  1866. 

HOMESTEAD  ACT— ALABAMA,  ARKANSAS,  FLORIDA,  MISSISSIPPI,  AND 
LOUISIANA— MINERAL  LANDS  EXCEPTED. 

AN  ACT  For  the  disposal  of  the  public  lands  for  homestead  actual  settlement  in  the 
States  of  Alabama,  Mississippi,  Louisiana,  Arkansas,  and  Florida. 

Be  it  enacted,  etc.,  That  from  and  after  the  passage  of  this  act  all 
the  public  lands  in  the  States  of  Alabama,  Mississippi,  Louisiana, 
Arkansas,  and  Florida  shall  be  disposed  of  according  to  the  stipula- 
tions of  the  homestead  law  of  May  20, 1862,  entitled An  act  to  secure 
homesteads  to  actual  settlers  on  the  public  domain"  (12  Stat.  392), 
and  the  act  supplemental  thereto,  approved  March  27,  1864  (13  Stat. 
35),  but  with  this  restriction,  that  until  the  expiration  of  two  years 
from  and  after  the  passage  of  this  act,  no  entry  shall  be  made  for 
more  than  a  half-quarter  section,  or  eighty  acres;  and  in  lieu  of  the 
sum  of  $10  required  to  be  paid  by  the  second  section  of  said  act, 
there  shall  be  paid  the  sum  of  $5  at  the  time  of  the  issue  of  each 
patent;  and  that  the  public  lands  in  said  States  shall  be  disposed  of 
in  no  other  manner  after  the  passage  of  this  act:  Provided,  That  no 
distinction  or  discrimination  shall  be  made  in  the  construction  or 
execution  of  this  act  on  account  of  race  or  color:  And  provided 
further,  That  no  mineral  lands  shall  be  liable  to  entry  and  settlement 
under  its  provisions. 

14  STAT.  218,  JTTLY  23,  1866. 

MINERAL  LANDS— TITLE— CALIFORNIA. 

AN  ACT  To  quiet  land  titles  in  California. 

Be  it  enacted,  etc..  That  in  all  cases  where  the  State  of  California 
has  heretofore  made  selections  of  any  portion  of  the  public  domain 
in  part  satisfaction  of  any  grant  made  to  said  State  by  any  act  of 
Congress,  and  has  disposed  of  the  same  to  purchasers  in  good  faith 
under  her  laws,  the  lands  so  selected  shall  be,  and  hereby  are,  con- 
firmed to  said  State:  Provided,  That  no  selection  made  by  said  State 
contrary  to  existing  laws  shall  be  confirmed  by  this  act  for  lands 
to  which  any  adverse  preemption,  homestead,  or  other  right  has, 
at  the  date  of  the  passage  of  this  act,  been  acquired  by  any  settler 
under  the  laws  of  the  United  States,  or  to  any  lands  which  have 
been  reserved  for  naval,  military,  or  Indian  purposes  by  the  United 
States,  or  to  any  mineral  lands,  or  to  any  land  held  or  claimed  under 
any  valid  Mexican  or  Spanish  grant,  or  to  any  land  which,  at  the  time 
of  the  passage  of  this  act,  was  included  within  the  limits  of  any  city, 
town,  or  village,  or  within  the  county  of  San  Francisco:  And  pro- 
vided further.  That  the  State  of  CaHiornia  shall  not  receive  under 
this  act  a  greater  quantity  of  land  for  school  or  improvement  pur- 
poses than  she  is  entitled  to  by  law. 

*  «  »  *  *  *  » 

Sec.  7.  And  be  it  further  enacted.  That  where  persons  in  good 
faith,  and  for  a  \  aluable  consideration,  have  purchased  lands  of 
Mexican  grantees  or  assigns,  which  graats  have  subsequently  been 
rejected,  or  where  the  lands  so  purchased  have  been  excluded  from 
the  final  survey  of  any  Mexican  grant,  and  have  used,  improved, 
and  continued  in  the  actual  possession  of  the  same  as  according  to 


PUBLIC  AND  MINERAL  LANDS,  PP.  1080-1098. 


1091 


the  lijies  of  their  original  purchase,  and  where  no  vahd  adverse  right 
or  title  (except  of  the  United  States)  exists,  such  purchasers  may 
purchase  the  same,  after  having  such  lands  surveyed  under  existing 
laws,  at  the  minimum  price  established  by  law,  upon  first  making 
proof  of  the  facts  as  required  in  this  section,  under  regulations 
to  be  provided  by  the  Commissioner  of  the  General  Land  Office, 
joint  entries  being  admissible  by  coterminous  proprietors  to  such 
an  extent  as  will  enable  them  to  adjust  their  respective  bounda- 
ries: Provided,  That  the  provisions  of  this  section  shall  not  be 
applicable  to  the  city  and  county  of  San  Francisco:  Provided,  That 
the  right  to  purchase  herein  given  shall  not  extend  to  lands  con- 
taining mines  of  gold,  silver,  copper,  or  cinnabar:  Provided,  That 
whenever  it  shall  be  made  to  appear  by  petition  from  the  occupants 
of  such  land  that  injury  to  permanent  improvements  would  result 
from  running  the  lines  of  public  surveys  through  such  permanent 
improvements,  the  Commissioner  of  the  General  Land  Office  may 
recognize  existing  lines  of  subdivisions. 

A.  STATE  SELECTIONS  CONFIRMED. 

B.  MEXICAN  TITLES  CONFIRMED. 

C.  MEXICAN  GRANTS,  p.  1092. 

D.  MEXICAN  GRANTEES  OR  ASSIGNS,  p.  1092. 

A.  STATE  SELECTIONS  CONFIRMED. 

See  10  Stat.  244,  p.  1257. 

Section  1  confirms  certain  selections  made  by  the  State,  but  provides  that  no  selec- 
tion made  by  the  State  contrary  to  existing  laws  shall  be  confirmed  by  the  act,  and 
excludes  also  mineral  lands. 

United  States  v.  Mullan,  10  Fed.  785,  p.  788. 

This  act  provides  a  method  of  construing  the  act  of  March  3,  1853  (10  Stat.  244), 
with  reference  to  the  right  of  California  to  select  lands  in  lieu  of  the  sixteenth  and 
thirty-sixth  sections. 

California,  In  re,  Copp's  Min.  Lands  224. 

The  title  to  land  in  sections  16  and  36  did  not  pass  to  the  State  if  such  land  at  the 
date  of  survey  was  recognized  and  regarded  as  mineral. 
California  v.  Foley,  4  C.  L.  O.  18. 

A  selection  of  land  under  this  act  by  the  State  of  California  and  sold  in  good  faith, 
prior  to  the  passage  of  this  act,  is  valid  and  the  title  good,  if  such  lands  were  not  known 
to  be  mineral  at  the  date  when  the  act  confirming  such  selection  became  a  law. 

Polack,  In  re,  8  C.  L.  O.  189,  p.  191. 

B.  MEXICAN  TITLES  CONFIRMED. 

As  Congress  was  not  asked  to  make  an  original  grant  it  only  intended  to  authorize  a 
patent  carrying  to  the  grantee  such  title  and  interest  as  he  held  from  the  Mexican 
Government  at  the  time  of  the  cession,  and  such  as  he  could  rightfully  have  asked  the 
Mexican  Government,  under  its  laws,  to  protect,  and  that  Government  would  not  have 
protected  him  in  the  possession  of  valuable  mines  of  gold  and  silver,  and  Congress 
did  not  intend  to  do  more  than  the  Mexican  Government  would  have  done  to  the 
grantee. 

United  States  v.  San  P.edro  &  Canon  del  Agua  Co.,  4  N.  Mex.  225,  p.  300. 


1092  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


The  intention  of  Congress  by  this  confirmatory  act  was  not  to  confirm  the  mineral 
grant  alleged  to  have  been  made  to  Moradillos,  but  to  confirm  the  land  granted  which 
had  been  sent  forward  for  approval. 

United  States  v.  San  Pedro  &  Canon  del  Agua  Co.,  4  N.  Mex.  225,  p.  298. 

This  is  not  an  act  to  grant  the  person  named  therein  a  new  thing  or  right,  but  to 
recognize  and  confirm  an  old  one,  for  Congress  was  bound  under  the  treaty  of  Guadalupe 
Hidalgo  to  protect  the  grantee  in  existing  rights,  but  was  under  no  obligation  to  give 
him  an  additional  one. 

United  States  v.  San  Pedro  &  Canon  del  Agua  Co.,  4  N.  Mex.  225,  p.  297. 

C.  MEXICAN  GRANTS. 

1.  MINERAL  LANDS  EXCLUDED. 

A  person  is  not  entitled  to  enter  or  locate  a  mining  claim  in  such  Mexican  grants, 
as  the  mineral  lands  are  expressly  excepted  from  the  operation  of  this  act. 
McGarrahan  v.  New  Idria  Min.  Co.,  3  L.  D.  422,  p.  423. 

This  act  of  preemption  did  not  include  the  minerals  in  the  lands  therein  referred 
to,  and  the  confirmation  by  Congress  was  of  such  title  to  the  lands  therein  mentioned 
as  had  been  conveyed  by  the  Government  of  Mexico  and  did  not  confer  upon  the 
grantee  the  title  to  mines  therein  contained. 

United  Statas  v.  San  Pedro  &  Canon  del  Ag\ia  Co.,  4  N.  Mex.  225,  p.  293. 

D.  MEXICAN  GRANTEES  OR  ASSIGNS. 

1.  Improved  lands  withdrawn  from  preemption. 

2.  Proof  to  obtain  title — Absence  of  minerals. 

1.  improved  lands  withdrawn  from  preemption. 

This  act  withdrew  from  the  general  operation  of  the  preemption  laws  lands  contin- 
uously possessed  and  improved  by  a  purchaser  under  a  Mexican  grant,  but  which  was 
subsequently  rejected,  and  gave  to  such  purchaser,  to  the  exclusion  of  all  other  claim- 
ants, the  right  to  obtain  title. 

Hosmer  v.  Wallace,  97  U.  S.  575,  p.  581. 

This  act  was  passed  to  meet  the  hardships  arising  from  the  rejection  of  grants  sup- 
posed to  be  valid  and  the  instances  where  lands  had  been  purchased  and  improved 
and  were  excluded  by  the  surveys  from  the  tracts  confirmed. 

Hosmer  v.  Wallace,  97  U.  S.  575,  p.  581. 

2.  PROOF  TO  OBTAIN  TITLE — ABSENCE  OF  MINERALS. 

A  purchaser  from  an  alleged  Mexican  grantee  is  not  entitled  to  a  deed  from  the 
Government  unless  he  alleges  and  proves  that  the  lands  do  not  contain  mines  of  gold, 
silver,  copper,  or  cinnabar. 

Secretary  v.  McGarrahan,  76  U.  S.  (9  Wall.)  298,  p.  310. 
McGarrahan  v.  New  Idria  Min.  Co.,  3  L.  D.  422,  p.  423. 

In  a  contest  for  lands  acquired  under  this  section  it  is  necessary  for  a  claimant  to 
aver  and  prove  that  the  lands  did  not  contain  mines  of  gold,  silver,  copper,  or  cinna- 
bar, and  he  must  aver  and  prove  that  he  was  a  good  faith  purchaser  for  a  valuable 
consideration,  and  he  is  not  entitled  to  a  patent  if  the  lands  did  in  fact  contain  such 
mines. 

Hawke  v.  Deffeback,  4  Dak.  20,  p.  34. 


PUBLIC  AND  MINERAL  LANDS,  PP.  1080-1098. 


1093 


The  mere  relinquishment  of  the  land  described  by  this  grant  can  not  be  held  to 
carry  with  it  the  title  to  the  minerals  found  within  the  grant  limits,  but  only  the 
surface  of  the  soil  passed  to  and  vested  in  the  grantee,  and  the  title  to  the  minerals 
therein  remained  in  the  United  States  for  the  reason  that  the  tract  conveyed  and 
surveyed  contained  well-known  mineral  lands. 

United  States  v.  San  Pedro  &  Canon  del  Agua  Co.,  4  N.  Mex.  225,  p.  297. 

The  statement  of  the  Land  Commissioner  that  lands  embraced  in  a  claim  and  ap- 
plication for  a  patent  by  a  purchaser  from  a  Mexican  grantee  that  the  lands  contain 
valuable  quicksilver  mines  is  sufficient  evidence  on  which  to  refuse  the  application. 

Secretary  v.  McGarrahan,  76  U.  S.  (9  Wall.)  298,  p.  310. 

17  STAT.  465,  FEBRUARY  18,  1873. 

COAL  AND  IRON  LANDS— METHOD  OF  PURCHASE— MICHIGAN,  MIN- 
NESOTA, AND  WISCONSIN. 

AN  ACT  In  relation  to  mineral  lands. 

Be  it  enacted,  etc.,  That  within  the  States  hereinafter  named 
deposits  or  mines  of  iron  and  coal  be,  and  they  are  hereby,  excluded 
from  the  operations  of  an  act  entitled  ''An  act  to  promote  the  de- 
velopment of  the  mining  resources  of  the  United  States,"  approved 
May  10,  1872  (17  Stat.  91),  and  said  act  shall  not  apply  to  the  mineral 
lands  situate  and  being  within  the  States  of  Michigan,  Wisconsin, 
and  Minnesota,  and  that  said  lands  are  hereby  declared  free  and 
open  to  exploration  and  purchase,  according  to  the  legal  subdivisions 
thereof,  as  before  the  passage  of  said  act;  and  that  any  bona  fide 
entries  of  such  lands  within  said  States,  since  the  passage  thereof, 
may  be  patented  without  reference  to  the  provisions  of  said  act. 

a.  effect  of  act. 

1.  Mineral  lands  in  certain  states  excepted. 

2.  Codification  of  act. 

3.  Iron  deposits  excepted. 

1.  mineral  lands  in  certain  states  excepted. 

This  act  excepted  the  mineral  lands  in  the  States  of  Texas,  Wisconsin,  and  Minne- 
sota from  the  operation  of  the  act  of  1872  and  declared  them  to  be  free  and  open  to 
exploration  and  purchase. 

Deffeback  v.  Hawke,  115  U.  S.  392,  p.  402. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  47. 

By  this  act  deposits  or  mines  of  iron  and  coal  in  Michigan,  Wisconsin,  and  Minne- 
sota are  expressly  excluded  from  the  operation  of  the  mining  act  of  1872,  and  lands 
containing  such  deposits  are  subject  to  sale  and  purchase  according  to  legal  subdivisions 
the  same  as  other  lands. 

Pacific  Coast  Marble  Co.  v.  Northen  Pac.  R.  Co.,  25  L.  D.  233,  p.  240. 

2.  codification  of  act. 

The  provisions  of  this  statute  and  of  all  other  mining  statutes,  as  originally  enacted, 
are  at  present  codified  and  embodied  in  sections  2318  to  2352  of  the  Revised  Statutes. 
Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233,  p.  235. 


1094  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

3.  IRON  DEPOSITS  EXCEPTED. 

This  act  expressly  excepts  deposits  or  mines  of  iron  in  Michigan,  Wisconsin,  and 
Minnesota  from  the  operation  of  the  act  of  May  10,  1872  (17  Stat.  91),  in  effect  saying 
that  prior  to  that  time  deposits  of  iron  ore  had  been  subject  to  the  operations  of  such 
act  in  the  States  named  and  that  such  deposits  remained  subject  to  its  operations  in 
States  not  named. 

Clements,  In  re,  Copp's  Min.  Dec.  214, 

18  STAT.  371,  MARCH  3,  1875. 

MINERAL  STATISTICS— RANCHO  PANOCHE  GRANDE  LANDS— INVES- 
TIGATION. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  for  the  Government  for 
the  fiscal  year  ending  June  30,  1876. 

Be  it  enacted,  etc.,  That  the  following  sums  be,  and  the  same  are 

hereby,  appropriated,  for  the  objects  hereinafter  expressed,  for  the 

fiscal  year  ending  June  30,  1876,  namely: 

******* 

For  collection  of  mining  and  mineral  statistics,  under  charge  of 
Prof.  Rossiter  W.  Raymond,  the  amount  to  be  immediately  avail- 
able, to  be  expended,  and  to  be  for  the  completion  of  the  work, 
$15,000.    *    *  * 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized 
and  directed  to  cause  a  careful  examination  to  be  made  for  the  pur- 
pose of  ascertaining  whether  any  person,  firm,  or  corporation  is  now 
occupying  any  larger  portion  of  the  lands  known  as  Rancho  Panoche 
Grande,  than  is  authorized  and  allowed  by  the  laws  relating  to  mining 
lands;  and  that  he  make  full  and  detailed  report  of  such  examination 
to  Congress  at  the  beginning  of  the  next  session;  and  to  enable  the 
Secretary  of  the  Interior  to  carry  into  effect  this  provision,  the  sum 
of  $5,000,  or  so  much  thereof  as  may  be  necessary,  is  hereby  appro- 
priated. 

A.  MINERAL  LANDS  IN  CALIFORNIA— PATENT. 

This  statute  offers  no  obstacle  to  the  hearing  or  the  determination  of  the  application 
of  the  New  Idria  Mining  Co.  for  a  patent  for  certain  mineral  lands  in  CaUfornia. 
New  Idria  Min.  Co.,  In  re,  15  Op.  Atty.  Genl.  388,  p.  393. 

19  STAT.  102,  p.  121,  JULY  31,  1876. 

CLASSIFICATION  OF  PUBLIC  LANDS— COAL  LANDS. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for 
the  fiscal  year  ending  June  30,  1877,  and  for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

For  the  survey  of  public  lands  and  private  land  claims,  $300,000: 
*  *  *  Provided,  That  no  lands  shall  be  surveyed  under  this 
appropriation,  except,  first,  those  adapted  to  agriculture  without 
artificial  irrigation;  irritable  lands,  or  such  as  can  be  redeemed  and 
for  which  there  is  sufficient  accessible  water  for  the  reclamation  and 
cultivation  of  the  same  not  otherwise  utilized  or  claimed;  third,  tim- 
ber lands  bearing  timber  of  commercial  value;  fourth,  coal  lands 
containing  coal  of  commercial  value;  fifth,  exterior  boundary  of 
town  sites;  sixth,  private  land  claims. 

H:  *  :jc  *  *  *  * 


PUBLIC  AND  MINERAL  LANDS,  PP.  1080-10a8. 


1095 


Similar  appropriations  for  the  survey  of  public  lands  and  private  land  claims  are 
found  in  the  following  statutes: 

19  Stat.  344,  p.  348;  Mar.  3,  1877. 

20  Stat.  206,  p.  229;  June  20,  1878. 

20  STAT.  377,  p.  392,  MARCH  3,  1879. 

INSPECTING  MINERAL  DEPOSITS  AND  COAL  FIELDS. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for 
the  fiscal  year  ending  June  30,  1880,  and  for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

Occasional  examinations  of  public  surveys  in  the  several  surveying 
districts,  in  order  to  test  the  accuracy  of  the  work  in  the  field,  inspect 
mineral  deposits,  coal  fields,  timber  districts,  etc.,  $8,000. 

Except  as  to  amounts  similar  appropriations  for  inspecting  mineral  deposits  and  coal 
fields,  including  the  mineral  resources  of  Alaska  and  reports  of  the  same,  are  found 
in  the  following  statutes: 

21  Stat.  259,  pp.  273,  274,  June  16,  1880. 

21  Stat.  435,  p.  451,  Mar.  3,  1881. 

22  Stat.  302,  pp.  327,  329,  Aug.  7,  1882. 

22  Stat.  603,  pp.  623,  624,  Mar.  3,  1883. 

23  Stat.  194,  pp.  211,  212,  July  7,  1884. 

23  Stat.  478,  p.  499,  Mar.  3,  1885. 

24  Stat.  222,  p.  240,  Aug.  4,  1886. 

24  Stat.  509,  p.  527,  Mar.  3,  1887. 

25  Stat.  505,  pp.  525,  527,  Oct.  2,  1888. 

25  Stat.  939,  pp.  959,  960,  Mar.  2,  1889. 

26  Stat.  371,  pp.  390,  391,  Aug.  30,  1890. 

26  Stat.  948,  pp.  971,  972,  Mar.  3,  1891. 

27  Stat.  349,  pp.  370,  371,  Aug.  5,  1892. 

27  Stat.  572,  pp.  592,  694,  Mar.  3,  1893. 

28  Stat.  372,  pp.  394,  398,  Aug.  18,  1894. 

28  Stat.  910,  pp.  937,  939,  940,  Mar.  2,  1895. 

29  Stat.  413,  pp.  434,  435,  436,  June  11,  1896. 

30  Stat.  11,  pp.  33,  37,  June  4,  1897. 
30  Stat.  597,  pp.  620,  622,  July  1,  1898. 

30  Stat.  1074,  p.  1098,  Mar.  3,  1899. 

31  Stat.  588,  pp.  616,  617,  June  6,  1900. 

31  Stat.  1133,  pp.  1160,  1161,  Mar.  3, 1901. 

32  Stat.  419,  pp.  454,  455,  June  28, 1902. 

32  Stat.  1083,  pp.  1117,  1118,  Mar.  3,  1903. 

33  Stat.  452,  pp.  484,  486,  Apr.  28,  1904. 

33  Stat.  1156,  pp.  1185,  1187;  Mar.  3,  1905. 

34  Stat.  679,  pp.  725,  727,  June  30,  1906. 

34  Stat.  1295,  pp.  1334,  1336,  Mar.  4,  1907. 

35  Stat.  317,  pp.  348,  349,  May  27,  1908. 

35  Stat.  945,  pp.  987,  988,  Mar.  4,  1909. 

36  Stat.  703,  pp.  741,  743,  June  25,  1910. 

36  Stat.  1363,  pp.  1416,  1418,  1419,  Mar.  4,  1911. 

37  Stat.  417,  pp.  456,  457,  Aug.  24,  1912. 

38  Stat.  4,  pp.  46,  47,  June  23,  1913. 

34  STAT.  88,  MARCH  27, 1906. 

CLASSIFYING  PUBLIC  LANDS— ALABAMA. 

AN  ACT  To  authorize  the  Secretary  of  the  Interior  to  reclassify  the  public  lands  of 

Alabama. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and  he 
is  hereby,  authorized  to  reclassify  the  public  lands  of  Alabama,  so  as 
to  determine  which  of  said  lands  are  in  fact  agricultural  lands  and 


1096  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


which  mineral  lands,  and  to  decide  which  of  said  lands  should  be  sub- 
ject to  homestead  entry,  and  to  that  end  he  is  hereby  authorized  and 
empowered  to  employ  such  expert  mineralogist,  assayists,  and  civil 
engineers  as  may  be  necessary  to  designate  and  survey  said  mineral 
and  agricultural  lands. 

34  STAT.  89,  MARCH  27,  1906. 

LEASING  LANDS— COLORADO. 

AN  ACT  Leasing  and  demising  certain  lands  in  La  Plata  County,  Colo.,  to  the  P.  F.  U. 

Rubber  Company. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  3.  That  nothing  herein  contained  shall  grant  or  convey  or 
be  held  to  grant  or  convey  to  said  company,  its  successors  or  assigns, 
during  such  time  as  it  or  they  may  hold  said  lands  under  the  lease 
hereby  authorized,  any  right,  license,  or  privilege  to  take  or  remove 
from  said  premises,  or  any  part  thereof,  any  growing  timber,  stone, 
clay,  ore,  metals,  or  minerals  of  any  kind  or  nature  whatsoever,  save 
and  except  such  timber  and  stone  as  may  be  necessary  for  the  imme- 
diate use  of  said  company,  its  successors  and  assigns,  in  the  building, 
erection,  or  maintenance  of  such  fences,  flumes,  ditches,  roads,  tele- 
phone, telegraph,  and  power  transmission  lines,  buildings,  and 
machinery:  Provided,  however.  That  no  patent  shall  issue  for  the  said 
lands  or  any  part  thereof  until  the  Secretary  of  the  Interior  shall 
ascertain  by  such  examination,  prospecting,  and  mineral  tests  as 
he  may  deem  necessary  and  proper  the  existence  of  any  valuable 
and  merchantable  deposits  of  coal  or  other  mineral  upon  such  prem- 
ises; and  any  such  merchantable  deposits  of  coal  or  other  mineral  so 
determined,  together  with  the  right  of  ingress  or  egress,  shall  be 
excluded  from  said  patent.  The  right  of  entry  and  egress  for  the 
purposes  of  such  examinations  and  tests  shall  further  be  reserved  in 
said  lease. 

Sec  4.  That  the  rights  and  privileges  hereby  granted  shall  not  be 
sold,  assigned,  transferred,  or  conveyed  to  any  person  or  persons, 
firm,  or  corporation  whatsoever,  save  and  except  upon  the  express 
permission  in  writing  of  the  Secretary  of  the  Interior.  And  in  case 
of  any  violation  of  this  provision  the  lease  and  privileges  hereby 
granted  shall  at  once  and  forever  cease  and  determine. 

34  STAT.  313,  JUNE  20,  1906. 

SPONGES— MINING. 
AN  ACT  To  regulate  the  landing,  delivery,  cure,  and  sale  of  sponges. 

Be  it  enacted,  etc.,  That  from  and  after  May  1,  1907,  it  shall  be 
unlawful  to  land,  dehver,  cure,  or  offer  for  sale  at  any  port  or  place 
in  the  United  States  any  sponges  taken  by  means  of  divmg  or  diving 
apparatus  from  the  waters  of  the  Gulf  of  Mexico  or  Straits  of  Florida: 
Provided,  That  sponges  taken  or  gathered  by  such  process  between 
October  1  and  May  1  of  each  year  in  a  greater  depth  of  water  than 
50  feet  shall  not  be  subject  to  the  provisions  of  tnis  act:  And  pro- 
vided further.  That  no  sponges  taKen  from  said  waters  shall  be 
landed,  delivered,  cured,  or  offered  for  sale  at  any  port  or  place  in 
the  United  States  of  a  smaller  size  than  4  inches  in  diameter. 


PUBLIC  AND  MINERAL  LANDS,  PP.  1080-1098. 


1097 


Sec.  2.  That  every  person  guilty  of  a  violation  of  this  act  shall  for 
each  offense  be  liable  to  a  fine  of  not  less  than  $100  or  more  than  $500, 
which  fine  shall  be  a  lien  against  the  vessel  on  which  the  offense  was 
committed.  And  every  vessel  used  or  employed  in  violation  of  this 
act  shall  be  liable  to  a  fine  of  not  less  than  $100  or  more  than  $500 
or  forfeiture,  and  shall  be  seized  and  proceeded  against  by  process 
of  libel  in  any  court  having  jurisdiction  of  the  offense. 

Sec.  3.  That  any  violation  of  this  act  shall  be  prosecuted  in  the 
district  court  of  the  United  States  of  the  district  wnerein  the  offense 
was  committed. 

Sec.  4.  That  it  shall  be  the  duty  of  the  Secretary  of  Commerce  and 
Labor  to  enforce  the  provisions  of  this  act,  and  upon  his  request  the 
Secretary  of  the  Treasury  and  Secretary  of  the  Navy  may  employ 
the  vessels  of  the  Revenue-Cutter  Service  and  of  the  Navy,  respec- 
tively, to  that  end. 

Note,— This  act  is  repealed  by  the  act  of  August  15,  1914. 

A.  SPONGE  MINING  ACT. 

1.  APPLICATION  OF  ACT  TO  SPONGES  IN  TIDE  WATERS. 

This  act  relates  only  to  sponges  taken  outside  of  the  territory  of  a  State. 
Abbey  Dodge,  In  re,  223  U.  S.  166,  p.  173. 

The  States  own  the  tide  waters  themselves,  as  well  as  the  products  thereof,  and 
Congress  has  no  control  over  sponges  growing  on  the  land  beneath  the  tide  water  within 
the  jurisdiction  of  a  State. 

Abbey  Dodge,  In  re,  223  U.  S.  166,  p.  173. 

39  STAT.  692,  AUGUST  15,  1914,  PUBLIC— NO.  172-63D  CONGRESS. 

NEW  SPONGE-MINING  ACT. 

AN  ACT  To  regulate  the  taking  or  catching  of  sponges  in  the  waters  of  the  Gulf  of 
Mexico  and  the  Straits  of  Florida  outside  of  State  jurisdiction;  the  landing,  deliver- 
ing, curing,  selling,  or  possession  of  the  same;  providing  means  of  enforcement 
of  the  same;  and  for  other  purposes. 

Be  it  enacted,  etc.,  That  on  and  after  the  approval  of  this  act  it 
shall  be  unlawful  for  any  citizen  of  tne  United  States,  or  person  owing 
duty  of  obedience  to  the  laws  of  the  United  States,  or  any  boat  or 
vessel  of  the  United  States,  or  person  belonging  to  or  on  any  such 
boat  or  vessel,  to  take  or  catch,  by  any  means  or  method,  in  the  waters 
of  the  Gulf  of  Mexico  or  the  Straits  of  Florida  outside  ot  State  terri- 
torial limits,  any  commercial  sponges  measuring  when  wet  less  than 
five  inches  in  their  maximum  diameter,  or  for  any  person  or  vessel  to 
land,  deliver,  cure,  offer  for  sale,  or  have  in  possession  at  any  port  or 
place  in  the  United  States,  or  on  any  boat  or  vessel  of  the  United 
States,  any  such  commercial  sponges. 

Sec.  2.  That  the  presence  of  sponges  of  a  diameter  of  less  than  five 
inches  on  any  vessel  or  boat  of  the  United  States  engaged  in  sponging 
in  the  waters  of  the  Gulf  of  Mexico  or  the  Straits  of  Florida  outside 
of  State  territorial  limits,  or  the  possession  of  any  sponges  of  less  than 
the  said  diameter  sold  or  delivered  by  such  vessel,  shall  be  prima  facie 
evidence  of  a  violation  of  this  act. 

56974°— Bull.  94,  pt  2—15  18 


1098  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Sec.  3.  That  every  person,  partnership,  or  association  guilty  of  a 
violation  of  this  act  shall  be  liable  to  a  fine  of  not  more  than  $500, 
and  in  addition  such  fine  shall  be  a  lien  against  the  vessel  or  boat  on 
which  the  offense  is  committed,  and  said  vessel  or  boat  shall  be  seized 
and  proceeded  against  by  process  of  libel  in  any  court  having  jurisdic- 
tion of  the  offense. 

Sec.  4.  That  any  violation  of  this  act  shall  be  prosecuted  in  the  dis- 
trict court  of  the  United  States  of  the  district  wherein  the  offender  is 
found  or  into  which  he  is  first  brought. 

Sec.  5.  That  it  shall  be  the  duty  of  the  Secretary  of  Commerce  to 
enforce  the  provisions  of  this  act,  and  he  is  authorized  to  empower 
such  officers  and  employees  of  the  Department  of  Commerce  as  he  may 
designate,  or  such  oflB.cers  and  employees  of  other  departments  as  may 
be  detailed  for  the  purpose,  to  make  arrests  and  seize  vessels  and 
sponges,  and  upon  his  request  the  Secretary  of  the  Treasury  may 
employ  the  vessels  of  the  Revenue  Cutter  Service  or  the  employees  of 
the  Customs  Service  to  that  end. 

Sec.  6.  That  the  act  approved  June  20,  1906,  entitled  ^'An  act 
to  regulate  the  landing,  delivery,  cure,  and  sale  of  sponges"  and  all 
other  laws  in  conflict  herewith  be,  and  the  same  hereby  are,  repealed. 

34  STAT.  517,  chap.  3554,  JUNE  27,  1906. 

SALE  OF  ISOLATED  TRACTS— NONMINERAL. 

AN  ACT  To  amend  an  act  entitled  "An  act  to  amend  section  2455  R.  S.,"  approved 

February  26,  1895. 

Be  it  enacted,  etc.,  That  the  act  of  February  26,  1895  (28  Stat.  687), 
entitled  ^^An  act  to  amend  section  2455  R.  S.,"  be,  and  the  same  is 
hereby,  amended  so  as  to  read  as  follows : 

'  'It  shall  be  la^vful  for  the  Commissioner  of  the  General  Land  Office 
to  order  into  market  and  sell,  at  pubhc  auction  at  the  land  office  of 
the  district  in  which  the  land  is  situated,  for  not  less  than  SI. 25  per 
acre,  any  isolated  or  disconnected  tract  or  parcel  of  the  pubHc  domain 
not  exceeding  one  quarter  section  which,  in  his  judgment,  it  would 
be  proper  to  expose  for  sale  after  at  least  30  days'  notice  by  the  land 
officers  of  the  district  in  which  such  land  may  be  situated:  Provided, 
That  this  act  shall  not  defeat  any  vested  right  which  has  already 
attached  under  any  pending  entry  or  location." 

A.  APPLICATION  FOR  ISOLATED  TRACTS— SHOWING  AS  TO 
ABSENCE  OF  MINERAL. 

This  act  requires  applicants  for  isolated  tracts  to  show  by  their  affidavits,  corrobo- 
rated by  at  least  two  witnesses,  that  the  land  applied  for  contains  no  salines,  coal,  or 
other  mineral,  and  the  purpose  of  this  is  that  the  land  office  may  have  information 
upon  which  to  base  its  action  and  to  enable  it  to  determine  whether  or  not  the  lands 
should  be  offered  at  public  sale,  but  affidavits  as  to  such  nonmineral  character  need 
not  be  by  the  purchaser  himself,  but  may  be  by  any  creditable  persons. 

McNee,  In  re,  40  L.  D.  494. 
See  Moses,  In  re,  31  L.  D.  320. 


RAILROAD  GRANTS. 


I.  MINERAL  LANDS  EXCLUDED. 

II.  RAILROAD  LANDS— CLASSIFICATION,  p.  1148. 

I.  MINERAL  LANDS  EXCLUDED. 

12  STAT.  489,  p.  492,  JULY  1,  1862. 

UNION  PACIFIC— MINERAL  LANDS  NOT  INCLUDED. 

AN  ACT  To  aid  in  the  construction  of  a  railroad  and  telegraph  line  from  the  Missouri 
River  to  the  Pacific  Ocean,  etc. 

:|:  H<  *  *  *  *  * 

Sec.  3.  And  be  it  further  enacted,  That  there  be,  and  is  hereby, 
granted  to  the  said  company,  for  the  purpose  of  aiding  in  the  con- 
struction of  said  railroad  and  telegraph  line,  and  to  secure  the  safe 
and  speedy  transportation  of  the  mails,  troops,  munitions  of  war, 
and  public  stores  thereon,  every  alternate  section  of  public  land, 
designated  by  odd  numbers,  to  the  amount  of  fi^'e  alternate  sections 
per  mile  on  each  side  of  said  railroad,  on  the  line  thereof  and  within 
the  limits  of  10  miles  on  each  side  of  said  road,  not  sold,  reserved, 
or  otherwise  disposed  of  by  the  United  States,  and  to  which  a  pre- 
emption or  a  homestead  claim  may  not  have  attached,  at  the  time 
the  line  of  said  road  is  definitely  fixed:  Provided,  That  all  mineral 
lands  shall  be  excepted  from  the  operation  of  this  act ;  but  where  the 
sama  shall  contain  timber,  the  timber  thereon  is  hereby  granted  to 
said  company.  And  all  such  lands,  so  granted  by  this  section,  which 
shall  not  be  sold  or  disposed  of  by  said  company  within  three  years 
after  the  entire  road  shall  have  been  completed,  shall  be  subject 
to  settlement  and  preemption,  like  other  lands,  at  a  price  not  exceed- 
ing $1.25  per  acre,  to  be  paid  to  said  company. 

A.  RAILROAD  GRANT— UNION  PACIFIC. 

B.  CONVEYANCE  BY  RAILROAD  COMPANY— RIGHT  AND  TITLE 
OF  PURCHASER,  p.  1107. 

A.  RAILROAD  GRANT— UNION  PACIFIC 

1.  Construction  and  effect. 

2.  Mineral  lands  excepted. 

3.  Mining  locations  within  limits. 

4.  Mineral  character  of  land. 

a.  Extent  and  value. 

b.  Known  mineral  character — Meaning. 

c.  Hearing  to  determine — Practice. 

d.  Determination — Effect-  Time  of  making. 

e.  Lands  returned  as  mineral — Burden  of  proof. 

1099 


1100 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


5.  nonmineral  lands  pass  under  grant. 

6.  List  of  lands  selected — Notice — Burden  of  troof. 

7.  Notice — Publication  and  posting. 

8.  Right  of  way  over  mineral  lands. 

9.  Patent. 

a.  Office  and  effect. 

b.  Meaning  and  extent  of  excepting  clause. 

c.  Subsequent  discovery  of  minerals — Effect  on 

TITLE. 

10.  Lands  valuable  for  stone. 

1.  construction  and  effect. 

The  words  employed  in  tlie  grant  of  lands  to  the  Central  Pacific  Railroad  Co.  are 
words  of  absolute  donation,  and  import  a  grant  in  prspsenti,  and  can  have  no  other 
meaning,  and  this  construction  has  been  uniformly  applied  by  the  Land  Department 
to  similar  grants. 

Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238,  p.  242. 
Leavenworth,  etc.,  U.  Co.  v.  United  States,  92  U.  S.  733,  p.  741. 
See  Mning  Co.  v.  Consolidated  Min.  Co.,  102  U.  S.  167. 

Under  this  grant  the  railroad  company  could  bind  itself  to  convey  to  a  purchaser 
any  land  within  a  section  granted  to  it. 
Rogers  v.  Cooney,  7  Nev.  213,  p.  216. 

The  presumption  is  that  the  intention  of  Congress  was  the  same  with  reference  to 
mineral  lands  reserved  from  the  grant  to  the  Northern  Pacific  Railroad  Co.  in  other 
States  as  was  expressly  declared  with  reference  to  lands  in  Montana  and  Idaho,  as 
declared  in  the  act  of  February  26,  1895  (2  Sup.  R.  S.  385). 

Northern  Pac.  R.  Co.  v.  Soderberg,  99  Fed.  506,  p.  508. 

Congress  did  not  intend  by  the  act  of  February  2,  1895,  to  interpret  the  reserva- 
tion clause  of  the  act  granting  land  to  the  Northern  Pacific  Railroad  Co.  so  as  to  give 
a  restricted  definition  to  the  word  "mineral,  "  as  the  test  did  not  relate  to  the  nature 
or  quality  of  the  mineral,  but  to  its  value. 

Northern  Pac.  R.  Co.  v.  Soderberg,  99  Fed.  506,  p.  508. 
See  Northern  Pac.  R.  Co.  v.  Soderberg,  104  Fed.  425,  p.  429. 

The  right  of  the  Government  is  involved  in  the  reservation  found  in  this  act,  as  the 
minerals  were  reserved  to  the  sovereign,  but  aside  from  the  reservations  a  legal  title 
passed  to  the  grantee. 

Adams  v.  Reed,  11  Utah,  480,  p.  497. 

See  Tarpey  v.  Deseret  Salt  Co.,  5  Utah,  494. 

2.  mineral  lands  excepted. 

In  the  grant  to  the  Central  Pacific  Railroad  Co.  the  mineral  lands  were  expressly 
reserved  not  only  by  the  statute  but  by  the  proclamation  of  the  President. 
AMiitney  v.  Taylor,  158  U.  S.  85,  p.  97. 

The  effect  of  the  broad  excepting  provision  of  the  act  effectually  excepts  all  mineral 
lands  from  the  grant  where  the  mineral  character  of  the  lands  is  discovered  prior  to 
the  issuance  of  the  patent  or  certificate  where  patent  is  not  required. 

Francoeur  v.  Newhouse,  40  Fed.  618. 

Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  603. 

Valentine  v.  Valentine,  47  Fed.  597. 

Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238,  p.  243. 

Bullock  V.  Central  Pac.  R.  Co.,  11  L.  D.  590,  p.  592. 

North  Star  Min.  Co.  v.  Central  Pac.  R.  Co.,  12  L.  D.  608. 


RAILROAD  GRANTS,  PP.  1099-1158.  1101 

Berry  v.  Central  Pac.  K.  Co.,  15  L.  D.  463,  p.  400. 

Florida  Central  &  Peninsular  K.  Co.,  In  re,  26  L.  D.  600,  p.  602. 

Eagle  Salt  Works,  In  re,  5  C.  L.  0.  4. 

Spons:,  In  re,  5  L:  D.  193. 

Merrill  v.  Dixon,  15  Nev.  401,  p.  404. 

Mineral  lands  do  not  pass  to  the  railroad  by  virtue  of  tliis  grant,  but  the  timber 
upon  mineral  land  ^\ithin  10  miles  of  the  center  Une  of  the  rqad  or  branches  is  granted 
to  the  railroad  company,  excepting  so  much  as  is  necessary  to  support  the  improvements 
of  mine  owners. 

Central  Pac.  R.  Co.  v.  Mammoth  Blue  Gravel  Co.,  1  C.  L.  O.  134. 
Lands  containing  valuable  deposits  of  salt  are  mineral  lands,  excluded  from  the 
operation  of  this  grant. 
Eagle  Salt  Works,  In  re,  5  C.  L.  O.  4. 

The  exception  of  mineral  lands  from  the  operation  of  this  act  found  in  tliis  section 
has  no  reference  to  the  grant  of  the  right  of  way  provided  for  in  section  2. 
Doran  v.  Central  Pac.  R.  Co.,  24  Cal.  246,  p.  254. 

A  discovery  of  mineral  at  any  time  prior  to  the  issue  of  a  patent  in  land  in  a  rail- 
road grant  will  defeat  the  grant,  and  a  purchaser  from  the  company  takes  only  in  the 
event  that  the  land  passes  under  the  grant. 

Bamstetter  v.  Central  Pac.  R.  Co.,  21  L.  D.  404,  p.  400. 

This  and  the  amendatory  act  (13  Stat.  350)  expressly  provide  that  no  lands  shall  be 
granted  to  the  railroad  company  which  are  mineral  in  character,  except  such  as  should 
contain  coal  or  iron. 

United  States  v.  Central  Pac.  R.  Co.,  93  Fed.  871,  p.  872. 

3.  MINING  LOCATIONS  WITHIN  LIMITS. 

It  has  been  the  uniform  practice  of  the  department  to  permit  and  maintain  mineral 
locations  within  the  geographic  limits  of  railroad  grants  based  upon  discoveries  made  at 
any  time  before  patent  or  certification,  where  patent  is  not  required. 

Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238,  p.  243. 
Adams  v.  Reed,  11  Utah  480,  p.  495. 

Mineral  lands  situated  within  the  limits  of  a  railroad  grant  are  subject  to  location  up 
to  the  time  of  the  issuance  of  patent  to  the  railroad,  company. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288. 
Van  Ness  v.  Rooney,  100  Cal.  131,  p.  130. 

4.  MINERAL  CHARACTER  OF  LAND, 
a.  EXTENT  AND  VALUE. 

In  excluding  mineral  lands  from  the  grant  to  the  Pacific  Railroad  Co.,  Congress  only 
intended  to  reserve  land  valuable  for  mining  purposes. 

Davis  V.  Weibbold,  139  U.  S.  507,  p.  520. 
Pacific  Coast  Min.,  etc.,  Co.  v.  Spargo,  16  Fed.  348. 
Cowell  V.  Lammers,  21  Fed.  200. 
Merrill  v.  Dixon,  15  Nev.  401. 

The  words  "mineral  lands"  used  in  this  statute  must  be  construed  in  a  practical 
sense,  and  with  reference  to  the  present  known  or  obviously  apparent  condition  of 
the  lands  granted. 

Francoeur  v.  Newhouse,  40  Fed.  618,  p.  621. 
Frjincoeur  v.  Newhouse,  43  Fed.  236,  p.  238. 
Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  595. 
See  Pacific  Coast  Min.,  etc.,  Co.  v.  Spargo,  16  Fed.  348. 
Cowell  V.  Lammers,  21  Fed.  200. 


1102  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


^lineral  land  must  be  such  that  the  deposit  is  of  substantial  value  and  such  as  can 
be  secured  with  profit. 

Berry  v.  Central  Pac.  R.  Co..  15  L.  D.  463,  p.  464. 
United  States  v.  Iron  Silver  Min.  Co.,  128  U.  S.  673. 

The  exception  of  mineral  lands  from  a  grant  to  a  railroad  company  does  not  exclude 
all  lands  in  which  minerals  may  be  found,  but  only  those  where  the  mineral  is  in 
sufiicient  quantity  to  add  to  their  richness  and  to  justify  expenditure  for  its  extraction. 

Berry  v.  Central  Pac.  R.  Co.,  15  L.  D.  463,  p.  464. 
See  Davis  v.  Weibbold,  139  U.  S.  507. 

The  fact  that  parts  of  the  land  claimed  under  this  grant  contained  particles  of  gold 
or  veins  of  gold-bearing  quartz  rock  would  not  necessarily  impress  it  with  the  character 
of  mineral  land,  but  it  must  be  shown  that  the  land  contains  metal  in  quantities 
sufiicient  to  render  it  available  and  valuable  for  mining  purposes. 

Berry  v.  Central  Pac.  R.  Co.,  15  L.  D.  463,  p.  465. 
Alford  V.  Barnum,  45  Cal.  482. 

The  discovery  of  the  mineral  character  of  land  at  any  time  prior  to  the  issuance  of 
patent,  or  certification  where  patent  is  not  required,  will  exclude  such  lands  from  this 
grant,  and  it  is  not  necessary  that  known  mines  should  exist  at  the  time  of  the  grant 
in  order  to  exclude  mineral  lands. 

Berry  v.  Central  Pac.  R.  Co.,  15  L.  D.  463,  p.  466. 
See  Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238. 

To  constitute  the  exemption  contemplated  by  this  act  there  should  be  upon  the  land 
in  controversy  ascertained  coal  deposits  of  such  extent  and  value  as  to  make  the  land 
more  valuable  to  work  as  a  coal  mine  under  existing  conditions  than  for  merely  agri- 
cultural purposes,  and  the  surface  indications  of  the  existence  of  veins  of  coal  need  not 
constitute  a  known  mine  within  the  meaning  of  the  act,  but  the  question  must  be 
determined  according  to  the  facts  in  existence  at  the  time  of  the  sale. 

Berry  v.  Central  Pac.  R.  Co.,  15  L.  D.  463,  p.  465. 
Colorado  Coal  &  Iron  Co.  v.  United  States,  123  U.  S.  307. 

b.   KNOWN  MINERAL  CHARACTER — MEANING. 

The  term  "mineral  lands,"  as  used  in  this  act,  means  lands  known  to  be  mineral  at 
the  time  the  grant  took  effect,  or  which  there  were  satisfactory  reasons  to  believe  were 
such  at  such  time. 

Pacific  Coast  Min.,  etc.,  Co.  v.  Spargo,  16  Fed.  348. 
Cowell  V.  Lammers,  21  Fed.  200,  p.  206. 
Francoeur  v.  Newhouse,  43  Fed.  236,  p.  238. 
Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  602. 
Francoeur  v.  Newhouse,  40  Fed.  618,  p.  621. 
Valentine  v.  Valentine,  47  Fed.  597,  p.  598. 
Northern  Pac.  R.  Co.  v.  Walker,  47  Fed.  681,  p.  684. 
Smith  V.  Hill,  89  Cal.  122,  p.  126. 
See  Deffeback  v.  Hawke,  115  U.  S.  392,  p.  404. 

Colorado  Coal  &  Iron  Co.  v.  United  States,  123  U.  S.  307,  p.  326. 

By  the  exception  of  mineral  lands  from  the  grant  to  the  Central  Pacific  Railroad  Co., 
Congress  meant  not  only  lands  mineral  in  fact,  but  lands  known  to  be  mineral,  or  such 
as  are  apparently  mineral  and  generally  recognized  as  such. 

Francoeur  v.  Newhouse,  40  Fed.  618,  p.  621. 
Francoeur  v.  Newhouse,  43  P'ed.  236,  p.  240. 
Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  595. 
See  Pacific  Coast  Min.,  etc.,  Co.  v.  Spai'go,  16  Fed.  348. 
Cowell  V.  Lammers,  21  Fed.  200. 


EAILROAD  GRANTS,  PP.  1099-1158. 


1103 


Under  these  grants  lands  only  were  reserved  as  mineral  lands  which  were  known  to 
be  such  at  the  time  the  grant  attached  and  when  the  line  of  the  road  became  definitely 
fixed. 

Francoeur  v.  Newhouse,  43  Fed.  236. 

Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  604. 

C.  HEARING  TO  DETERMINE. — PRACTICE. 

Where  lands  claimed  by  the  company  as  nonmineral  were  returned  by  the  surveyor 
general  as  mineral  and  the  evidence  is  insufficient  to  show  its  nonmineral  character, 
the  land  office  may  order  a  hearing  to  be  had  before  the  local  land  officers,  after  due 
notice,  to  ascertain  the  true  character  of  the  lands. 

Central  Pac.  R.  Co.,  In  re,  13  L.  D.  603,  p.  606. 

At  a  hearing  the  claimant  and  witnesses  must  be  thoroughly  examined  with  regard 
to  the  character  of  the  land,  whether  it  has  been  thoroughly  prospected,  or  whether 
or  not  there  exists  any  lode  or  vein  of  quartz  or  other  rock  in  place  bearing  mineral 
which  has  been  claimed,  located,  or  worked,  and  whether  such  work  has  been  aban- 
doned ;  to  what  extent  mining  is  carried  on,  and  the  submission  of  the  usual  nonmineral 
affidavit  is  not  sufficient  to  enable  the  department  to  determine  as  to  the  real  character 
of  the  land. 

Central  Pac.  R.  Co.,  In  re,  5  C.  L.  0.  2. 

A  contestant  who  alleges  the  mineral  character  of  land  that  is  prima  facie  agricul- 
tural must  show  affirmatively  the  existence  of  mineral  in  quantities  sufficient  to  make 
the  land  more  valuable  for  mining  than  for  agricultural  purposes. 

Berry  v.  Central  Pac.  R.  Co.,  15  L.  D.  463,  p.  464. 
See  Tinkham  v.  McCaffrey,  13  L.  D.  517. 

Proceedings  had  in  a  case  arising  upon  a  protest  by  one  party  should  not  bar  a  further 
investigation  upon  an  application  by  another  person. 
Zadig  V.  Central  Pac.  R.  Co.,  20  L.  D.  26,  p.  27. 

The  fact  that  lands  conveyed  to  the  Central  Pacific  Railroad  Co.  had  been  surveyed 
at  a  time  when  mineral  lands  were  not  authorized  to  be  surveyed  and  the  plats  filed 
without  designating  the  lands  as  mineral  is  prima  facie  evidence  that  they  were  not 
mineral  in  character  and  included  in  the  congressional  grant  and  patentable  as  such. 

Cowell  V.  Lammers,  21  Fed.  200,  p.  205. 

d.  DETERMINATION — EFFECT — TIME  OF  MAKING. 

There  must  be  some  point  of  time  in  law  when  the  character  of  public  land  as  to 
its  being  mineral  or  otherwise  must  be  finally  determined  and  the  best  point  for  such 
determination  is  at  the  time  of  issuing  the  patent. 

Cowell  V.  Lammers,  21  Fed.  200,  p.  206. 

Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  606. 

The  Land  Department  has  jurisdiction  until  patent  or  certification  to  the  railroad 
company  to  determine  whether  any  of  the  lands  within  the  lateral  limits  of  the  grant 
had  been  at  the  time  the  line  of  the  road  was  definitely  fixed,  sold,  reserved,  or  other- 
wise disposed  of,  or  were  for  any  reason  excepted  from  the  grant,  and  hence  has  juris- 
diction to  determine  whether  tlie  lands  are  mineral  and  for  that  reason  excepted  from 
the  grant. 

Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238,  p.  243. 
Searle  Placer,  In  re,  11  L.  D.  441,  p.  442. 
Bullock  V.  Central  Pac.  R.  Co.,  11  L.  D.  590. 


1104  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


If  the  lands  are  discovered  to  be  mineral,  or  if  prior  to  patent  or  certification,  where 
patent  is  not  requii'ed,  this  fact  is  brought  to  the  attention  of  the  Land  Department 
the  discovery  proves  the  lands  to  have  been  mineral  at  the  date  mentioned,  and  this 
discovery  serves  to  bring  the  lands  within  the  excepting  clause  of  the  gi-ant,  and  as 
no  date  is  fixed  in  the  grant  in  which  the  mineral  character  of  the  lands  must  be 
known  in  order  to  bring  them  within  the  exception,  hence,  if  they  are  in  fact  mineral 
they  are  within  the  exception  whether  their  mineral  character  is  known  at  the  time 
of  definite  location  or  approval  of  survey  or  not. 

Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238,  p.  243. 

See  Burke  v.  Southern  Pac.  R.  Co.  234  U.  S.  669. 

The  Land  Department  retains  jurisdiction  to  determine  the  character  of  the  land, 
whether  claimed  under  this  gi-ant  or  the  mining  laws,  until  patent  issues. 

North  Star  Min.  Co.  v.  Central  Pac.  R.  Co.,  12  L.  D.  608. 
See  Searle  Placer,  In  re,  11  L.  D.  441. 

A  finding  by  the  department  upon  an  ex  parte  proceeding  that  certain  land  is  agri- 
cultural in  character  does  not  prevent  the  department  from  ordering  a  hearing  upon 
the  application  of  a  mineral  claimant  for  land  returned  as  mineral. 

North  Star  Min.  Co.  v.  Central  Pac.  R.  Co.,  12  L.  D.  608,  p.  609. 

The  effect  of  a  decision  in  a  previous  proceeding  as  to  the  nonmineral  character  of 
lands  within  a  railroad  grant  returned  as  mineral  is  very  different  from  an  adjudica- 
tion arising  from  the  assertion  of  claim  under  the  settlement  laws  as  against  the  return 
of  the  sur\^eyor  general,  and  in  the  latter  case  the  adjudication  being  that  the  land  is 
nonmineral  will  estop  subsequent  inquiry  as  to  the  character  of  the  land  as  against 
such  a  claim  in  the  absence  of  a  charge  of  fraud  in  the  first  proceedings. 

Barnstetter  v.  Central  Pac.  R.  Co.,  21  L.  D.  464,  p.  466. 

A  judgment  that  a  specific  tract  included  in  a  railroad  grant  is  in  fact  agricultural 
will  not  preclude  a  subsequent  inquiiy  on  the  protest  of  a  mineral  claimant  prior 
to  the  issue  of  a  patent. 

Barnstetter  v.  Central  Pac.  R.  Co.,  21  L.  D.  464,  p.  466. 
Oregon  &  California  R.  Co.  v.  Puckett,  39  L.  D.  169,  p.  171. 

Under  this  grant  any  time  before  exploration  for  minerals  and  the  issuance  of  patents 
the  Government  can,  upon  the  discovery  of  minerals,  not  only  refuse  patent  for  lands 
containing  minerals  but  disposes  of  them  to  other  than  the  gi'antee,  as  such  grant 
expressly  excepted  all  mineral  land  whether  there  was  knowledge  of  the  existence 
of  mineral  deposits  or  not,  and  if  minerals  were  discovered  at  any  time  before  patent 
no  title  passes. 

Adams  v.  Reed,  11  Utah  480,  pp.  491,  494. 

See  St.  Paul  &  Pac.  R.  Co.  v.  Northern  Pac.  R.  Co.,  139  U.  S.  1. 
Deseret  Salt  Co.  v.  Tarpey,  142  U.  S.  241. 
Ankeny  v.  Clark,  148  U.  S.  345. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  p.  332. 

e.  LANDS  RETURNED  AS  MINERAL — BURDEN  OP  PROOF. 

WTiere  lands  have  been  returned  by  the  surveyor  general  as  mineral,  the  burden 
of  proof  is  upon  the  company  to  show  that  such  tracts  claimed  by  it  are  nonmineral. 
Central  Pac.  R.  Co.,  In  re,  13  L.  D.  603,  p.  606. 

5.  NONMINERAL  LANDS  PASS  UNDER  GRANT. 

A  patent  regularly  issued  by  tlie  United  States  to  the  railroad  company,  without 
fraud  or  mistake  on  the  part  of  the  land  officers  or  the  company,  was  a  determination 
by  the  proper  tribunal  that  the  lands  covered  by  the  patent  were  not  mineral  at  the 


RAILROAD  GRANTS,  PP.  1099-1158. 


1105 


date  of  the  issuance  of  the  patent  under  tlie  j)roviso  of  this  act,  as  the  statutory  ex- 
ception of  mineral  hinds  apply  only  to  lands  known  to  contain  valuable  minerals 
prior  to  the  issuance  of  the  patent. 

Spong,  In  re,  5  L.  D.  193,  p.  194. 

See  Deffeback  v.  Hawke,  115  U.  S.  392,  p.  401. 

United  States  v.  San  Pedro,  etc.,  Co.,  4  N.  Mex.  225,  p.  294. 

An  odd-numbered  section  within  the  primary  limits  of  this  railroad  grant,  returned 
by  the  surveyor  general,  as  of  a  class  subject  to  the  operation  of  the  grant,  passes  to 
the  railroad  company  under  the  grant. 

McCloud  V.  Central  Pac.  R.  R.  Co.,  29  L.  D.  27,  p.  29. 

WTiere  local  officers  have  found  that  lands  included  within  this  grant  are  nonmineral 
lands  they  pass  to  the  company  by  virtue  of  the  grant. 
Central  Pac.  R.  Co.,  In  re,  8  L.  D.  30. 

The  land  in  controversy  was  excepted  from  the  operation  of  this  grant  by  reason 
of  a  preemption  filing  and  settlement  made  thereon  by  a  qualified  settler  at  the  date 
the  right  of  the  company  attached  to  its  grant. 

Austin  V.  Luey,  21  L.  D.  507. 

See  Central  Pac.  R.  Co.  v.  Luey,  120  Lands  &  Railroads  Records,  223. 

6.  LIST  OF  LANDS  SELECTED  NOTICE — BURDEN  OF  PROOF. 

When  the  railroad  company  presents  a  list  of  lands  for  selection  with  the  proper 
nonmineral  affidavit,  30  days  are  given  by  publication,  in  which  any  person  may 
show  that  any  tract  included  in  the  selection  is  mineral;  but  the  burden  is  on  the 
party  so  alleging,  and  a  hearing  may  be  ordered  at  the  expense  of  the  mineral  affiant 
to  determine  the  mineral  character  of  any  such  tract. 

Central  Pac.  R.  Co.,  In  re,  8  C.  L.  0.  6. 

Where  irregularity  of  the  proceedings  attending  the  fiUng  of  the  list  of  lands  is 
shown,  and  the  fact  that  contests  have  been  initiated  affecting  the  character  of  a  large 
number  of  the  tracts  listed,  and  where  recent  investigations  indicate  the  character 
of  many  other  tracts  as  mineral,  the  entire  list  should  be  rejected,  reserving  to  the  rail- 
road company  to  select  such  of  the  lands  in  the  list  as  may  not  be  shown  to  be  mineral 
in  character. 

Central  Pac.  R.  Co.,  In  re,  13  C.  L.  O.  269. 

See  Buttz  v.  Northern  Pac.  R.  Co.,  119  U.  S.  55. 

The  failure  of  the  railroad  company  to  list  lands  determined  by  local  officers  to  be 
nonmineral  will  not  defeat  the  effect  of  proceedings  instituted  to  determine  that  ques- 
tion. 

Central  Pac.  R.  Co.,  In  re,  8  L.  D.  30. 
Central  Pac.  R.  Co.,  In  re,  13  L.  D.  603. 

7.  NOTICE  PUBLICATION  AND  POSTING. 

The  publication  and  posting  of  notice  of  a  hearing  on  an  application  by  a  mineral 
claimant  of  a  part  of  an  odd-numbered  section,  within  the  limits  of  this  grant,  is  not 
sufficient  notice  to  the  company. 

McCloud  V.  Central  Pac.  R.  Co.,  29  L.  D.  27,  p.  29. 

8.  RIGHT  OF  WAY  OVER  MINERAL  LANDS. 

The  right  of  way  granted  to  the  railroad  company  by  this  act  includes  a  right  of  way 
over  mineral  lands  as  well  as  over  other  public  lands. 
Doran  v.  Central  Pac.  R.  Co.,  24  Cal.  246,  p.  253. 


1106  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


9.  PATENT. 

a.   OFFICE  AND  EFFECT. 

The  fact  that  the  office  of  a  patent  is  to  define  and  identify  the  land  granted  and  to 
evidence  the  title  which  vests  by  the  act  necessarily  implies  the  existence  of  juris- 
diction in  some  tribunal  to  ascertain  and  determine  what  lands  were  subject  to  the 
grant  and  capable  of  passing  thereunder,  and  under  this  jurisdiction  the  department 
refuses  to  issue  patents  to  railroad  companies  for  lands  found  to  be  mineral  in  character 
at  any  time  before  the  date  of  the  patent. 

Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238,  p.  246. 

The  issuance  of  a  patent  under  this  act  is  a  determination  by  the  proper  tribunal 
that  the  lands  covered  by  the  patent  were  granted  to  the  railroad  company  and  were 
not,  in  fact,  mineral  lands  at  the  date  of  the  patent. 

Sponge,  In  re,  13  C.  L.  O.  207. 

A  clause  of  exception  and  exclusion  as  to  mineral  lands  in  a  patent  in  no  way  affects 
the  rights  of  the  parties  given  by  this  statute,  and  the  same  force  and  effect  must  be 
given  to  the  patent  upon  collateral  attack  as  it  would  have  received  had  such  excep- 
tion been  omitted. 

Cowell  V.  Lammers,  21  Fed.  200,  p.  208. 

b.  MEANING  AND  EXTENT  OP  EXCEPTING  CLAUSE. 

The  excepting  clause  in  the  patent  to  the  Central  Pacific  Railroad  Co. ,  excluding 
all  mineral  lands,  other  than  coal  and  iron  lands,  from  such  transfer,  means  lands 
known  to  contain  valuable  minerals  prior  to  the  issuing  of  such  patent  and  subsequent 
discoveries  can  not  affect  the  title  of  the  company  to  the  land. 

Cowell  V.  Lammers,  21  Fed.  200,  p.  202. 

There  is  no  authority  for  issuing  a  patent  which  in  effect  says  that  if  the  lands  herein 
described  turn  out  to  be  agricultural  lands  then  they  are  granted,  but  if  they  turn  out 
to  be  mineral  lands  then  they  are  not  granted. 

Cowell  V.  Lammers,  21  Fed.  200,  p.  208. 

C.  SUBSEQUENT  DISCOVERY  OF  MINERALS — EFFECT  ON  TITLE. 

In  the  grant  of  lands  to  the  Central  Pacific  Railroad  Co. ,  Congress  did  not  intend  to 
exclude  lands  on  which  mineral  should  be  subsequently  discovered,  but  which  did 
not  fall  within  the  statutory  contemplation  of  mineral  lands  at  the  time  of  the  grant. 

Francoeur  v.  Newhouse,  40  Fed.  618,  p.  621. 
Francoeur  v.  Newhouse,  43  Fed.  236,  p.  238. 

The  discovery  of  a  gold  mine  after  lands  were  granted  to  the  Central  Pacific  Rail- 
road Co.,  and  title  had  vested,  did  not  defeat  the  title,  where  such  lands  were  not 
known  to  be  mineral  at  the  time  of  the  grant. 

Francoeur  v.  Newhouse,  40  Fed.  618. 
Valentine  v.  Valentine,  47  Fed.  597. 
Northern  Pac.  R.  Co.  v.  Walker,  47  Fed.  681,  p.  683. 

The  discovery  of  gold-bearing  quartz  in  lands  many  years  after  their  grant  to  a  rail- 
road company  will  not  defeat  the  grant,  where  there  was  nothing  appearing  at  the 
time  to  take  the  lands  out  of  the  operation  of  the  grant. 

Francoeur  v.  Newhouse,  40  Fed.  618,  p.  622. 
Francoeur  v.  Newhouse,  43  Fed.  236,  p.  238. 

The  discovery  of  the  mineral  character  of  land  within  the  lateral  limits  of  this 
grant  after  the  date  when  the  railroad  company  acquired  possession,  established  the 
fact  that  such  lands  were  always  mineral  lands  and  brings  them  clearly  within  the 


RAILROAD  GRANTS,  PP.  1099-1158. 


1107 


excepting  clause  of  tlie  grant,  and  they  are  no  less  mineral  lands  because  not  known 
to  be  such  at  the  date  of  this  grant  or  at  the  date  the  railroad  company  acquired  pos- 
session. 

Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238,  p.  243. 
BuUock  V.  Central  Pac.  R.  Co.,  11  L.  D.  590. 

10.  LANDS  VALUABLE  FOR  STONE. 

Where  Congress  has  chosen  the  word  '  'mineral "  as  including  lands  chiefly  valuable 
for  stone,  to  define  a  class  of  lands  reserved  from  the  grant  to  such  railroad  company, 
the  courts  have  no  authority  to  narrow  or  limit  the  definition  in  order  to  enhance  the 
value  of  the  grant,  and  to  diminish  the  rights  of  the  general  public,  and  the  fact  of  an 
exception  of  coal  and  iron  does  not  justify  such  a  construction. 

Northern  Pac.  R.  Co.  v.  Soderberg,  99  Fed.  506,  p.  507. 
See  Northern  Pac.  R.  Co.  v.  Soderberg,  104  Fed.  425. 

B.  CONVEYANCE  BY  RAILROAD  COMPANY— RIGHT  AND  TITLE  OF 

PURCHASER. 

The  Central  Pacific  Railroad  Co.  can  not  make  a  valid  grant  of  a  tract  of  land  on 
which  mining  has  been  carried  on,  and  which  was  believed  to  be  mineral  land,  and 
when  the  land  agent  of  the  railroad  company  informed  the  purchaser  that  its  status 
as  mineral  land  would  be  sustained. 

Valentine  v.  Valentine,  47  Fed.  597,  p.  599. 

The  good  faith  of  a  purchaser  of  lands  from  a  railroad  company  as  patentee  under  a 
railroad  grant,  as  well  as  the  validity  of  the  original  patent,  is  to  be  determined  by  the 
known  character  of  the  land  at  the  date  of  the  original  patent. 

United  States  v.  Central  Pac.  R.  Co.,  93  Fed.  871,  p.  873. 

Mineral  lands  excepted  from  the  operation  of  this  grant  to  the  railroad  company 
were  excluded  and  excepted  by  all  patents  issued  conveying  lands  described  to  the 
railroad  company,  and  the  purchaser  of  any  such  land  from  the  railroad  company  has 
the  right  to  cut  wood  or  timber  thereon. 

Merrill  v.  Dixon,  15  Nev.  401,  p.  405. 

13  STAT.  356,  p.  358,  JULY  2,  1864. 

AMENDMENT  TO  12  STAT.  489— UNION  PACIFIC. 

AN  ACT  To  amend  an  act  entitled  "An  act  to  aid  in  the  construction  of  a  railroad 
and  telegraph  line  from  the  Missouri  River  to  the  Pacific  Ocean,  etc.,"  (12  Stat. 
489). 

Be  it  enacted,  etc.,    *    *  * 

Sec.  4.  And  be  it  further  enacted,  That  section  3  of  said  act  be 
hereby  amended  by  striking  out  the  word  ''five,"  where  the  same 
occurs  in  said  section,  and  by  inserting  in  Heu  thereof  the  word 
"ten,"  and  by  striking  out  the  word  ''ten,"  where  the  same  occurs  in 
said  section,  and  by  inserting  in  Ueu  thereof  the  word  "twenty." 
And  section  7  of  said  act  is  hereby  amended  by  striking  out  the  word 
"fifteen,"  where  the  same  occurs  in  said  section,  and  inserting  in 
Heu  thereof  the  word  "twenty-five."  And  the  term  "mineral  land," 
wherever  the  same  occurs  in  this  act,  and  the  act  to  which  this  is  an 
amendment,  shall  not  be  construed  to  include  coal  and  iron  land. 
And  any  lands  granted  by  this  act,  or  the  act  to  which  this  is  an 
amendment,  shall  not  defeat  or  impair  any  preemption,  homestead, 
swamp  land,  or  other  lawful  claim,  nor  include  any  Government 
reservation  or  mineral  lands,  or  the  improvements  of  any  bona  fide 
settler,  or  any  lands  returned  and  denominated  as  mineral  lands,  and 


1108  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

the  timber  necessary  to  support  his  said  improvenients  as  a  miner, 
or  agriculturist,  to  oe  ascertained  under  such  rules  as  have  been  or 
may  be  established  by  the  Commissioner  of  the  General  Land  Office, 
in  conformity  with  the  provisions  of  the  preemption  laws:  Provided, 
That  the  quantity  thus  exempted  by  the  operation  of  this  act,  and  the 
act  to  which  this  act  is  an  amendment,  shall  not  exceed  160  acres  for 
each  settler  who  claims  as  an  agriculturist,  and  such  quantity  for 
each  settler  who  claims  as  a  miner,  as  the  said  commissioner  may 
establish  by  general  regulation:  Provided,  also,  That  the  phrase 
''but  where  the  same  shall  contain  timber,  the  timber  thereon  is 
hereby  granted  to  said  company,"  in  the  proviso  to  said  section  3, 
shall  not  apply  to  the  timber  growing  or  being  on  any  land  farther 
than  10  miles  from  the  center  line  of  any  one  of  said  roads  or  branches 
mentioned  in  said  act,  or  in  this  act.  And  all  lands  shall  be  excluded 
from  the  operation  of  this  act,  and  of  the  act  to  which  this  act  is  an 
amendment,  which  were  located,  or  selected  to  be  located,  under  the 
provisions  of  an  act  entitled  ''An  act  donating  lands  to  the  several 
States  and  Territories  which  may  provide  colleges  for  the  benefits 
of  agriculture  and  the  mechanic  arts,"  approved  July  2, 1862.  *  *  * 

A.  CONSTRUCTION  OF  AMENDED  ACT. 

B.  RAILROAD  GRANT— UNION  PACIFIC. 

C.  COAL  AND  IRON  NOT  INCLUDED  IN  MINERAL  LANDS,  p.  1110. 

A.  CONSTRUCTION  OF  AMENDED  ACT. 

See  12  Stat.  489,  p.  1099. 

Section  4  is  construed  in  the  light  of  the  general  principle  that  Congress,  in  the  act 
of  making  these  grants  of  public  lands,  is  not  supposed  to  exercise  its  liberality  at  the 
expense  of  preexisting  rights,  which,  though  imperfect,  were  still  meritorious  and 
have  just  claims  to  legislative  protection. 

Broder  v.  Water  Co.,  101  U.  S.  274,  p.  276. 

The  reservation  clause  of  this  act  is  much  more  liberal  in  extending  protection  of 
preexisting  rights  than  in  the  reservation  clause  in  previous  grants.  Both  the  prior 
reservations  made  by  the  Government  and  rights  of  preemption  are  excepted,  as  well 
as  the  improvements  of  bona  fide  settlers  on  land  returned  or  denominated  mineral 
land,  and  the  timber  necessary  to  support  the  miner's  improvements  and  any  other 
lawful  claim,  evidenced  by  improvements  or  other  acts  of  possession. 

Broder  v.  Water  Co.,  101  U.  S.  274,  p.  277. 

B.  RAILROAD  GRANT— UNION  PACIFIC. 

1.  Policy  of  government  to  exclude  minerals. 

2.  Minerals  and  mineral  lands  excepted. 

3.  Mining  claims — Exception  and  meaning. 

4.  Minerals  and  improvements  excepted. 

5.  Coal  and  iron  lands  not  excepted. 

1.  policy  of  government  to  exclude  minerals. 

The  policy  of  Congress,  as  expressed  in  the  grants  to  aid  in  the  construction  of  rail- 
roads (14  Stat.  83;  14  Stat.  94;  14  Stat.  239;  14  Stat.  292;  14  Stat.  548;  16  Stat.  573), 
has  always  been  to  exclude  the  mineral  lands  and  reserve  them  for  special  disposition. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  p.  317. 
Whitney  v.  Taylor,  158  U.  S.  85,  p.  97. 


RAILROAD  GRANTS,  PP.  1099-1158. 


1109 


The  reservation  of  mineral  lands  in  the  several  railroad  grants  was  intended  to  keep 
them  under  the  control  of  the  Government  for  the  public  good  in  the  development  of 
the  mineral  resources  of  the  country. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  p.  319. 

2.  MINERALS  AND  MINERAL  LANDS  EXCEPTED. 

By  this  section  the  grant  to  the  Pacific  Railroad  Companies  did  not  include  mineral 
lands. 

Mining  Co.  v.  Consolidated  Min.  Co.,  102  U.  S.  167,  p.  174. 
Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238,  p.  242. 
Bullock  V.  Central  Pac.  R.  Co.,  11  L.  D.  590. 

All  mineral  lands  are  expressly  excepted  from  the  operation  of  this  grant,  and  the 
amendatory  act  expressly  provides  that  the  grant  shall  not  include  any  mineral  lands. 
Chicago  Quartz  Min.  Co.  v.  OUver,  75  Cal.  194,  p.  196. 

In  all  these  grants  (12  Stat.  489;  13  Stat.  356;  14  Stat.  83;  14  Stat.  94;  14  Stat.  239; 
14  Stat.  292;  14  Stat.  548;  16  Stat.  573)  minerals,  except  iron  and  coal,  have  uni- 
formly been  reserved,  and  in  no  instance  has  such  a  grant  been  held  to  pass  minerals. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  p.  317. 
Traphagen  v.  Kirk,  30  Mont.  562,  p.  572. 

3.  MINING  CLAIMS  EXCEPTION  AND  MEANING. 

This  act,  by  its  grant  to  the  Northern  Pacific  Railroad  Company,  expressly  excepts  all 
lands  to  which  the  United  States  did  not  have  title  free  from  preemption  or  other 
claims  or  rights,  and  all  mining  claims  properly  located  at  the  time  of  the  location 
of  the  lode  were  excluded  from  the  grant. 

Northern  Pac.  R.  Co.  v.  Sanders,  166  U.  S.  620,  p.  630. 

All  applications  of  record  for  the  purchase  of  lands  as  mineral  lands  are  ''claims" 
within  the  meaning  of  this  statute,  and  were  excepted  from  its  operation,  and  did 
not  come  under  the  grant  to  the  railroad  company,  though  the  applications  were 
finally  rejected,  because  the  lands  were  ascertained  not  to  be  mineral  lands. 

Northern  Pac.  R.  Co.  v.  Sanders,  166  U.  S.  620,  p.  630. 

The  privilege  of  exploring  for  mineral  lands  was  in  full  force  at  the  time  of  the 
location  of  the  Northern  Pacific  Railroad,  and  the  right  was  reserved  and  excepted 
out  of  the  grant  to  the  company. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  p.  320. 
Northern  Pac.  R.  Co.  v.  Sanders,  166  U.  S.  620,  p.  635. 
United  States  v.  Oregon,  etc.,  R.  Co.,  176  U.  S.  28,  p.  45. 

4.  MINERALS  AND  IMPROVEMENTS  EXCEPTED. 

The  prior  reservations  made  by  the  governor  and  rights  of  preemption  are  excepted, 
as  well  as  the  improvements  of  bona  fide  settlers  on  lands  returned  as  mineral,  together 
with  the  timber  necessary  to  support  the  miners'  improvements,  and  any  other  lawful 
claim. 

Broder  v.  Water  Co.,  101  U.  S.  274,  p.  277. 

In  the  original  statute  the  word  "or"  is  erroneously  substituted,  for  the  word  "on," 
and  it  is  only  the  improvements  of  a  bona  fide  settler  on  lands  returned  and  denomi- 
nated as  mineral  lands  that  are  referred  to  in  the  act. 

McLaughlin  v.  Menotti,  105  Cal.  572. 


1110 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


This  statute  is  considered  to  mean  that  the  lands  granted  shall  not  include  any 
mineral  lands,  or  the  improvements  of  any  bona  fide  settler  on  any  lands  returned  aa 
mineral. 

Merrill  v.  Dixon,  15  Nev.  401,  p.  407. 

5.  COAL  AND  IRON  LANDS  NOT  EXCEPTED. 

This  section  provides  that  the  amendment  shall  not  be  construed  so  as  to  include 
coal  and  iron  land,  thus  plainly  including  such  land  in  the  grant  to  the  railroad  com- 
pany whenever  found  upon  the  odd  sections  granted. 

Union  Pac.  R.  Co.  v.  Crisraon,  Copp's  Min.  Lands,  340. 

Rocky  Mountain  Coal  &  Iron  Co.,  In  re,  1  C.  L.  O.  1. 

Under  this  act  mineral  lands  are  excluded  from  the  grant  to  the  Union  Pacific 
Railroad  Co.,  but  provides  that  the  term  "mineral  land"  shall  not  include  coal  and 
iron  lands. 

Union  Pac.  R.  Co.  v.  Crismon,  In  re,  2  C.  L.  O.  67. 

Under  this  act  coal  lands  to  which  rights  had  attached  under  the  act  of  March  3, 
1865  (13  Stat.  529),  before  the  line  of  the  railroad  was  definitely  fixed  at  such  lands, 
were  excluded  from  the  grant  to  the  railroad  company. 

Union  Pac.  R.  Co.  v.  Crismon,  Copp's  Min.  Lands,  340,  p.  341. 

C.  COAL  AND  IRON  NOT  INCLUDED  IN  MINERAL  LANDS. 

This  act  amending  the  act  of  1862  (12  Stat.  492),  declares  that  the  term  "mineral 
lands"  shall  not  be  construed  to  include  coal  and  iron  lands. 
Davis  V.  Weibbold,  139  U.  S.  507,  p.  517. 

By  the  express  provisions  of  these  statutes  the  term  "mineral  lands"  does  not  in- 
clude coal  and  iron  lands. 

Davis  V.  Weibbold,  139  U.  S.  507,  p.  519. 
Alford  V.  Barnum,  45  Cal.  482. 
Spong,  In  re,  5  L.  D.  193. 

These  statutes  making  grants  to  the  Union  Pacific  Railroad  Co.  expressly  declare 
that  all  mineral  lands  other  than  coal  and  iron  were  excepted  from  the  grant. 
Deffeback  v.  Hawke,  115  U.  S.  392,  p.  401. 

14  STAT.  79,  JULY  3,  1866. 

AMENDMENT  TO  12  STAT.  489— UNION  PACIFIC. 

AN  ACT  To  amend  an  act  entitled  "An  act  to  amend  an  act  entitled  'An  act  to  aid 
in  the  construction  of  a  railroad  and  telegraph  line  from  the  Missouri  River  to  the 
Pacific  Ocean,'  etc.,  approved  July  1,  1862"  (12  Stat.  489),  approved  July  2,  1864 
(13  Stat.  356). 

Be  it  enacted,  etc.,  That  the  Union  Pacific  Railway  Company, 
eastern  division,  is  hereby  authorized  to  designate  the  general  route 
of  their  said  road  and  to  file  a  map  thereof,  as  now  required  by  law, 
at  any  time  beiore  December  1,  1866;  and  upon  the  fifing  of  said 
map,  showing  the  general  route  of  said  road,  the  lands  along  the 
entire  fine  thereof,  so  far  as  the  same  may  be  designated,  shall  be 
reserved  from  sale  by  order  of  the  Secretary  of  the  Interior.    *    *  * 

Note. — This  act  makes  no  reservation  of  or  reference  to  minerals  or  mineral  lands. 


RAILROAD  GRANTS,  PP.  1099-1158. 


1111 


A.  RAILROAD  GRANT— KANSAS. 
1.  MINERAL  LANDS  RESERVED. 

The  act  of  July  1,  1862  (12  Stat.  489),  and  the  amendatory  act  of  July  2,  1864  (13 
Stat.  356),  granting  lands  to  Kansas  to  aid  in  the  construction  of  railroads,  expressly 
reserved  all  mineral  lands  from  the  grant. 

Kansas  Pac.  R.  Co.  v.  Atchison,  etc.,  R.  Co.,  112  U.  S.  414,  p.  417. 

Tucker  v.  Masser,  113  U.  S.  203,  p.'  204. 

Kansas  Pac.  R.  Co.  v.  Dunmeyer,  113  U.  S.  629,  p.  646. 

See  Deseret  Salt  Co.  v.  Tarpey,  142  U.  S.  241,  p.  246. 

13  STAT.  66,  p.  67,  MAY  5,  1864. 

MINERAL  LANDS  RESERVED. 
AN  ACT  Granting  lands  to  aid  in  the  cons|;ruction  of  railroads  in  Wisconsin. 

Be  it  enacted,  etc.,  That  there  be,  and  is  hereby,  granted  to  the 
State  of  Wisconbin,  for  the  purpose  of  aiding  in  the  construction  of 
a  railroad  from  a  point  on  the  Saint  Croix  Eiver  or  Lake,  *  *  * 
to  the  west  end  of  Lake  Superior,  *  *  *  every  alternate  section 
of  public  lands  designated  by  odd  numbers,  for  10  sections  in  width 
on  each  side  of  said  road,  deducting  any  and  all  lands  that  may  have 
been  granted  to  the  State  of  Wisconsin  for  the  same  purpose,  by  the 
act  of  Congress  of  June  3,  1856  (11  Stat.  20),  upon  the  same  terms 
and  conditions.    *    *  * 

Sec.  6.  And  be  it  further  enacted.  That  any  and  all  lands  reserved 
to  the  United  States  by  any  act  of  Congress  for  the  purpose  of  aiding 
in  any  object  of  internal  improvement,  or  in  any  manner  for  any 
purpose  whatsoever,  and  all  mineral  lands  be  and  the  same  are  hereby 
reserved  and  excluded  from  the  operation  of  this  act,  except  so  far 
as  it  may  be  found  necessary  to  locate  the  route  of  such  railroads 
through  such  reserved  lands,  in  which  case  the  right  of  way  only 
shall  be  granted,  subject  to  the  approval  of  the  President  of  the 
United  States. 

A.  RAILROAD  GRANT— WISCONSIN. 

1.  Mineral  lands  excluded. 

2.  Lands  known  to  contain  mineral — Kelief. 

3.  Issuance  of  patent — Effect. 

4.  Jurisdiction  of  Land  Department — Termination. 

1.  mineral  lands  excluded. 

All  mineral  lands  were  reserved  and  excluded  from  the  operation  of  this  act  except 
80  much  thereof  as  were  embraced  in  the  right  of  way  through  such  reserved  mineral 
lands. 

Courtright  v.  Wisconsin  Central  R.  Co.,  19  L.  D.  410. 

The  reservation  and  exclusion  of  mineral  lands  under  thi^  act  had  reference  to 
lands  known  to  be  mineral  at  the  date  of  the  grant,  and  a  discovery  of  mineral  after 
the  grant  attached  and  patent  issued  can  not  defeat  the  title. 

Courtright  v.  Wisconsin  Central  R.  Co.  19  L.  D.  410,  p.  411. 


1112  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


2.  LANDS  KNOWN  TO  CONTAIN  MINERAL — RELIEF. 

If  lands  in  controversy  within  this  grant  contain  minerals  in  paying  quantities  and 
the  fact  was  known  to  the  officers  of  the  company  at  the  date  of  the  selection  or  at  the 
time  of  the  patent  and  they  concealed  this  fact  from  the  department,  such  conduct 
was  a  fraud  upon  the  Government  and  the  courts  can  grant  relief. 

Courtright  v.  Wisconsin  Central  R.  Co.,  19  L.  D.  410,  p.  413. 

3.  ISSUANCE  OF  PATENT  EFFECT. 

A  patent  issued  in  proper  form  upon  judgment  rendered  after  due  examination  by 
the  officers  charged  with  its  preparation  and  issue  would,  unless  set  aside  and  annulled 
by  direct  proceedings,  prevent  the  Government  from  showing  that  the  lands  were 
mineral. 

Courtright  v.  Wisconsin  Central  R.  Co.,  19  L.  D.  410,  p.  413. 
Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  p.  330. 

Under  such  a  grant  if  patent  has  issued  without  fraud,  though  unadvisedly  by  offi- 
cers of  the  Government,  the  consequences  must  be  borne  by  the  Government  and  the 
issuing  of  patent  to  the  company  is  a  determination  by  the  department  that  the  lands 
embraced  therein  are  not  mineral  in  character. 

Courtright  v.  Wisconsin  Central  R.  Co.,  19  L.  D.  410,  p.  413. 
See  Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288. 

4.  JURISDICTION  OF  LAND  DEPARTMENT — TERMINATION. 

Under  grants  of  this  character  the  department  has  jurisdiction,  and  it  is  its  duty 
to  inquire  into  the  character  of  lands  up  to  the  date  of  patent. 

Courtright  v.  Wisconsin  Central  R.  Co.,  19  L.  D.  410,  p.  412. 
See  Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288. 

When  a  patent  has  issued  for  a  mining  claim  or  any  portion  of  the  public  domain  the 
jurisdiction  of  the  Land  Department  ceases  as  to  the  land  so  patented. 
Courtright  v.  Wisconsin  Central  R.  Co.,  19  L.  D.  410,  p.  411. 

13  STAT.  365,  JULY  2,  1864. 

NORTHERN  PACIFIC— MINERAL  LANDS  EXCLUDED. 

AN  ACT  Granting  lands  to  aid  in  the  construction  of  a  railroad  and  telegraph  line 
from  Lake  Superior  to  Puget  Sound,  etc. 

Be  it  enacted,  etc.,  That  (numerous  persons  named)  are  hereby 
created  and  elected  into  a  body  corporate  and  pohtic,  in  deed  and 
in  law,  by  the  name,  style,  and  title  of  the  Northern  Pacific  Rail- 
road Company,"  *  *  *  ^j^^j  gg^j^j  corporation  is  hereby  author- 
ized and  empowered  to  lay  out,  locate,  construct,  furnish,  maintain, 
and  enjoy  a  continuous  railroad  and  telegraph  line,  with  the  appur- 
tenances, namely,  beginning  at  a  point  on  Lake  Superior,  in  the 
State  of  Minnesota  or  Wisconsin;  thence  westerly  by  the  most  eUgible 
railroad  route  *  *  *  to  some  point  on  Puget  Sound,  with  a 
branch,  via  the  valley  of  the  Columbia  River,  to  a  point  at  or  near 
Portland,  in  the  State  of  Oregon.    *    *  * 

Sec.  3.  And  be  it  further  enacted,  That  there  be,  and  hereby  is, 
granted  to  the    Northern  Pacific  Railroad  Company,"  its  successors 


KAILROAD  GEANTS,  PP.  1090-1158. 


1113 


and  assigns,  for  the  purpose  of  aiding  in  the  construction  of  said  rail- 
road and  telegraph  line  to  the  Paciiic  coast,  and  to  secure  the  safe 
and  speedy  transportation  of  the  mails,  troops,  munitions  of  war, 
and  public  stores,  over  the  route  of  said  line  of  railway,  every  alter- 
nate section  of  public  land,  not  mineral,  designated  by  odd  numbers, 
to  the  amount  of  20  alternate  sections  per  mile,  on  each  side  of  said 
railroad  line,  as  said  company  may  adopt,  through  the  Territories 
of  the  United  States,  and  10  alternate  sections  of  land  per  mile  on 
each  side  of  said  railroad  whenever  it  passes  through  any  State, 
and  whenever  on  the  line  thereof,  the  United  States  have  full  title, 
not  reserved,  sold,  granted,  or  otherwise  appropriated,  and  free 
from  preemption,  or  other  claims  or  rights,  at  the  time  the  line  of 
said  road  is  definitely  fixed,  and  a  plat  thereof  filed  in  the  office  of 
the  Commissioner  of  the  General  Land  Office;  and  whenever,  prior 
to  said  time,  any  of  said  sections  or  parts  of  sections  shall  have  been 
granted,  sold,  reserved,  occupied  by  homestead  settlers,  or  pre- 
empted, or  otherwise  disposed  of,  other  lands  shall  be  selected  by 
said  company  in  lieu  thereof,  under  the  direction  of  the  Secretary 
of  the  Interior,  in  alternate  sections,  and  designated  by  odd  numbers, 
not  more  than  10  miles  beyond  the  limits  of  said  alternate  sections: 
Provided,  That  if  said  route  shall  be  found  upon  the  line  of  any  other 
railroad  route  to  aid  in  the  construction  of  which  lands  have  been 
heretofore  granted  by  the  United  States,  as  far  as  the  routes  are 
upon  the  same  general  line,  the  amount  of  land  heretofore  granted 
shall  be  deducted  from  the  amount  granted  by  this  act:  Provided, 
further.  That  the  railroad  company  receiving  the  previous  grant  of 
land  may  assign  their  interest  to  said  Northern  Pacific  Kailroad 
Company,"  or  may  consolidate,  confederate,  and  associate  with  said 
company  upon  the  terms  named  in  the  first  section  of  this  act: 
Provided,  further,  That  all  mineral  lands  be,  and  the  same  are  hereby, 
excluded  from  the  oj)erations  of  this  act,  and  in  lieu  thereof  a  like 
quantity  of  unoccupied  and  unappropriated  agricultural  lands,  in 
odd-numbered  sections,  nearest  to  the  line  of  said  road  (and  within 
50  miles  thereof),  may  be  selected  as  above  provided:  And  provided, 
further,  That  the  word  '^mineral,"  when  it  occurs  in  this  act,  shall 
not  be  held  to  include  iron  or  coal:  And  provided,  further.  That  no 
money  shall  be  drawn  from  the  Treasury  of  the  United  States  to 
aid  in  the  construction  of  said  '^Northern  Pacific  Railroad." 

Note. — The  words  "and  within  50  miles  thereof,"  inclosed  in  parentheses  in  the 
third  proviso  in  this  section  do  not  appear  in  the  statutes  at  large,  but  are  found  in 
the  act  as  passed  and  approved,  and  as  recorded  in  the  State  Department. 

See  Northern  Pacific  Land  Grant,  In  re,  41  L.  D.  571;  29  Op.  Atty.  Gen.  498. 
56974°— Bull.  94,  pt  2—15  19 


1114 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


A.  RAILROAD  GRANT— NORTHERN  PACIFIC. 

B.  MINERAL  CHARACTER  OF  LAND,  p.  1118. 

C.  SETTLEMENT  ON  COAL  LAND  —  EFFECT  AND  PROTECTION, 
p.  1122. 

D.  INDEMNITY  LANDS— SELECTION  AND  LOCATION,  p.  1123. 

E.  CONVEYANCE  BY  RAILROAD  COMPANY— RIGHT  OF  PUR- 
CHASER, p.  1124. 

F.  PATENT,  p.  1124. 

A.  RAILROAD  GRANT— NORTHERN  PACIFIC. 

1.  Policy  of  Government  as  to  mineral  lands. 

2.  nonmineral  lands  only  included 

3.  Mineral  lands  excepted. 

4.  '^Mineral" — Meaning  and  application — Coal  and  iron. 

5.  Stone  and  fire  clay  as  minerals. 

6.  Mining  claims  excepted  from  railroad  grant. 

7.  nonmineral  lands  not  excepted  as  mining  claims. 

1.  policy  of  government  as  to  mineral  lands. 

See  13  Stat.  529,  p.  1273. 

The  policy  of  the  Government  is  to  bestow  the  mineral  and  agricultural  lands  on 
those  who  will  develop  them. 
Northern  Pac.  R.  Co.  v.  Sanders,  49  Fed.  129,  p.  133. 

Considering  the  settled  policy  of  the  Government  in  regard  to  its  mineral  lands, 
the  rules  of  construction  of  legislative  grants,  and  the  limited  knowledge  which  pre- 
vailed in  regard  to  the  mineral  resources  along  the  line  of  the  Northern  Pacific  road 
at  the  date  of  the  grant  to  it,  such  grant  cannot  be  extended  to  exclude  lands  not  then 
known  to  be  mineral  lands. 

Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  614. 

2.  NONMINERAL  LANDS  ONLY  INCLUDED. 

The  grant  to  the  railroad  company  applies  in  terms  only  to  lands  that  are  not  mineral 
and  not  to  lands  or  lots  considered  to  be  mineral. 

Barden  v.  Northern  Pac.R.  Co.,  19  L.  D.  188,  p.  189. 
See  Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288. 

By  this  grant  the  Northern  Pacific  Railroad  Co.  was  given  alternate  sections  of 
land  not  mineral. 
Traphagen  v.  Kirk,  30  Mont.  562,  p.  571. 

Nonmineral  land  passes  to  the  railroad  company  under  this  grant  and  such  land 
can  not  be  appropriated  or  entered  as  a  mill  site. 
Mongrain  v.  Northern  Pac.  R.  Co.,  18  L.  D.  105,  p.  106. 

The  reservations  in  the  grant  to  the  Northern  Pacific  Railroad  Co.  were  made  in 
contemplation  of  existing  laws  and  future  legislation. 
Northern  Pac.  R.  Co.  v.  Sanders,  49  Fed.  129,  p.  134. 

3.  MINERAL  LANDS  EXCEPTED. 

Congress  by  these  acts  cut  off  every  possible  suggestion  that  the  grant  under  the 
statutes  did  not  reserve  the  mineral  lands. 
Barden  v.  Northern  Pac.  R.  Co.  154  U.  S.  288,  p.  312. 
See  13  Stat.  567,  p.  1273. 


RAILROAD  GRANTS,  PP.  1099-1158.  1115 

This  section  (3)  expressly  provides  that  all  mineral  lands  shall  l)C  excluded  from 
the  operation  of  the  act. 

Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  603. 
Northern  Pac.  R.  Co.  v.  Sanders,  49  Fed.  129,  p.  132. 
United  States  v.  Northern  Pac.  R.  Co.,  103  Fed.  389. 
O'Connor  v.  Northern  Pac.  R.  Co.,  15  I..  D.  247,  p.  249. 
Casey  v.  Northern  Pac.  R.  Co.,  15  L.  D.  439,  p.  440. 

All  mineral  lands  other  than  coal  and  iron  are  excluded  from  the  grant  to  the  North- 
ern Pacific  Railroad  Co.,  whether  known  or  unknown  at  the  time  the  rights  of  the 
railroad  company  thereto  attached,  whether  by  definite  location  or  selection. 

Northern  Pac.  R.  Co.,  In  re,  32  L.  D.  342. 

Under  this  section  (3)  the  railroad  company  could  take  no  mineral  land,  or  any 
lands  returned  and  denominated  as  mineral  lands,  as  a  part  of  its  grant. 

McLaughlin  v.  Menotti,  89  Cal.  354,  p.  363. 
McLaughlin  v.  Menotti,  105  Cal.  572,  p.  573. 

4.   ''mineral"  MEANING  AND  APPLICATION — COAL  AND  IRON. 

The  term  "mineral  lands"  was  used  by  Congress  in  the  sense  in  which  the  term  was 
used  by  practical  men  engaged  in  the  mining  industry  at  the  date  of  the  enactment. 
Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  610. 

Contemporaneous  construction  of  the  word  "mineral"  by  the  officers  of  the  Govern- 
ment whose  duty  it  is  to  construe  the  land  laws  is  of  persuasive  force  in  case  of  am- 
biguity or  doubt. 

Northern  Pac.  R.  Co.  v.  Soderberg,  104  Fed.  425,  p.  430. 
See  Barden  v.  Northern  Pac.  R.  Co.  154  U.  S.  288. 

The  word  "ncdneral"  used  in  the  various  statutes  is  not  limited  to  the  precious 
metals,  but  may  include  iron,  stone,  and  coal. 

Northern  Pac.  R.  Co.  v.  Soderberg,  188  U.  S.  526,  p.  529. 
Morgan  v.  United  States,  169  Fed  242,  p.  248. 
See  MuUan  v.  United  States,  118  U.  S.  271. 

There  is  nothing  in  the  act  granting  lands  to  the  Northern  Pacific  Railroad  Co., 
or  in  any  contemporary  legislation,  that  manifests  an  intention  on  the  part  of  Congress 
to  restrict  or  limit  the  meaning  of  the  term  "mineral  lands, "  as  used  in  this  act,  to 
metallifereous  minerals  only. 

Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233,  p.  246. 

In  these  grants.  Congress  deemed  it  necessary,  in  order  to  take  coal  lands  out  of  the 
general  exception  of  mineral  lands  from  the  grant,  to  specifically  provide  that  in  these 
acts  the  words  "mineral  lands"  shall  not  be  held  to  include  coal  lands. 

Northern  Pac.  R.  Co.,  v.  Collins,  14  L.  D.  484,  p.  488. 
Crowder,  In  re,  30  L.  D.  92,  p.  95. 

The  provision  in  this  act  to  the  effect  that  the  word  "  mineral "  shall  not  include 
iron  and  coal  does  not  change  the  effect  of  the  act  of  March  2,  1899  (30  Stat.  994),  as 
the  latter  is  complete  in  itself,  and  under  it  no  lands  can  be  selected  which  are  valua- 
ble for  their  deposits  of  coal. 

Brown  v.  Northern  Pac.  R.  Co.,  31  L.  D.  29,  p.  31. 

All  mineral  lands  are  expressly  excluded  from  the  operation  of  this  grant,  but  the 
word  "mineral,"  as  used  in  this  act,  shall  not  be  held  to  include  iron  or  coal,  and 
ample  provision  for  indemnity  is  made  in  the  grant  for  all  losses  on  account  of  min- 
eral land. 

Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233,  p.  235. 


1116  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


5.  STONE  AND  FIRE  CLAY  AS  MINERALS. 

Lands  valuable  for  building  stone  or  for  granite  quarries  are  mineral  lands  within 
the  meaning  of  this  statute  and  are  reserved  from  the  grant  to  the  Northern  Pacific 
Railroad  Co. 

Northern  Pac.  R.  Co.  v.  Soderberg,  188  U.  S.  526,  p.  533. 
Northern  Pac.  R.  Co.  v.  Soderberg,  99  Fed.  506. 
Northern  Pac.  R.  Co.  v.  Soderberg,  104  Fed.  425,  p.  427. 

Lands  of  vastly  more  value  on  account  of  sandstone  than  for  agricultural  purposes 
did  not  pass  under  the  grant  to  the  railroad,  but  should  be  classified  as  mineral. 

Morrill  v.  Northern  Pac.  R.  Co.,  30  L.  D.  475.  p.  480. 
See  Beaudette  v.  Northern  Pac.  R.  Co.,  29  L.  D.  248. 

Lands  valuable  solely  or  chiefly  for  granite  quarries  are  mineral  lands  within  the 
exceptions  of  this  act  in  the  grant  of  lands  to  the  Northern  Pacific  Railroad  Co. 
Northern  Pac.  R.  Co.  v.  Soderberg,  188  U.  S.  526,  p.  529. 

If  the  reservation  of  mineral  lands  in  this  act  was  not  sufficient  to  include  lands 
valuable  chiefly  for  granite  quarries,  Congress  retained  the  power  to  subsequently 
enlarge  the  reservation  before  any  rights  were  vested,  as  the  grant  was  that  of  lands 
not  otherwise  reserved  or  appropriated  at  the  time  of  the  definite  location  of  the  road. 

Northern  Pac.  R.  Co.  v.  Soderberg,  104  Fed.  425,  p.  429. 

See  Menotti  v.  Dillon,  167  U.  S.  703. 

Northern  Pac.  R.  Co.  v.  Sanders,  49  Fed.  129,  p.  134. 

Lands  valuable  for  deposits  of  fire  clay  come  within  the  exception  of  mineral  lands 
in  this  grant. 

AUdritt  V.  Northern  Pac.  R.  Co.,  25  L.  D.  349,  p.  350. 

6.  MINING  CLAIMS  EXCEPTED  FROM  RAILROAD  GRANT. 

The  grant  to  the  Northern  Pacific  Railroad  Co.  under  this  section  did  not  include 
lands  which  had  been  entered  as  mining  claims  and  for  which  applications  for  patents 
were  pending  when  the  plat  of  the  road  was  filed,  though  such  claims  were  subse- 
quently held  invalid,  and  the  lands  declared  to  be  agricultural  instead  of  mineral. 

Northern  Pac.  R.  Co.  v.  Sanders,  46  Fed.  239,  p.  249. 

A  prospector  could  enter  upon  the  lands  granted  to  the  Northern  Pacific  Railroad 
Co.  before  actual  location  of  the  road  and  select  and  locate  in  good  faith  a  mining 
claim,  though  it  subsequently  appeared  that  the  land  was  not  in  fact  mineral. 

Northern  Pac.  R.  Co.  v.  Sanders,  49  Fed.  129,  p.  136. 
Northern  Pac.  R.  Co.  v.  Cannon,  54  Fed.  252,  p.  254. 

Congress  could  initiate  mineral  rights  in  lands  granted  the  Northern  Pacific  Rail- 
road Co.  after  the  grant  and  before  the  actual  location  of  the  road. 
Northern  Pac.  R.  Co.  v.  Sanders,  49  Fed.  129,  p.  134. 

Claims  to  mineral  lands  could  be  initiated  by  discovery,  possession,  and  develop- 
ment according  to  the  customs  and  laws  of  miners  at  and  previous  to  the  grant  to  the 
Northern  Pacific  Railroad  Co. 

Northern  Pac.  R.  Co.  v.  Sanders,  49  Fed.  129,  p.  134.  ^ 

A  mineral  application  duly  recorded  is  an  appropriation  of  the  land  covered  thereby, 
and  constitutes  a  "claim"  within  the  meaning  of  the  grant  to  the  Northern  Pacific 
Railroad  Co.^  excepting  from  the  operation  of  such  grant  "preemption  or  other  claims 
or  rights"  at  the  time  the  line  of  said  road  is  definitely  fixed,  and  such  land  does  not 


RAILROAD  GRANTS,  PP.  1099-1158. 


1117 


pass  to  the  railroad  company  even  if,  subseqnently  to  the  definite  location  of  the  road 
the  applications  were  finally  rejected  because  of  the  fact  that  the  land  was  not  mineral 
land. 

Northern  Pac.  R.  Co.  v.  Sanders,  166  U.  S.  620,  pp.  633,  637. 
Montana  Central  R.  Co.,  In  re,  25  L.  D.  250. 
Sanders  V.  Northern  Pac.  R.  Co.,  25  L.  D.  272. 
Northern  Pac.  R.  Co.  v.  Allen,  27  L.  D.  286,  p.  288. 

Mineral  applications  made  after  the  filing  of  the  map  of  general  route  by  the  railroad 
company  and  before  the  definite  location  of  its  road,  and  which  have  not  been  can- 
celed, serve  to  except  the  tracts  embraced  in  such  applications  from  the  operation 
of  this  grant. 

Sanders  v.  Northern  Pac.  R.  Co.,  25  L.  D.  272. 
See  Sanders  v.  Northern  Pac.  R.  Co.,  15  L.  D.  187. 

Lands  containing  valuable  mineral  deposits  are  excepted  from  this  grant  and  their 
location  under  the  mining  laws  confers  upon  the  locators  property  rights  of  the  highest 
character,  but  they  obtain  no  such  right  to  nonmineral  lands. 

Northern  Pac.  R.  Co.  v.  Allen,  27  L.  D.  286,  p.  288. 

The  "other  lawful  claim"  referred  to  in  section  is  a  claim  which  has  become  in 
some  way  so  connected  with  the  paramount  source  of  title  as  to  be  recognized  as  a  claim 
by  the  laws  of  the  United  States. 

McLaughlin  v.  Menotti,  89  Cal.  354,  p.  363. 

At  the  time  of  the  passage  of  this  act  there  was  no  act  of  Congress  under  which  a 
right  or  claim  could  be  initiated  to  mineral  land,  but  the  regulations  and  customs  of 
miners  as  enforced  and  molded  by  the  courts  and  sanctioned  by  legislatures  constituted 
the  law  governing  property  in  mines  and  in  water  on  the  public  mineral  lands. 

Northern  Pac.  R.  Co.  v.  Sanders,  166  U.  S.  620,  p.  634. 
See  Jennison  v.  Kirk,  98  U.  S.  453,  p.  458. 

The  general  descriptive  words  of  this  act  are  not  qualified  by  the  words  of  specific 
import  and  are  not  nullified  by  including  in  the  exceptions  and  reservations  of  the 
grant  the  lands  subject  to  the  claims  of  miners  and  prospectors  under  the  mineral- 
land  laws. 

Northern  Pac.  R.  Co.  v.  Sanders,  49  Fed.  129,  p.  132. 

United  States  statutes  authorize  the  conveyance  by  the  Government  of  mineral 
lands  located,  held,  and  worked  according  to  local  customs,  laws,  and  regulations  of 
miners. 

Northern  Pac.  R.  Co.  v.  Sanders,  49  Fed.  129,  p.  134. 

7.  NONMINERAL  LANDS  NOT  EXCEPTED  AS  MINING  CLAIMS. 

Nonmineral  lands  are  not  excepted  from  the  provisions  of  this  grant  because  of  a 
claim  made  under  the  mining  laws,  unless  such  claim  was  asserted  before  the  local 
land  office  and  is  pending  of  record  at  the  time  the  line  of  the  road  is  definitely  fixed. 

Northern  Pac.  R.  Co.  v.  Allen,  27  L.  D.  286,  p.  288. 

When  the  railroad  company  has  the  legal  title,  though  out  of  possession,  it  may 
maintain  ejectment  against  persons  holding  under  an  invalid  patent  obtained  to  land 
as  a  mining  claim,  though  in  fact  such  land  was  known  to  be  valuable  only  for  agri- 
cultural purposes. 

Northern  Pac.  R.  Co.  v.  Cannon,  46  Fed.  224. 
See  Northern  Pac.  R.  Co.  v.  Cannon,  46  Fed.  237. 
Northern  Pac.  R.  Co.  v.  Cannon,  54  Fed.  252. 


1118  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Wliere  the  proof  sliows  the  existence  of  a  valid  mining  location  on  landiL  within  the 
grant  to  a  railroad  company  the  bm'den  of  proof  is  then  upon  the  company  to  show 
that  the  land  is  nonmineral  in  character. 

Sweeney  v.  Northern  Pac.  E.  Co.,  20  L.  D.  394,  p.  395. 

B.  MINERAL  CHARACTER  OF  LAND. 

1.  Determination — Hearing. 

2.  Question  of  fact — Proof. 

3.  Jurisdiction  of  Land  Department. 

4.  Determination  of  department  conclusive. 

5.  Effect  of  return  of  surveyor — Presumption. 

6.  Time  of  determination. 

a.  Location  of  road. 

b.  Open  until  patent  issues. 

7.  Extent  and  value  of  minerals. 

1.  determination  HEARING. 

The  railroad  company  may,  as  any  other  claimant  for  lands  classified  as  coal  lands, 
dispute  such  classification,  and  in  such  case  is  entitled  to  a  hearing  that  any  lands  so 
disputed  are  more  valuable  for  agricultural  purposes  than  for  the  coal  they  contain, 
but  so  long  as  the  classification  stands  the  lands  are  subject  to  disposal  only  under 
the  coal-land  laws. 

Northern  Pac.  R.  Co.,  In  re,  39  L.  D.  314,  p.  315. 

When  a  controversy  arises  as  to  whether  lands  gi-anted  are  known  mineral  lands  it 
may  be  safely  submitted  to  a  jury  for  determination. 
Northern  Pac.  R.  Co.  v.  Bard  en,  46  Fed.  592,  p.  599. 

A  claim  that  lands  in  a  certain  railroad  grant  are  in  fact  mineral  in  character  will  not 
defeat  the  rights  of  a  mineral  claimant  who  sets  up  a  specific  claim  to  be  subsequently 
heard  on  a  similar  allegation  as  to  the  character  of  the  land  in  the  event  that  the  first 
proceedings  fail. 

Barnstetter  v.  Central  Pac.  R.  Co.,  21  L.  D.  464,  p.  466. 
See  Zadig  v.  Central  Pac.  R.  Co.,  20  L.  D.  26. 

Oregon,  etc.,  R.  Co.  v.  Puckett,  39  L.  D.  169,  p.  171. 

A  railroad  company  should  be  required  to  show  affirmatively  that  land  within  its 
grant  and  which  it  claimed  is  nonmineral  before  a  hearing  is  ordered  to  determine  its 
mineral  or  nonmineral  character. 

O'Connor  v.  Northern  Pac.  R.  Co.,  15  L.  D.  247,  p.  249. 

2.  QUESTION  OF  FACT  PROOF. 

Wliether  certain  lands  are  valuable  for  minerals  is  a  question  of  fact  which  must  be 
determined  from  evidence. 

Northern  Pac.  R.  Co.  v.  Sanders,  49  Fed.  129,  p.  133. 
Northern  Pac.  R.  Co.  v.  Wright,  51  Fed.  68,  p.  72. 

The  determination  of  the  mineral  or  nonmineral  character  of  lands  under  this  grant 
must  be  upon  evidence  outside  of  any  terms  of  the  gi-ant  itself. 
Northern  Pac.  R.  Co.  v.  Wright,  51  Fed.  68,  p.  72. 

The  mineral  character  of  land  is  not  established  by  proof  that  for  several  years  it 
has  been  worked  with  a  view  of  developing  mineral,  yet  as  a  matter  of  fact  there  has 


RAILROAD  GRANTS,  PP.  1009-1158. 


1110 


been  no  mineral  whatever  produced  and  only  slight  indications  of  the  existence  of 
mineral. 

Dobler  v.  Northern  Pac.  R.  Co.,  17  L.  D.  103,  p.  104. 

An  ordinary  assay  certificate  does  not  establish  the  value  of  a  vein  of  mineral,  and 
the  most  that  can  be  said  for  it  is  that  it  indicates  the  presence  of  mineral,  in  the  par- 
ticular piece  of  matter  under  treatment. 

Dobler  v.  Northern  Pac.  R.  Co.,  17  L.  D.  103,  p.  105. 

3.  JURISDICTION  OF  LAND  DEPARTMENT. 

The  Land  Department  is  vested  with  jurisdiction  to  determine  the  mineral  char- 
acter of  the  land  within  the  limits  of  this  gi  ant,  and  until  patent  is  issued  it  is  the  duty 
of  the  Department  to  exercise  this  jurisdiction. 

Winscott  v.  Northern  Pac.  R.  Co.,  17  L.  D.  274,  p.  277. 
Mongrain  v.  Northern  Pac.  R.  Co.,  18  L.  D.  105. 
See  Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238. 

All  mineral  lands  were  excepted  from  this  grant,  and  the  Land  Department  is  the 
only  tribunal  clothed  with  authority  to  determine  what  lands  are  mineral,  and  when 
information  is  conveyed  to  the  department  satisfactorily  showing  that  any  land  in- 
cluded within  the  limits  of  the  grant  is  mineral  in  character  the  department  may  so 
include  and  authorize  its  entry  under  the  mineral  laws. 

Winscott  V.  Northern  Pac.  R.  Co.,  17  L.  D.  274,  p.  277. 

The  question  of  the  character  of  the  land  is  a  matter  for  determination  in  the  first 
instance  by  the  Land  Department,  and  it  has  jurisdiction  to  pass  upon  all  applications 
to  purchase  mineral  lands. 

Northern  Pac.  R.  Co.  v.  Sanders,  166  U.  S.  620,  p.  635. 
Northern  Pac.  R.  Co.,  In  re,  32  L.  D.  342. 

The  Land  Department  is  required  to  determine  the  mineral  character  of  lands 
within  this  grant,  notwithstanding  the  fact  that  the  railroad  company  admits  that  they 
are  mineral  in  character. 

Barden  v.  Northern  Pac.  R.  Co.,  19  L.  D.  188,  p.  189. 

If  the  Land  Department  must  decide  what  lands  shall  not  be  patented  because  sold, 
granted,  or  otherwise  appropriated,  or  because  subject  to  preemption  or  other  claims 
or  rights  at  the  time  the  line  of  the  railroad  is  definitely  fixed,  then  it  must  also  decide 
whether  lands  are  excepted  because  they  are  mineral  lands. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  pp.  328,  329. 
Northern  Pac.  R.  Co.,  In  re,  32  L.  D.  342,  p.  343. 

4.  DETERMINATION  OF  DEPARTMENT  CONCLUSIVE. 

The  Land  Department  is  entrusted  with  the  determination  of  the  question  whether 
land  is  mineral  or  not  and  whether  such  lands  are  subject  to  be  patented,  and  such 
determination  is  conclusive. 

Pacific  Min.,  etc.,  Co.  v.  Spargo,  16  Fed.  348. 
Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  614. 
See  Davis  v.  Weibbold,  139  U.  S.  507. 

When  the  Land  Department,  charged  with  the  duty  of  determining  primarily  the 
character  of  the  land  within  the  limits  of  a  railroad  grant,  after  due  investigation, 
as  provided  by  the  rules  and  regulations  of  the  department,  issues  a  patent  for  the 
land  as  falling  within  the  terms  of  the  grant  such  action  is  necessarily  determinative 
of  the  character  of  lands  patented. 

Northern  Pac.  R.  Co.,  In  re,  32  L.  D.  342,  p.  344. 


1120  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


The  officers  of  the  Land  Department  are  authorized  to  determine  whether  lands 
called  for  are  swamp  lands,  timber  lands,  agricultural  lands,  or  mineral  lands,  and  so 
designate  them  in  the  patent  which  it  issues. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  p.  327. 
Northern  Pac.  R.  Co.  v.  Soderberg,  86  Fed.  49,  p.  50. 
Roberts  v.  Southern  Pac.  R.  Co.,  186  Fed.  934,  p.  942. 

Wherever  Congress  has  provided  for  the  disposition  of  any  portion  of  the  public 
lands  of  a  particular  character  and  authorized  the  officers  of  the  Land  Department 
to  issue  a  patent  for  such  land  upon  the  ascertainment  of  certain  facts,  that  depart- 
ment has  jurisdiction  to  inquire  into  the  existence  of  such  facts,  and  in  the  absence 
of  fraud,  imposition,  or  mistake,  its  determination  is  conclusive  against  collateral 
attack. 

Barden  v.  Northern  Pac.  R.,  154  U.  S.  288,  p.  327. 
Northern  Pac.  R.  Co.  v.  Soderberg,  86  Fed.  49,  p.  50. 
See  Smelting  Co.  v.  Kemp,  104  U.  S.  636,  pp.  640,  641. 
Steel  V.  Smelting  Co.,  106  U.  S.  447,  p.  450. 

5.  EFFECT  OF  RETURN  OF  SURVEYOR — PRESUMPTION. 

The  fact  that  a  surveyor  is  required  to  indicate  that  valuable  mines  exist  on  land 
surveyed  does  not  make  such  indications  mines,  and  as  he  is  not  required  by  law  to 
return  lands  as  mineral  no  conclusion  of  law  arises  from  such  a  return,  but  it  is  merely 
a  statement  of  the  officer,  and  his  opinion  as  to  the  interior  sections  can  not  be  of 
much  value,  and  his  report  will  constitute  but  a  small  element  of  consideration  on  the 
question  of  the  true  character  of  the  land. 

Winscott  V.  Northern  Pac.  R.  Co.,  17  L.  D.  274,  p.  276. 

Aspen  Consol.  Min.  Co.  v.  Williams,  27  L.  D.  1,  p.  21. 

Tulare  Oil  &  Min.  Co.  v.  Southern  Pac.  R.  Co.,  29  L.  D.  269,  p.  271. 

The  return  of  the  surveyor  as  to  the  mineral  character  of  land  raises  a  presumption 
as  to  its  real  character  but  this  does  not  preclude  a  railroad  company  where  such  lands 
fall  within  the  limits  of  its  grant  from  proving  the  actual  character  of  the  land,  and 
that  it  is  in  fact  nonmineral,  and  the  burden  of  proof  to  establish  this  fact  is  upon  the 
railroad  company. 

Winscott  V.  Northern  Pac.  R.  Co.,  17  L.  D.  274. 
See  Cole  v.  Markley,  2  L.  D.  847. 

Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238. 

Northern  Pac.  R.  Co.  v.  Marshall,  17  L.  D.  545,  p.  546. 

The  Northern  Pacific  Railroad  Co.  can  not  take  lands  classified  as  coal  lands  under 
its  right  of  indemnity  selection,  in  lieu  of  mineral  lands  lost  to  it  under  this  gi-ant. 
Northern  Pac.  R.  Co.,  In  re,  39  L.  D.  314,  p.  316. 

The  reports  of  deputy  surveyors  that  certain  lands  are  agricultural  and  not  mineral 
lands  have  the  force  of  depositions,  and  are  at  least  prima  facie  evidence  of  the  char- 
acter of  the  lands. 

Cowell  V.  Lammers,  21  Fed.  200. 

Kirby  v.  Lewis,  39  Fed.  66,  p.  75. 

Northern  Pac.  R.  Co.  v.  Walker,  47  Fed.  681,  p.  683. 

Neither  the  surveyor  general  nor  his  subordinates  was  authorized  to  determine 
finally  the  character  of  any  land  granted,  or  make  any  binding  report  thereon,  neither 
is  h,e  clothed  with  authority  to  specially  examine  as  to  these  matters  outside  of  his 
other  duties,  and  his  report  in  this  respect  has  no  binding  force. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  p.  320. 

Leonard  v.  Lennox,  181  Fed.  760,  p.  768. 

Aspen  Consol.  Min,  Co.  v.  Williams,  27  L.  D.  1,  p.  21. 


BAILROAD  CRANTS,  PP.  1009-1158. 


1121 


6.  TIMK  OF  l)F/rKRMlNAT10N. 
a.  LOCATION  OP  ROAD. 

The  date  of  the  definite  location  of  the  road,  with  respect  to  lands  within  the  place 
or  granted  limits,  is  the  date  of  the  attachment  of  the  company's  right  so  far  as  to  cut 
off  intervening,  homestead,  preemption,  or  other  like  claims,  but  the  question  of 
the  mineral  or  nonmineral  character  of  the  lands  and  the  consequent  exclusion  of  such 
as  are  ascertained  to  be  mineral  is  open  until,  pursuant  to  the  act,  a  title  passes. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  p.  313. 

Miller  v.  Thompson,  36  L.  D.  492,  p.  494. 

Clipper  Min.  Co.  v.  Eli  Min.,  etc.,  Co.,  29  Colo.  377,  p.  383. 

The  right  to  explore  for  mineral  lands  under  the  act  of  July  26,  1866  (14  Stat.  251), 
was  in  no  wise  impaired  in  respect  of  the  lands  granted  the  Northern  Pacific  Railroad 
Co.  under  this  act,  and  by  the  subsequent  acceptance  from  the  railroad  company  of 
its  map  of  general  route  and  by  the  fixing  of  its  general  route,  the  company  only 
acquired  an  inchoate  right  to  the  odd-numbered  sections,  and  no  right  attached  to  any 
specific  section  until  the  road  was  definitely  located  and  the  map  filed  and  accepted ; 
and  until  such  time  Congress  could  dispose  of  the  public  lands  on  the  general  route  of 
the  road  as  it  saw  proper. 

Northern  Pac.  R.  Co.  v.  Sanders,  166  U.  S.  620,  p.  634. 

To  determine  whether  any  land  was  excepted  from  the  grant  its  condition  must  be 
considered  as  it  existed  at  the  time  the  location  of  the  road  opposite  the  land  was 
definitely  fixed  and  the  plat  filed. 

Northern  Pac.  R.  Co.  v.  Sanders,  49  Fed.  129,  p.  132. 

The  mineral  lands  were  not  withdrawn  from  sale  at  the  time  of  this  grant  prior  to 
the  time  when  the  line  of  the  company's  railroad  was  definitely  fixed,  and  a  plat 
properly  filed. 

Northern  Pac.  R.  Co.  v.  Cannon,  54  Fed.  252,  p.  256. 

The  right  of  a  mineral  claimant  can  not  be  defeated  by  the  railroad  company  by 
admitting  the  mineral  character  of  the  ground  in  controversy  by  claiming  that  the 
discovery  of  mineral  was  not  made  until  after  the  definite  location  of  its  road. 

Barden  v.  Northern  Pac.  R.  Co.,  19  L.  D.  188,  p.  189. 

Under  this  grant  lands  only  were  reserved  as  mineral  lands  which  were  known  to  be 
such  at  the  time  the  grant  attached  and  when  the  line  of  the  road  was  definitely  fixed. 

Francoeur  v.  Newhouse,  43  Fed.  236. 

Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  603. 

The  railroad  company  has  no  standing  under  this  act  to  contest  any  class  of  claims 
recognized  by  law  which  antedated  the  definite  location  of  its  road,  and  lieu  lands  were 
given  it  in  place  of  all  such. 

Northern  Pac.  R.  Co.  v.  Sanders,  49  Fed.  129,  p.  134. 
See  Newhall  v.  Sanger,  92  U.  S.  761. 

Kansas  Pac.  R.  Co.  v.  Dunmeyer,  113  U.  S.  629. 

Hastings  &  Dakota  R.  Co.  v.  Whitney,  132  U.  S.  357. 

b.  OPEN  UNTIL  PATENT  ISSUES. 

The  determination  of  whether  lands  are  mineral  or  not  can  not  be  left  to  the  accident 
of  future  ages. 

Northern  Pac.  R.  Co.  v.  Walker,  47  Fed.  681,  p.  683. 

The  United  States  can,  until  patents  are  issued,  perform  any  acts  necessary  to  enable 
it  to  identify  the  mineral  lands  excepted  from  the  grant  to  the  Northern  Pacific  Rail- 


1122  UKITED  STATES  MINING  STATUTES  ANNOTATED. 

road  Co.,  and  it  can  avail  itself  of  all  information  by  prospecting  miners  or  otherwise 
which  has  resulted  in  disclosing  and  identifying  mineral  lands  within  the  limits  of 
the  grant. 

Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  623. 

The  character  of  the  land  granted  by  this  act  was  open  to  inquiry  at  any  time  prior 
to  the  issuance  of  the  patent,  and  the  discovery  of  its  mineral  character  at  any  time 
before  patent  necessarily  excluded  it  from  the  grant. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288. 
Roberts  v.  Southern  Pac.  R.  Co.,  186  Fed.  934,  p.  942. 
Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238. 
Northern  Pac.  R.  Co.,  In  re,  13  L.  D.  691,  p.  692. 

Northern  Pac.  R.  Co.  v.  Champion  Consol.  Min.  Co.,  14  L.  D.  699,  p.  700. 

7.   EXTENT  AND  VALUE  OF  MINERALS. 

The  mere  fact  that  portions  of  land  contained  particles  of  gold  or  veins  of  gold-bear- 
ing quartz  rock  would  not  necessarily  impress  it  with  the  character  of  mineral  land 
w^ithin  the  meaning  of  the  act  of  July  1,  1862  (12  Stat.  489),  or  of  this  act.  It  must  at 
least  be  shown  that  the  land  contains  metal  in  quantities  sufficient  to  render  it  avail- 
able and  valuable  for  mining  purposes. 

Merrill  v.  Dixon,  15  Nev.  401,  p.  407. 
See  Alford  v.  Barnum,  45  Cal.  482,  p.  484. 

To  establish  the  mineral  character  of  land  it  must  be  shown  by  a  mineral  claimant 
as  a  present  fact  that  the  land  is  mineral  in  character  and  more  valuable  for  mining 
than  agricultural  purposes. 

Dobler  v.  Northern  Pac.  R.  Co.,  17  L.  D.  103,  p.  105. 
See  Davis  v.  Weibbold,  139  U.  S.  507. 
Cutting  V.  Reininghaus,  7  L.  D.  265. 

Where  the  development  of  land  claimed  as  mineral  displays  such  promise  that  a 
prudent  reasonable  man  will  be  justified  in  expending  money  and  labor  in  legitimate 
mining  operations  the  land  must  be  held  mineral. 

Casey  v.  Northern  Pac.  R.  Co.,  15  L.  D.  439,  p.  440. 

Lands  containing  valuable  mineral  deposits,  whether  of  the  metalliferous  or  fossil- 
iferous  class,  of  such  quantity  and  quality  as  to  render  them  subject  to  entry  under 
the  mining  laws — that  is,  more  valuable  on  account  of  such  deposits  than  for  agri- 
cultural purposes — are  mineral  lands  within  the  meaning  of  that  term  as  used  in  this 
grant  and  similar  grants  to  railroad  companies  and  to  States. 

Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233,  p.  247. 
Overruling  Tucker  v.  Florida,  etc.,  Co.,  19  L.  D.  414. 
•  Alldritt  V.  Northern  Pac.  R.  Co.,  25  L.  D.  349,  p.  350. 
Union  Oil  Co.,  In  re  (on  review),  25  L.  D.  351,  p.  357. 
Elliott  V.  Southern  Pac.  R.  Co.,  35  L.  D.  149,  p.  151. 
Northern  Pac.  R.  Co.,  v.  Soderberg,  188  U.  S.  526. 
See  Hayden  v.  Jamison,  26  L.  D.  373,  p.  374. 

Florida  Central  &  Peninsular  R.  Co.,  In  re,  26  L.  D.  600,  p.  601. 

Richter  v.  Utah,  27  L.  D.  95,  p.  98. 

Baudette  v.  Northern  Pac.  R.  Co.,  29  L.  D.  248,  p.  249. 

Schrimpf  v.  Northern  Pac.  R.  Co.  29  L.  D.  327,  p.  328. 

C.  SETTLEMENT  ON  COAL  LAND— EFFECT  AND  PROTECTION. 

A  mere  temporary  settlement  and  squatter's  claim  on  known  coal  land  which  is 
shortly  afterwards  abandoned  without  having  made  any  substantial  improvements, 
and  to  which  no  right  has  attached  does  not  constitute  such  a  claim  or  right  as  excepts 
the  tract  from  the  grant  to  the  railroad  company. 

Brownfield  v.  Northern  Pac.  R.  Co.,  16  L.  D.  144. 
Northern  Pac.  R.  Co.  v.  Co^ns,  14  L.  D.  484. 


RAILROAD  (GRANTS,  PP.  1099-1158. 


1123 


A  mere  temporary  settlement  by  an  alien  and  a  squatter  claim  on  known  coal  land 
afterwards  abandoned  without  making  substantial  improvements  and  to  which  no 
right  or  color  of  right  attached  under  the  law  by  virtue  of  such  settlement  does  not 
constitute  a  claim  or  right  wit  hin  the  meaning  of  this  section  of  the  grant  to  the  rail- 
road company. 

Northern  Pac.  R.  Co.  v.  Collins,  14  L.  D.  484,  p.  487. 

A  settlement  can  not  be  made  or  purchase  be  had  under  the  coal  land  law  of  lands 
withdrawn  under  this  act  for  the  benefit  of  the  railroad  company. 
Northern  Pac.  R.  Co.  v.  Collins,  14  L.  D.  484,  p.  488. 

This  statute  itself  canceled  any  filing  on  the  lands  included  therein  where  proof 
of  occupancy  of  and  payment  for  such  land  was  not  made  within  30  months  after  the 
date  of  such  filing. 

United  States  v.  Northern  Pac.  R.  Co.  103  Fed.  389,  p.  390. 

D.  INDEMNITY  LANDS— SELECTION  AND  LOCATION. 

All  mineral  lands  were  excepted  from  this  grant  and  in  lieu  of  wliich  a  like  quan- 
tity of  agricultural  lands  in  odd-numbered  sections  nearest  to  the  line  of  railway 
and  within  50  miles  thereof  were  to  be  selected. 

Northern  Pac.  Land  Grant,  In  re,  41  L.  D.  571,  p.  573. 
Northern  Pac.  Land  Grant,  In  re,  41  L.  D.  576. 
See  Northern  Pac.  R.  Co.,  In  re,  8  L.  D.  13,  p.  14. 

The  selections  provided  for  in  this  act  are  the  indemnity  selections  authorized 
where  lands  within  the  primary  limits  had  been  sold  or  otherwise  disposed  of,  but  the 
act  has  no  reference  to  the  second  indemnity  belt,  and  it  expressly  excluded  all 
mineral  lands,  thereby  making  a  basis  for  the  selection  of  lieu  lands  within  the  primary 
limits  but  not  within  the  second  indemnity  belt, 

Sante  Fe  Pac.  R.  Co.  v.  Northern  Pac.  R.  Co.,  37  L.  D.  593,  p.  595. 

Congress  intended  to  make  the  indemnity  privilege  on  account  of  mineral  losses; 
the  same  as  for  other  losses,  and  there  was  no  necessity  for  a  separate  provision  except- 
ing mineral  lands  from  the  grant  and  special  provision  for  indemnity  privilege  on 
account  of  such  losses. 

Northern  Pac.  R.  Co.,  In  re,  39  L.  D.  314,  p.  316. 

In  selecting  indemnity  lands  under  the  proviso  of  section  3  of  this  act  the  railroad 
company  is  not  limited  to  the  State  in  which  the  loss  occurred  by  reason  of  the  min- 
eral character  of  the  land. 

Northern  Pac.  Land  Grant,  In  re,  41  L.  D.  571,  p.  573. 
See  Northern  Pac.  R.  Co.,  In  re,  8  L.  D.  13,  p.  14. 

Northern  Pac.  R.  Co.,  In  re,  20  L.  D.  187. 

Northern  Pac.  R.  Co.  v.  Shepherdson,  24  L.  D.  417. 

Hagen  v.  Northern  Pac.  R.  Co.,  26  L.  D.  312. 

Northern  Pac.  R.  Co.,  In  re,  41  L.  D.  576,  p.  577. 

While  by  this  act  the  railroad  company  was  entitled  to  odd-numbered  sections 
within  the  primary  limits  of  the  grant  or  to  indemnity  for  such  sections  as  were  dis- 
posed of,  yet  the  general  indemnity  provisions  of  the  original  act  limit  the  selections 
to  certain  prescribed  limits,  and  the  act  of  July  1,  1898  (30  Stat.  597,  p.  620)  limits 
the  selections  to  be  made  thereunder  to  certain  States. 

Northern  Pac.  R.  Co.  v.  Frei,  34  L.  D.  661,  p.  665. 

All  mineral  lands  except  those  containing  coal  and  iron  are  expressly  excluded  from 
this  grant  and  a  like  quantity  of  nonmineral  lands  given  in  lieu  thereof;  and  the  ques- 


1124  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


tion  as  to  the  mineral  or  noninineral  character  of  the  lands  is  an  open  one  up  to  the 
time  of  issuing  the  patent. 

Kern  Oil  Co.,  v.  Clarke,  30  L.  D.  550,  p.  562. 
See  Bardon  v.  Northern  Pac.  R.  Co.,  145  U.  S.  535. 
Kern  Oil  Co.  v.  Clarke  (on  review),  31  L.  D.  288. 

A  valid  preemption  claim  existing  at  the  time  of  the  taking  effect  of  this  grant 
was  excepted  from  the  grant,  and  a  subsequent  cancellation  of  the  preemption  entry 
did  not  restore  it  to  the  public  domain  so  as  to  bring  it  under  the  operation  of  previous 
legislation,  wliich  applied  at  the  time  to  land  then  public,  but  only  brought  it  within 
the  category  of  public  land  for  reference  to  future  legislation;  and  it  did  not  therefore 
by  such  cancellation  pass  under  this  grant,  but  under  this  act  the  company  would  be 
entitled  to  make  its  proper  indemnity  selection. 

Bardon  v.  Northern  Pac.  R.  Co.,  145  U.  S.  535,  p.  537. 

The  words  inclosed  in  parenthesis  "and  within  50  miles  thereof,"  in  the  third 
proviso  in  this  section  do  not  appear  in  the  Statutes  at  Large,  but  are  found  in  the  acts 
as  passed  and  approved  and  as  recorded  in  the  State  Department. 

Northern  Pac.  Land  Grant,  In  re,  41  L.  T>.  571. 

E.  CONVEYANCE  BY  RAILROAD    COMPANY— RIGHT  OF  PUR- 
CHASER. 

A  purchaser  of  unpatented  lands  from  a  railroad  company  with  knowledge  that  the 
lands  contained  cinnebar  and  that  some  form  of  reduction  works  had  been  established 
on  the  lands  for  the  purpose  of  working  the  cinnebar  is  not  an  innocent  purchaser, 
and  the  patent  issued  to  the  railroad  company  may  be  canceled. 

McLaughlin  v.  United  States,  107  U.  S.  526,  p.  528. 

F.  PATENT. 

1.  Issuance — Effect  of  exceptions. 

2.  Cancellation  for  fraud. 

1.  issuance  effect  of  exceptions. 

If  a  patent  is  unadvisedly  issued  by  the  officers  of  the  Government,  but  without 
fraud,  the  consequences  must  be  borne  by  the  Government,  as  the  duty  of  determining 
the  character  of  the  land  is  reposed  in  the  officers  of  the  Land  Department,  and  while 
the  grant  itself  only  passes  title  to  nonmineral  lands,  yet  a  patent  issued  in  proper  form, 
after  due  examination  and  judgment  rendered  by  the  Land  Department  that  the  lands 
are  nonmineral,  estops  the  Government  from  contending  to  the  contrary. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  p.  330. 
Northern  Pac.  R.  Co.,  In  re,  32  L.  D.  342,  p.  344. 

The  delay  of  the  Government  in  issuing  a  patent  can  not  have  the  effect  of  entitling 
the  company  to  recover  lands  which  it  admits  to  be  mineral,  and  the  Government  is 
not  authorized  to  issue  its  patent  without  excepting  mineral  land,  and  it  has  had  an 
opportunity  to  have  the  lands  explored  sufficiently  to  justify  its  declaration  in  the 
patent  which  would  be  taken  as  its  determination  that  the  lands  were  not  mineral. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  p.  331. 
Roberts  v.  Southern  Pac.  R.  Co.,  186  Fed.  934,  p.  941. 
See  Florida  Central  &  Peninsular  R.  Co.,  In  re,  26  L.  D.  600,  p.  603. 

There  is  no  warrant  for  inserting  in  patents  issued  under  this  statute  a  clause  ' '  ex- 
cepting all  mineral  lands  should  any  such  be  found  in  the  tracts  aforesaid." 
Northern  Pac.  R.  Co.,  In  re,  32  L.  D.  342,  p.  346. 


RAIT.ROAD  GRANTS,  PP.  1099-1158. 


1125 


2.  CANCELLATION  FOR  FRAUD. 

A  patent  to  mineral  lands  in  a  railroad  grant  may  be  set  aside  and  canceled  where 
such  lands  were  known  to  contain  mineral  and  were  valuable  as  such  at  the  time  of 
the  grant,  as  all  such  lands  were  expressly  excepted  from  the  grant. 

McLaughlin  v.  United  States,  107  U.  S.  526,  p.  528. 
Spong,  In  re,  5  L.  D.  193. 

Skinner  v:  Central  Pac.  R.  Co.,  2  Brainard's  Legal  Precedents  68. 

30  STAT.  597,  p.  620,  2  SUPP.  R.  S.  874,  p.  875,  JULY  1,  1898. 

NORTHERN  PACIFIC— MINERALS  RESERVED. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for  the 
fiscal  year  ending  June  30,  1899. 

Be  it  enacted,  etc.,  *  *  *  That  where,  prior  to  January  1, 
1898,  the  whole  or  any  part  of  an  odd-numbered  section,  in  either 
the  granted  or  the  indemnity  limits  of  the  land  grant  to  the  Northern 
Pacific  Railroad  Co.,  to  which  the  right  of  the  grantee  or  its  lawful 
successor  is  claimed  to  have  attached  by  definite  location  or  selec- 
tion, has  been  purchased  directly  from  the  United  States  or  settled 
upon  or  claimed  in  good  faith  by  any  qualified  settler  under  color 
ol  title  or  claim  of  right  under  any  law  of  the  United  States  or  any 
ruling  of  the  Interior  Department,  and  where  purchaser,  settler,  or 
claimant  refuses  to  transfer  his  entr;y'  as  hereinafter  provided,  the 
railroad  grantee  or  its  successor  in  interest,  upon  a  proper  relin- 
quishment thereof,  shall  be  entitled  to  select  in  lieu  of  the  land  re- 
linquished an  equal  quantity  of  public  lands,  surveyed  or  unsurveyed, 
not  mineral  or  reserved,  and  not  valuable  for  stone,  iron,  or  coal,  and 
free  from  valid  adverse  claim  or  not  occupied  by  settlers  at  the  time 
of  such  selection,  situated  within  any  State  or  Territor}^  into  which 
such  railroad  grant  extends,  and  patents  shall  issue  for  the  land  so 
selected  as  though  it  had  been  originally  granted;  but  all  selections 
of  imsurveyed  lands  shall  be  of  odd-numbered  sections,  to  be  identi- 
fied by  the  survey  when  made,  and  patent  therefor  shall  issue  to  and 
in  the  name  of  the  corporation  surrendering  the  lands  before  men- 
tioned, and  such  patents  shall  not  issue  until  after  the  survey :  *  *  * 

Provided  further.  That  the  railroad  grantee  or  its  successor  in 
interest  shall  accept  the  said  list  or  lists  so  to  be  made  by  the  Secre- 
tary of  the  Interior  as  conclusive  with  respect  to  the  particular  lands 
to  be  relinquished  by  it,  but  it  shall  not  be  bound  to  relinquish  lands 
sold  or  contracted  by  it,  or  lands  which  it  uses  or  needs  for  railroad 
purposes,  or  lands  valuable  for  stone,  iron,  or  coal. 

A.  RAILROAD  GRANT— NORTHERN  PACIFIC. 

1.  Purpose  of  act. 

2.  Lands  classified  as  mineral  not  selected — Iron  and 

coal  lands. 

3.  Indemnity  selections. 

4.  Title  to  selected  lands. 

1.  purpose  of  act. 

This  act  was  passed  primarily  for  the  protection  of  individual  claimants  as  against 
the  Northern  Pacific  land  grant  and  provided  for  a  speedy  adjustment  of  conflicting 


1126  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


claims  within  such  land  grant  by  first  affording  the  individual  claimant  an  oppor- 
tunity to  transfer  his  claim  to  other  public  lands  of  the  character  described  or  to  retain 
the  railroad  lands  formerly  claimed,  and  in  the  latter  event  the  company  was  to  re- 
linquish all  its  right  to  and  interest  in  such  land  and  to  select  other  lands  in  lieu 
thereof. 

Northern  Pac.  R.  Co.  v.  Frei,  34  L.  D.  661,  p.  664. 

The  object  of  this  statute  is  primarily  to  aid  in  the  adjustment  of  the  original  grant, 
and  the  limitations  imposed  upon  that  grant  by  the  classification  act  of  February  26, 
1895  (28  Stat.  683),  must  be  given  the  same  operation  with  respect  to  this  adjustment 
act. 

Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135,  p.  137. 

2.  LANDS   CLASSIFIED   AS   MINERAL   NOT   SELECTED  IRON  AND  COAL 

LANDS. 

Where  lands  have  been  classified  as  mineral  lands  under  the  act  of  February  26, 
1895  (28  Stat.  683),  the  railroad  company  has  no  right  to  select  the  lands  so  classified 
under  this  act,  and  such  selections  must  be  canceled. 

Northern  Pac.  R.  Co.  v.  Frei,  34  L.  D.  661,  p.  662. 
Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135,  p.  136. 

This  act  is  more  restricted  in  its  provisions  than  the  act  of  1895,  authorizing  the 
classification  of  minerals,  and  excludes  coal  and  iron  lands  which  were  included  under 
the  original  grant  to  the  railroad  company,  but  this  does  not  authorize  the  reopening 
of  an  adjudication  made  under  the  act  of  1895  (28  Stat.  683). 

Northern  Pac.  R.  Co.  v.  Frei,  34  L.  D.  661,  p.  665. 

Under  this  act  the  railroad  company  is  not  bound  to  relinquish  among  other  lands 
those  valuable  for  stone,  iron,  or  coal. 

Northern  Pac.  R.  Co.  v.  Violette,  36  L.  D.  182,  p.  185. 

Lands  chiefly  valuable  for  marble  and  slate  is  mineral  in  character,  and  if  more 
valuable  for  these  deposits  than  for  agricultural  purposes  they  must  be  regarded  as 
mineral  lands. 

Schrimpf  v.  Northern  Pac.  R.  Co.,  29  L.  D.  327,  p.  328. 
See  Baudette  v.  Northern  Pac.  R.  Co.,  29  L.  D.  248. 

The  right  of  the  railroad  company  to  make  selection  of  lands  in  Montana  wad  granted 
to  the  railroad  company  by  this  act,  but  such  selections  must  be  made  of  public  lands 
not  mineral  and  not  valuable  for  stone,  iron,  or  coal. 

Northern  Pac.  R.  Co.,  In  re,  37  L.  D.  408,  p.  409. 

3.  INDEMNITY  SELECTIONS. 

This  act  limits  the  selections  authorized  to  be  made  by  the  railroad  company  under 
the  original  act  of  July  2,  1864  (13  Stat.  365)  to  certain  States,  and  selections  under 
this  act  are  nevertheless  indemnity  and  when  made  become  a  part  of  and  are  in  partial 
satisfaction  of  the  original  grant. 

Northern  Pac.  R.  Co.  v.  Frei,  34  L.  D.  661,  p.  665. 

Lands  ceded  by  the  Indians  were  not  subject  to  indemnity  selection  by  the  railroad 
company. 

Northern  Pac.  R.  Co.,  In  re,  37  L.  D.  408,  p.  409. 
Bradley  v.  Northern  Pac.  R.  Co.,  36  L.  D.  7. 

4.  TITLE  TO  SELECTED  LANDS. 

A  claim  asserted  by  the  railroad  company  under  this  act  is  predicated  upon  the 
original  grant,  July  2,  1864  (13  Stat.  365),  as  that  act  merely  makes  provision  for  the 


RAILROAD  GRANTS,  PP.  1009-1158. 


1127 


substitution  of  a  ix'ifect  title  ior  the  (selected  land  for  a  diH})uted  claim  to  the  land 
on  account  of  which  subt^titutiou  Ih  made,  the  validity  of  the  company's  title  to  the 
base  land  not  being  the  sole  determinative  factor. 
Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135,  p.  137. 

A  selection  made  under  tHis  act  is  not  only  on  behalf  of  the  railroad  company,  being 
made  by  its  successor  in  interest,  but  is  primarily  on  account  of  the  Northern  Pacific 
land  j2:rant,  and  any  patent  or  evidence  of  title  j^iven  to  the  Northern  Pacific  Rail- 
road Co.,  or  its  successor  in  interest,  under  a  claim  predicated  upon  the  original 
land  grant  to  lands  classified  as  mineral  under  the  act  of  February  6,  1895  (28  Stat. 
683)  is  necessarily  void. 

Noithern  I'ac.  R.  Co.  v.  Frei,  34  L.  D.  661,  p.  665. 
Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135,  p.  137. 

14  STAT.  83,  JULY  4,  1866. 

IRON  MOUNTAIN— MINERAL  LANDS  RESERVED— COAL  AND  IRON. 

AN  ACT  Making  a  grant  of  lands  in  alternate  sections  to  aid  in  the  construction  and 
extension  of  the  Iron  Mountain  Railroad,  from  Pilot  Knob,  in  Missouri,  to  Helena, 
in  Arkansas. 

Be  it  enacted,  etc.,  That  there  be,  and  is  hereby,  granted  to  the 
State  of  Missouri,  for  the  purpose  of  aiding  in  the  construction  and 
extension  of  the  Iron  Mountain  Raikoad,  from  its  present  terminus 
at  Pilot  Knob  to  a  point  on  the  southern  boundary  Hne  of  the  State 
of  Missouri,  every  alternate  section  of  land,  designated  by  odd  num- 
bers, for  10  sections  in.  width  on  each  side  of  said  road;  but  in  case  it 
shall  appear  when  the  route  of  said  road  is  definitely  fixed  that  the 
United  States  have  sold  any  sections  or  parts  thereof,  granted  as 
aforesaid,  or  that  the  right  of  preemption  has  attached  to  the  same, 
then  it  shall  be  lawful  for  any  agent  or  agents  to  be  appointed  by 
the  governor  of  said  State  to  select,  subject  to  the  approval  of  the 
Secretary  of  the  Interior,  from  the  lands  of  the  United  States  nearest 
to  the  tiers  of  sections  above  specified  so  much  land  in  sections  or 
parts  of  sections,  to  be  selected  as  aforesaid,  as  shall  be  equal  to 
such  lands  as  the  United  States  have  sold  or  otherwise  appropriated 
or  to  which  the  rights  of  preemption  have  attached,  which  lands  thus 
selected  shall  be  held  by  the  State  of  Missouri  for  the  use  and  pur- 
poses aforesaid,  and  for  none  other:  Provided,  That  the  lands  so 
located  shaU  be  within  the  Ironton  land  district  as  now  established 
and  not  more  than  20  miles  from  the  line  of  said  road:  And  provided, 
further.  That  all  mineral  lands  except  those  containing  coal  and  iron, 
and  any  lands  heretofore  reserved  to  the  United  States  by  any  act  of 
Congress  or  in  any  other  manner  by  competent  authority  for  the 
purpose  of  aiding  in  any  object  of  internal  improvement,  or  for  any 
other  purpose  whatever,  be,  and  the  same  are,  reserved  to  the  United 
States  from  the  operation  of  this  act,  except  so  far  as  it  may  be  found 
necessary  to  locate  the  routes  of  said  railroad  through  the  same,  in 
which  case  the  right  of  way  only  shall  be  granted,  subject  to  the  ap- 
proval of  the  President  of  the  United  States. 

Sec.  2.  And  be  it  further  enacted.  That  there  be,  and  is  hereby, 
granted  to  the  State  of  Arkansas,  for  the  purpose  of  aiding  in  the 
construction  and  extension  of  a  railroad  from  the  point  where  the 
Iron  Mountain  Railroad  intersects  the  southern  boundary  line  of 
Missouri,  by  the  nearest  and  most  practicable  route,  to  a  pomt  at 


1128  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

or  near  the  town  of  Helena,  on  the  Mississippi  River,  every  alternate 
section  of  land,  designated  by  odd  numbers,  for  10  sections  in  width 
on  each  side  of  said  road;  but  in  case  it  shall  appear,  when  the  line 
of  said  road  is  definitely  fixed,  that  the  United  States  have  sold  any 
sections  or  parts  thereof,  granted  as  aforesaid,  or  that  the  right  of 
preemption  has  attached  to  the  same,  then  it  shall  be  lawful  for  any 
agent  or  agents  to  be  appointed  by  the  governor  of  said  State,  to  se- 
lect, subject  to  the  approval  of  the  Secretary  of  the  Interior,  from 
the  lands  of  the  United  States  nearest  to  the  tiers  of  sections  above 
specified  so  much  land,  in  alternate  sections,  designated  as  aforesaid, 
as  shaU  be  equal  to  such  lands  as  the  United  States  have  sold  or 
otherwise  appropriated,  or  to  which  the  rights  of  preemption  have 
attached,  which  lands  thus  selected  shaU  be  held  by  the  State  of 
Arkansas  for  the  use  and  purposes  aforesaid,  and  for  none  other: 
Provided,  That  the  land  so  selected  and  located  shall  in  no  case  be 
farther  than  20  miles  from  the  line  of  road  when  the  same  shaU  be 
located:  And  provided  further,  That  all  mineral  lands,  except  those 
containing  coal  and  iron,  and  any  lands  heretofore  reserved  to  the 
United  States  by  any  act  of  Congress,  or  in  any  other  manner  by 
competent  authority,  for  the  purpose  of  aiding  in  any  object  of 
internal  improvement,  or  for  any  other  purpose  whatever,  be,  and 
the  same  are,  reserved  to  the  United  States  from  the  operation  of 
this  act,  except  so  far  as  it  may  be  found  necessary  to  locate  the 
routes  of  said  railway  through  the  same,  in  which  case  the  right  of 
way  only  shall  be  granted,  subject  to  the  approval  of  the  President 
of  the  United  States. 

A.  RAILROAD  GRANT— IRON  MOUNTAIN. 

1.  Minerals  excepted — Extent. 

2.  Application  to  public  lands. 

1.  minerals  excepted  EXTENT. 

This  act  reserved  mineral  lands  from  the  grant  to  the  Iron  Mountain  Railroad  Co., 
but  it  is  not  intended  to  be  a  general  reservation  oi  minerals  in  the  public  land. 
Alabama,  In  re,  15  C.  L.  O.  7,  p.  8. 

This  act  refers  to  lands  granted  prior  to  and  at  the  time  of  the  passage  of  the  act  and 
not  to  lands  to  be  thereafter  granted,  but  lands  granted  by  that  and  other  prior  acts 
of  Congress. 

Heydenfeldt  v.  Daney  Gold,  etc.,  Min.  Co.,  10  Nev.  290,  p.  313. 

2.  APPLICATION  TO  PUBLIC  LANDS. 

The  word  ''public,"  as  applied  in  this  act  to  lands,  refers  to  all  unsurveyed  lands, 
whether  the  same  or  any  portion  thereof  had  been  previously  granted  or  not,  and  all 
lands  are  public  within  the  meaning  of  this  act  until  a  survey  is  made,  and  the  word 
is  used  to  distinguish  the  unsurveyed  from  the  surveyed  and  segregated  lands. 

Heydenfeldt  v.  Daney  Gold,  etc.,  Min.  Co.,  10  Nev.  290,  p.  314. 

The  mineral  lands  to  which  the  laws  of  the  United  States  apply,  as  stated  in  this 
act,  are  the  "mineral  lands  of  the  public  domain,"  and  lands  between  high  and  low 
tides  belong  to  the  State  and  not  to  the  United  States. 

Morris,  In  re,  9  C.  L.  0.  5. 


RAILROAD  CJRANTS^  PP.  1099-1158. 


1129 


14  STAT.  94,  JULY  13,  1866. 

PLACERVILLE  AND  SACRAMENTO  VALLEY— RIGHT  OF  WAY. 

AN  ACT  Granting  aid  in  the  construction  of  a  railroad  and  telegraph  line  from  Folsom 
to  Placerville  in  California. 

Bo  it  enacted,  etc.,  That  the  right  of  way  through  the  public  lands 
be,  and  the  same  is  hereby,  granted  to  the  Placerville  &  Sacra- 
mento Valley  Railroad  Co.,  *  *  *  for  the  construction  of  a  rail- 
road and  telegraph  line  from  the  town  of  Folsom  to  the  town  of 
Placerville,  in  said  State;  and  the  right  is  hereby  given  to  said  cor- 
poration to  take  from  the  public  lands  adjacent  to  the  line  of  said 
road,  material  for  the  construction  thereof;  said  right  of  way  is 
granted  to  said  railroad  to  the  extent  of  100  feet  in  width  on  each 
side  of  said  road  where  it  may  pass  over  the  public  lands;  also,  all 
necessary  ground  for  station  buildings,  workshops,  depots,  machine 
shops,  switches,  side  tracks,  turntables,  and  water  stations. 

Sec.  2.  And  be  it  further  enacted.  That  thiere  be,  and  is  hereby, 
granted  to  the  Placerville  &  Sacramento  Valley  Railroad  Co.,  its 
successors  and  assigns,  for  the  purpose  of  aiding  in  the  construc- 
tion of  said  railroad  and  telegraph  line,  and  to  secure  the  safe  and 
speedy  transportation  of  mails,  troops,  munitions  of  war,  and  public 
stores  over  the  route  of  said  line  of  railway,  every  alternate  section 
of  public  land,  not  containing  gold  or  silver,  designated  by  odd  num- 
bers, to  the  amount  of  10  alternate  sections  per  mile,  on  each  side  of 
said  railroad  line,  as  said  company  may  adopt,  whenever,  on  the  line 
thereof,  the  United  States  have  full  title,  not  reserved,  sold,  granted, 
or  otherwise  appropriated,  and  free  from  preemption  or  other  claims 
or  rights  at  the  time  the  line  of  said  road  is  definitely  fixed,  and  a 
plat  thereof  filed  in  the  office  of  the  Commissioner  of  the  General 
Land  Office;  Provided,  That  the  word  '^mineral,"  when  it  occurs  in 
this  act,  shall  not  be  held  to  include  iron  or  coal. 

14  STAT.  239,  JULY  25,  1866. 

CENTRAL  PACIFIC— MINERALS— COAL  AND  IRON  NOT  EXCEPTED. 

AN  ACT  Granting  lands  to  aid  in  the  construction  of  a  railroad  and  telegraph  line 
from  the  Central  Pacific  Railroad,  in  California,  to  Portland,  in  Oregon. 

Be  it  enacted,  etc.,  That  the  "California  &  Oregon  Railroad  Co.," 
oi^anized  under  an  act  of  the  State  of  California,  to  protect  certain 
parties  in  and  to  a  railroad  survey,  "to  connect  Portland,  in  Oregon, 
with  Marysville,  in  California,"  approved  April  6,  1863,  and  such  com- 
pany organized  under  the  laws  of  Oregon  as  the  legislature  of  said 
State  shall  hereafter  designate,  be,  and  they  are  hereby,  authorized 
and  empowered  to  lay  out,  locate,  construct,  finish,  and  maintain  a 
railroad  and  telegraph  line  between  the  city  of  Portland,  in  Oregon, 
and  the  Central  Pacific  Railroad,  in  California  in  the  manner  follow- 
ing, to  wit:  (here  describing). 

Sec.  2.  And  be  it  further  enacted.  That  there  be,  and  hereby  is, 
granted  to  the  said  companies,  their  successors  and  assigns,  for  the 
purpose  of  aiding  in  the  construction  of  said  railroad  and  telegraph 
line,  and  to  secure  the  safe  and  speedy  transportation  of  the  mans, 
troops,  munitions  of  war,  and  public  stores  over  the  line  of  said  rail- 
road, every  alternate  section  of  public  land,  not  mineral,  designated 
by  odd  numbers,  to  the  amount  of  20  alternate  sections  per  mile 

56974°— Bull.  94,  pt  2—15  20 


1130  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


(10  on  each  side)  of  said  railroad  line;  and  when  any  of  said  alternate 
sections  or  parts  of  sections  shall  be  found  to  have  been  granted,  sold, 
reserved,  occupied  by  homestead  settlers,  preempted,  or  otherwise 
disposed  of,  other  lands,  designated  as  aforesaid,  shall  be  selected 
by  said  companies  in  lieu  thereof,  under  the  direction  of  the  Secretary 
of  the  Interior,  in  alternate  sections  designated  by  odd  numbers  as 
aforesaid,  nearest  to  and  not  more  than  10  miles  beyond  the  limits 
of  said  first-named  alternate  sections;  and  as  soon  as  the  said  com- 
panies, or  either  of  them,  shall  file  in  the  office  of  the  Secretary  of  the 
Interior  a  map  of  the  survey  of  said  railroad,  or  any  portion  thereof, 
not  less  than  60  continuous  miles  from  either  terminus,  the  Secretary 
of  the  Interior  shall  withdraw  from  sale  public  lands  herein  granted 
on  each  side  of  said  railroad,  so  far  as  located  and  within  the  limits 
before  specified.  The  lands  herein  granted  shall  be  applied  to  the 
building  of  said  road  within  the  States,  respectively,  wherein  they 
are  situated. 

Sec.  10.  And  be  it  further  enacted.  That  all  mineral  lands  shall  be 
excepted  from  the  operation  of  this  act;  but  where  the  same  shall 
contain  timber,  so  much  of  the  timber  thereon  as  shall  be  required 
to  construct  said  road  over  such  mineral  land  is  hereby  granted  to 
said  companies:  Provided,  That  the  term  "mineral  lands"  shall 
not  include  lands  containing  coal  and  iron. 

A.  RAILROAD  GRANT— CENTRAL  PACIFIC— CALIFORNIA  AND 
OREGON. 

B.  MINERAL  CHARACTER  OF  LAND,  p.  1131. 

C.  INDEMNITY  LAND— SELECTION  AND  TITLE,  1131. 

A.  RAILROAD    GRANT— CENTRAL    PACIFIC— CALIFORNIA  AND 

OREGON. 

1.  MINERAL  LANDS  RESERVED. 

Mineral  lands  were  excepted  from  the  grant  made  by  the  United  States  to  the 
Central  Pacific  Railroad  Co. 
United  States  v.  Central  Pac.  R.  Co.,  84  Fed.  218,  p.  219. 

Mineral  lands  were  not  only  not  granted  but  were  expressly  excepted  from  the  opera- 
tion of  this  act. 

Central  Pac.  R.  Co.  v.  De  Rego,  39  L.  D.  288,  p.  290. 

A  patent  under  this  statute  which  excepts  mineral  lands  is  invalid  where  the  land 
was  known  at  the  time  to  be  chiefly  valuable  for  minerals. 

United  States  v.  Central  Pac.  R.  Co.,  84  Fed.  218,  p.  220. 
See  Northern  Pac.  R.  Co.  v.  Sanders,  166  U.  S.  620. 

Northern  Pac.  R.  Co.  v.  Solderberg,  188  U.  S.  526. 

United  States  v.  Central  Pac.  R.  Co.,  93  Fed.  871. 

This  grant  being  in  prsesenti  takes  effect  as  to  a  particular  tract  of  land  at  its  incep- 
tion, and  if  the  tract  is  then  of  the  class  or  character  of  those  specificaUy  excepted,  it 
remains  so  excepted  whatever  its  status  or  character  may  be  or  become  at  a  later  date. 

Central  Pac.  R.  Co.  v.  De  Rego,  39  L.  D.  288,  p.  290. 

The  discovery  of  the  mineral  character  of  land  within  the  limits  of  the  grant  at  any 
time  prior  to  the  issuance  of  patent  therefor  to  the  railroad  company  operates  to  except 
the  same  from  the  provisions  of  the  grant. 

Central  Pac.  R.  Co.  v.  De  Rego,  39  L.  D.  288,  p.  290. 
See  Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288. 


RAILROAD  GRANTS;  PP.  1099-1153. 


1131 


B.  MINERAL  CHARACTER  OF  LAND. 

1.  DETERMINATION  HEARING  AND  ADJUDICATION. 

An  adjudication  by  the  Land  Department  that  certain  lands  within  this  grant  were 
mineral  in  character  has  the  effect  to  except  such  lands  from  the  operation  of  this  grant 
and  such  adjudication  is  not  impeached  by  anything  subsequently  transpiring,  and  a 
subsequent  determination  that  the  lands  are  in  fact  nonmineral  does  not  operate  to 
give  the  railroad  company  any  title  or  interest  in  the  lands. 

Central  Pac.  R.  Co.  v.  De  Rego,  39  L.  D.  288,  p.  290. 

A  hearing  and  determination  as  to  the  mineral  character  of  a  tract  of  land  under 
this  grant  will  not  preclude  a  subsequent  inquiry  as  to  the  mineral  character  of  the 
land  on  the  protest  of  a  mineral  claimant  at  any  time  before  patent  is  issued. 

Oregon,  etc.,  R.  Co.  v.  Puckett,  39  L.  D.  169,  p.  171. 
See  Central  Pac.  R.  Co.  v.  De  Rego,  39  L.  D.  288. 

Though  land  was  found  to  be  mineral  at  a  hearing  authorized  by  law,  and  while  the 
railroad  company  acquiesced  in  such  finding,  yet  it  is  not  shown  that  the  company 
relinquished  any  claim  it  might  have  to  the  land  by  seeking  to  make  indemnity 
selection  in  lieu  thereof,  but  if  the  land  was  never  in  fact  valuable  for  mineral,  the 
department  has  no  authority  to  issue  patent  to  anyone  other  than  the  railroad  company, 
as  the  company  acquired  an  indefeasable  right  to  a  patent  for  all  the  land  within  the 
primary  limits  by  the  location  and  construction  of  its  road,  and  when  shown  to  be 
nonmineral  the  company  will  not  be  permitted  to  take  indemnity  and  to  deny  its  title. 

Oregon,  etc.,  R.  Co.  v.  Puckett,  39  L.  D.  169,  p.  171. 

A  judgment  as  to  the  mineral  character  of  lands  can  not  be  based  entirely  upon 
the  return  of  the  surveyor  general. 
California,  etc.,  R.  Co.,  In  re,  16  L.  D.  262. 

C.  INDEMNITY  LAND— SELECTION  AND  TITLE. 

When  the  railroad  was  located  and  the  map  made  the  right  of  the  company  to  the 
odd-numbered  sections  became  ipso  facto  fixed  and  absolute;  but  with  respect  to  the 
Ueu  lands  the  right  was  only  a  float  and  attached  to  no  specific  tracts  until  selection 
was  actually  made  in  the  manner  prescribed. 

Ryan  v.  Railroad  Co.,  99  U.  S.  382,  p.  386. 

A  selection  made  by  the  railroad  company  with  the  approval  of  the  Secretary  of 
the  Interior  of  land  within  the  permitted  indemnity  limits,  and  a  patent  for  the  same, 
gives  the  railroad  company  a  valid  title  as  against  a  Mexican  claim  in  litigation  at 
the  date  of  the  act,  but  which  was  finally  rejected  as  invalid. 

Ryan  v.  Railroad  Co.,  99  U.  S.  382,  p.  386. 
Distinguishing  Newhall  v.  Sanger,  92  U.  S.  761. 

14  STAT.  292,  p.  295,  JULY  27,  1866. 

ATLANTIC  AND  PACIFIC— MINERALS— COAL  AND  IRON  NOT  EXCEPTED. 

AN  ACT  Granting  lands  to  aid  in  the  construction  of  a  railroad  and  telegraph  line 
from  Missouri  and  Arkansas  to  the  Pacific  coast. 

Be  it  enacted,  etc.,  That  (here  naming  certain  persons)  and  all 
such  other  persons  who  shall  or  may  be  associated  with  them,  and 
their  successors,  are  hereby  created  and  erected  into  a  body  corporate 
and  politic,  in  deed  and  in  law,  by  the  name,  style,  and  title  of  the 
''Atlantic  &  Pacific  Railroad  Co.,"  and  by  that  name  shall  have 
perpetual  succession,  and  shall  be  able  to  sue  and  be  sued,  plead  and  be 


1132  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

impleaded,  defend  and  be  defended,  in  all  courts  of  law  and  equity 
within  the  United  States,  and  may  make  and  have  a  common 
seal.    *    *  * 

Sec.  3.  And  be  it  further  enacted,  etc.  *  *  *  Provided  fur- 
ther, That  all  mineral  lands  be,  and  the  same  are  hereby,  excluded 
from  the  operations  of  this  act,  and  in  lieu  thereof  a  like  quantity 
of  unoccupied  and  unappropriated  agricultural  lands  in  odd-numbered 
sections  nearest  to  the  line  of  said  road,  and  within  20  miles  thereof, 
may  be  selected  as  above  provided:  And  provided  further,  That  the 
word  '^mineral,"  when  it  occurs  in  this  act,  shall  not  be  held  to  in- 
clude iron  or  coal.    *    *  * 

Sec.  18.  And  be  it  further  enacted.  That  the  Southern  Pacific 
Railroad,  a  company  incorporated  under  the  laws  of  the  State  of 
California,  is  hereby  authorized  to  connect  with  the  said  Atlantic 
&  Pacific  Railroad,  formed  under  this  act,  at  such  point,  near  the 
boundary  line  of  the  State  of  California,  as  they  shall  deem  most 
suitable  for  a  railroad  line  to  San  Francisco,  and  shall  have  a  uniform 
gauge  and  rate  of  freight  or  fare  with  said  road ;  and  in  consideration 
thereof,  to  aid  in  its  construction,  shall  have  similar  grants  of  land, 
subject  to  all  the  conditions  and  limitations  herein  provided,  and 
shall  be  required  to  construct  its  road  on  the  like  regulations,  as  to 
time  and  manner,  with  the  Atlantic  &  Pacific  Railroad  herein 
provided  for.    *    *  * 

A.  RAILROAD  GRANT— ATLANTIC  &  PACIFIC— SOUTHERN  PACIFIC. 

1.  Nature,  construction,  and  effect  of  grant. 

2.  Mineral  lands  excepted  from  grant. 

3.  Kinds  of  minerals  excepted. 

4.  Oil  as  mineral — Lands  excepted. 

5.  Indemnity  lands — Minerals  excepted. 

6.  Character  of  land — Determination. 

7.  Decisions  of  Land  Department  conclusive. 

8.  Discovery  of  mineral  before  patent — Effect. 

9.  Patent. 

a.  Determination  of  character  of  land. 

b.  Extent  and  effect  of  excepting  clause. 

c.  No  private  entry  after  issue. 

10.  Purchaser  from  railroad  company — Title. 

11.  Title  of  Southern  Pacific  to  oil  lands — Burke  case. 

1.  nature,  construction,  and  effect  of  grant. 

This  act,  while  a  grant  in  prsesenti,  did  not  of  itself  identify  the  land  and  could  not 
do  80,  as  this  could  not  be  done  until  the  road  was  constructed,  nor  could  it  be  known 
what  lands  would  be  free  from  other  claims  at  the  time  of  its  location  or  what  lands 
would  be  mineral,  and  accordingly  the  act  provided  for  issuing  patents  to  the  com- 
pany after  the  construction  of  the  road;  and  the  patents  when  issued  were  to  be  in 
confirmation  of  the  company's  "right  and  title,"  and  were  to  be  the  legally  appointed 
evidence  that  the  lands  described  therein  had  passed  to  the  company  under  the 
grant. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 


RAILROAD  GRANTS,  PP.  1099-1158. 


1133 


This  act  was  not.  a  gift  of  land  to  Mvo  railroad  foiiii)aiiy  from  tlio  Unitod  States, 
but  the  act  made  a  proposal  to  the  railroad  company  to  the  effect  that  if  it  would 
locate,  construct,  and  put  into  operation  a  certain  line  of  railroad,  then  patents  would 
issue  to  certain  of  the  public  lands  within  the  descriptive  terms  of  the  grant,  and  its 
purpose  was  to  bring  about  the  construction  of  the  railroad  with  the  resulting  advan- 
tages to  the  Government  and  the  public,  and  on  the  construction  of  the  road  and  the 
acceptance  of  the  provisions  of  the  act  the  parties  were  brought  into  contractual 
relation  and  its  provisions  became  obligatory  on  both. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  G69. 

The  original  grant  under  this  act  was  to  the  Atlantic  &  Pacific  Railroad  Co.,  its 
successors  and  assigns,  and  the  act  of  March  3,  1871  (16  Stat.  579,  sec.  23),  was 
to  the  Southern  Pacific  Railroad  Co.  in  express  terms  and  supplemental  to  the  orig- 
inal and  all  mineral  lands  were  expressly  excluded  from  the  operation  of  the  act, 
and  in  lieu  thereof  a  like  quantity  of  unoccupied,  nonmineral  lands  within  certain 
limits  were  granted;  but  by  express  provision  the  word  ''mineral"  was  not  to  include 
iron  or  coal. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 

2.  MINERAL  LANDS  EXCEPTED  FROM  GRANT. 

This  grant  excepts  all  mineral  lands  whether  known  or  unknown  at  the  time  of 
the  grant,  and  makes  provision  for  substituting  other  lands  if  any  within  the  grant 
are  found  to  be  mineral  in  character;  but  when  the  officers  of  the  Land  Department 
have  examined  and  classified  the  lands  within  such  grant  and  thereupon  issue  a  patent 
to  the  grantee  or  its  successor,  the  question  of  its  mineral  or  nonmineral  character 
is  thereby  determined,  and  any  such  tract  is  not  thereafter  open  to  a  claim  on  the 
ground  of  its  mineral  character,  as  the  patent  is  conclusive  upon  its  mineral  character. 

Roberts  v.  Southern  Pac.  R.  Co.,  186  Fed.  934,  p.  935. 

Under  the  holding  of  the  Supreme  Court  these  railroad  grants  in  themselves  except 
all  mineral  lands  whether  known  or  unknown  at  the  time  of  the  grant,  and  other 
holdings  are  to  the  effect  that  after  a  patent  is  issued  to  a  grantee  under  these  railroad 
land  grants,  then  no  part  of  such  grants  are  open  to  mineral  claims,  and  these  holdings 
can  be  reconciled  on  the  theory  that  after  the  officers  of  the  Land  Department  have 
classified  the  lands  of  such  grants  with  reference  to  their  mineral  and  nonmineral 
character  and  thereupon  issued  a  patent  therefor  to  the  railroad  companies,  the  patents 
are  conclusive  and  binding  upon  the  Government,  and  prevents  any  subsequent  claim 
to  any  of  such  lands  on  the  ground  that  they  are  mineral. 

Roberts  v.  Southern  Pac.  R.  Co.,  186  Fed.  934. 
See  Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288. 
Shaw  V.  Kellogg,  170  U.  S.  312. 

The  provisions  of  this  act  as  to  mineral  lands  were  not  a  mere  reservation  of  minerals, 
but  an  exclusion  of  mineral  lands  coupled  with  a  provision  that  the  railroad  company 
should  receive  other  lands  not  mineral  in  lieu  thereof,  and  shows  that  a  determination 
of  the  character  of  the  lands,  as  mineral  or  nonmineral,  was  plainly  contemplated, 
and  Congress  confided  the  identification  of  the  lands  included  and  excluded  to  the 
Land  Department  and  directed  that  the  indemnity  lands  should  be  selected  under 
the  direction  of  the  Secretary  of  the  Interior. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 

Mineral  lands  are  expressly  excluded  from  the  grant,  and  the  railroad  company 
can  not  select  mineral  lands  as  indemnity. 

Southern  Pac.  R.  Co.  v.  Allen  Gold  Min.  Co.,  13  L.  D.  165. 
See  Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238. 


1134  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Any  land  within  tliL«  grant,  if  mineral  in  character,  is  open  to  exploration  and  pur- 
chase under  the  mining  laws  of  the  United  States,  as  the  grant  to  the  railroad  com- 
pany expressly  excepts  mineral  lands  from  its  operation. 

Walker  v.  Southern  Pac.  R.  Co.,  24  L.  D.  172,  p.  174. 
See  Swank  v.  California,  27  L.  D.  411,  p.  413. 

Section  3  of  this  act  expressly  reserved  all  mineral  lands  from  the  operation  of  the 
act  and  gave  the  railroad  company  the  right  to  select  indemnity  land  in  lieu  thereof. 
Walker  v.  Sou^them  Pac.  R.  Co.,  24  L.  D.  172,  p.  173. 

By  express  provision  of  this  act  all  mineral  lands  are  excluded  from  its  operation 
except  lands  containing  iron  or  coal. 
Hutton  V.  Forbes,  31  L.  D.  325,  p.  328. 

The  grant  to  the  railroad  company  included  every  alternate  section  of  public  land 
not  mineral. 
Jacob,  In  re,  7  C.  L.  O.  83. 

3.  KINDS  OF  MINERALS  EXCEPTED. 

Mineral  lands  which  in  law  exclude  them  from  a  railroad  grant  include  not  merely 
metalliferous  minerals,  but  all  such  as  are  chiefly  valuable  for  other  deposits  of  a 
mineral  character  wliich  are  useful  in  the  arts  or  valuable  for  purposes  of  manufacture. 

Southern  Pac.  R.  Co.,  In  re,  41  L.  D.  264,  p.  265. 

Tliis  act  does  not  except  from  the  grant  as  mineral  such  lands  as  were  simply  valu- 
able for  their  deposit  of  limestone,  as  such  lands  under  the  laws  then  in  force  were  not 
subject  to  disposal  as  mineral,  but  were  disposed  of  as  agricultural  when  used  for 
agricultural  purposes. 

Jacob,  In  re,  7  C.  L.  O.  83. 

4.   OIL  AS  MINERAL  LANDS  EXCEPTED. 

Oil  or  petroleum  lands  are  mineral  lands  within  the  meaning  of  that  term  in  this 
grant. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 
See  Ohio  Oil  Co.  v.  Indiana  Co.,  177  U.  S.  190,  p.  202. 
Northern  Pac.  R.  Co.  v.  Soderberg,  188  U.  S.  526. 

Congress  has  at  various  times  spoken  of  oil  as  a  mineral. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 

The  Land  Department  has  regarded  petroleum  as  a  mineral  and  has  treated  lands 
chiefly  valuable  therefor  as  mineral  lands. 
Burke  V.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 

Deposits  of  petroleum  oil  come  within  the  definition  of  mineral  character  of  land 
and  is  sufficient  to  exclude  such  land  from  a  railroad  grant  if  discovered  before  patent 
issues. 

Southern  Pac.  R.  Co.,  In  re,  41  L.  D.  264,  p.  265. 

The  mineral  character  of  land  is  prima  facie  established,  sufficient  to  exclude  it 
from  a  railroad  grant,  by  its  proper  classification  as  oil-bearing  land,  and  the  Secretary 
is  thereafter  without  power  to  issue  a  patent  for  such  land. 

Southern  Pac.  R.  Co.,  In  re,  41  L.  D.  264  p.  265. 
California,  In  re,  41  L.  D.  592,  p.  597. 

5.  INDEMNITY  LANDS  MINERALS  EXCEPTED. 

Section  18  of  this  act  grants  the  Southern  Pacific  Railroad  Co.  land  subject  to  all  the 
conditions  and  Limitations  and  under  the  regulations  as  that  of  the  Atlantic  &  Pacific 


KAILROAD  GRANTS,  PP.  1009-1158. 


1135 


Railroad,  and  accordiiij2:ly  lands  chiefly  valuable  for  mineral  deposit  or  asphaltum 
are  not  subject  to  selection  as  indemnity  lands  under  the  grant  that  expressly  excepts 
mineral  lands. 

Tulare  Oil  &  Min.  Co.  v.  Southern  Pac  R.  Co.,  29  L.  D.  269,  p.  272. 

6.  CHARACTER  OF  LAND  DETERMINATION. 

The  character  of  the  land  in  all  such  grants  is  a  question  for  the  Land  Department, 
the  same  as  are  the  qualifications  of  the  applicant  and  his  performance  of  the  acts 
upon  which  the  right  to  receive  the  title  depends,  and  when  a  patent  issues  it  is  to  be 
taken,  as  against  all  collateral  attack,  as  affording  conclusive  evidence  of  the  non- 
mineral  character  of  the  land  and  of  the  regularity  of  the  act  and  proceedings  resulting 
in  its  issue,  and  upon  a  direct  attack,  as  affording  such  presumptive  evidence  thereof 
as  to  require  plain  and  convincing  proof  to  overcome  it. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 
See  Smelting  Co.  v.  Kemp,  104  U.  S.  636,  p.  641. 
Steel  V.  Smelting  Co.,  106  U.  S.  447. 

In  the  nature  of  things  under  such  a  grant  there  must  be  some  point  of  time  when 
the  character  of  the  land  must  be  finally  determined  and  for  the  interests  of  all  con- 
cerned there  can  be  no  better  point  to  determine  this  question  than  at  the  time  of 
issuing  the  patent;  and  there  is  no  authority  to  issue  a  patent,  which,  in  fact,  only 
says  that  if  the  lands  described  hereafter  turn  out  to  be  agricultural  lands  then  they 
are  granted,  but  if  they  turn  out  to  be  mineral  lands  then  they  are  not  granted. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 
Cowell  V.  Lammers,  21  Fed.  200. 

7.  DECISIONS  OF  LAND  DEPARTMENT  CONCLUSIVE. 

In  cases  arising  before  the  Land  Department  where  there  is  difliculty  on  the  part  of 
its  officers  to  ascertain  with  accuracy  whether  the  lands  to  be  disposed  of  are  to  be 
deemed  mineral  lands  or  agricultural  lands,  these  oflficers  will  be  governed  by  the 
knowledge  of  the  lands  obtained  at  the  time  as  to  their  real  charaacter,  and  this  deter- 
mination of  the  facts  by  these  oflicers  that  they  are  one  or  the  other  is  conclusive. 

Roberts  v.  So.  Pac.  R.  Co.,  186  Fed.  934,  p.  935. 
Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  p.  329. 

Congress  intended  that  the  Land  Department  should  determine  the  character  of 
the  lands  granted  as  to  their  being  mineral  or  nonmineral  by  an  examination  and 
classification  before  patent,  and  that  the  patents  issued  pursuant  to  such  classifica- 
tion should  convey  the  Government's  entire  title  to  the  land  embraced  in  any  such 
patent. 

Roberts  v.  Southern  Pac.  R.  Co.,  186  Fed.  934,  p.  940. 

If  the  land  officers  are  induced  by  fraud  or  false  proofs  to  issue  a  patent  for  mineral 
lands  under  a  nonmineral-land  law,  or  after  such  patent  is  issued  by  inadvertence, 
the  Government  may  maintain  a  suit  to  annul  the  patent,  or  a  mineral  claimant  who 
had  acquired  a  vested  right  in  the  land,  might  maintain  a  bill  to  have  the  patentee 
declared  a  trustee  for  him;  but  such  a  patent  is  merely  voidable  and  is  not  void,  and 
can  not  be  attacked  by  strangers  who  had  no  interest  in  the  land  at  the  time  the  patent 
was  issued . 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 

See  Colorado  Coal  &  Iron  Co.  v.  United  States,  123  U.  S.  307,  p.  313. 
Diamond  Coal  Co.  v.  United  States,  233  U.  S.  236,  p.  239. 


1136  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


8.  DISCOVERY  OF  MINERAL  BEFORE  PATENT  EFFECT. 

A  discovery  of  the  mineral  character  of  land  within  a  railroad  grant  at  any  time 
before  issue  of  patent  will  defeat  the  grant. 

Southern  Pac.  R.  Co.,  In  re,  41  L.  D.  264,  p.  265. 

See  Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  p.  329. 

9.  PATENT. 

a.  DETERMINATION  OF  CHARACTER  OP  LAND. 

Tlie  fact  that  patents  to  the  railroad  company  under  this  grant  contain  a  clause 
''excluding  and  excepting  all  mineral  lands,  should  any  such  be  found  in  the  tracts 
aforesaid,"  does  not  necessarily  show  that  the  Land  Department  did  not  consider  or 
determine  whether  the  lands  were  mineral  or  not;  and  the  practice  in  the  Land  Depart- 
ment under  this  grant,  as  well  as  under  grants  to  the  Pacific  Railroad  Co.,  shows  that 
care  was  taken,  precautions  exercised,  affidavits  required,  examinations  made,  lists 
of  lands  made  and  scrutinized,  and  hearings  were  often  had  in  in  the  local  land  office 
to  determine  whether  lands  listed  or  desired  to  be  patented  were  mineral  or  otherwise, 
and  plats  were  frequently  taken  and  considered  by  the  Secretary  of  the  Interior;  and 
such  excepting  clause  was  accordingly  never  intended  to  take  the  place  of  an  inquiry 
in  the  character  of  the  lands  described  or  to  dispense  with  the  determination  of  that 
question,  and  its  presence  in  these  patents  does  not  signify  that  no  inquiry  or  deter- 
mination was  had . 

Burke  V.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 

Under  this  grant  the  issue  of  a  patent  is  authorized  if  the  lands  are  patentable,  and 
if  not  patentable  the  patent  is  unauthorized,  and  the  issue  of  a  patent  is  as  conclusive 
evidence  of  the  determination  of  the  fact  of  patentability,  upon  a  collateral  attack, 
in  the  one  case  as  in  the  other;  and  if  it  should  subsequently  appear  that  all  the  land 
described  is  in  fact  mineral,  then  the  exception  would  be  as  broad  as  the  grant  and 
would  be  void  as  an  exception. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 
Cowell  V.  Lammers,  21  Fed.  200. 

The  issue  of  a  patent  by  the  Land  Department  to  a  railroad  company  under  the  con- 
gressional grant  was  a  determination  by  that  tribunal  that  the  lands  included  in  the 
patent  when  granted  to  the  railroad  company,  and  under  the  proviso  of  the  act,  were 
not  mineral  at  the  date  of  the  issuance  of  the  patent. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 
See  Deffeback  v.  Hawke,  115  U.  S.  392,  p.  406. 
Spong,  In  re,  5  L.  D.  193. 

This  act  plainly  shows  that  patents  should  not  issue  for  lands  excluded  by  its  terms 
and  to  which  the  railroad  company  was  not  to  have  any  right  or  title,  and  the  direc- 
tion respecting  the  issue  of  patents  necessarily  carried  with  it  the  power  and  the  duty 
of  determining  in  every  instance  whether  the  land  came  within  the  terms  of  the  grant, 
or  for  any  reason  was  excluded  from  it,  and  patent  was  to  be  granted  or  refused  accord- 
ingly; and  upon  this  theory  the  Land  Department  has  uniformly  proceeded  with  the 
administration  and  adjustment  of  this  and  other  railroad  grants,  and  this  theory  has 
been  approved  by  the  courts. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 

b.  EXTENT  AND  EFFECT  OF  EXCEPTING  CLAUSE. 

A  patent  to  lands  under  this  grant  should  in  terms  exclude  therefrom  all  mineral 
lands  other  than  coal  or  iron  lands. 
Atlantic,  etc.,  R.  Co.,  In  re,  12  L.  D.  116,  p.  117. 


BAILEOAD  ORANTS,  Pr.  1000-1158. 


1137 


Officers  of  the  Laud  Department  have  no  authority  to  insert  iu  a  patent  to  a  railroad 
company  a  clause  excepting  from  the  lands  described  in  its  granting  clause  "all  min- 
eral lands  if  any  such  be  found  in  the  tract  aforesaid." 

Roberts  v.  Southern  Pac.  R.  Co.,  186  Fed.  934,  pp.  936,  945. 
See  Shaw  v.  Kellogg,  170  U.  S.  312. 

The  officers  of  the  Land  Department,  being  merely  agents  of  the  Government,  have 
no  authority  to  insert  in  a  patent  under  such  a  grant  any  other  terms  than  those  of 
conveyance,  with  recitals  showing  compliance  with  the  conditions  which  the  law 
prescribes,  and  such  a  patent  carries  with  it  such  rights  to  the  land  described  as  the 
law  confers,  and  no  other,  and  these  rights  can  neither  be  enlarged  nor  diminished  by 
any  reservations  of  the  officers  of  the  Land  Department,  resting  for  their  fitness  only 
upon  the  judgment  of  those  officers. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 
See  Deffeback  v.  Hawke,  115  U.  S.  392. 

Davis  V.  Weibbold,  139  U.  S.  507. 

Shaw  V.  Kellogg,  170  U.  S.  312. 

Sullivan  v.  Iron  Silver  Min.  Co.,  143  U.  S.  431,  p.  441. 

C.  NO  PRIVATE  ENTRY  AFTER  ISSUE. 

Under  this  grant  and  after  a  patent  had  been  issued  by  the  Government  to  the  suc- 
cessor of  the  grantee  pursuant  to  the  authority  expressed  in  the  grant,  a  citizen  of  the 
United  States  can  not  lawfully  enter  upon  any  tract  of  land  many  years  after  the 
patent  has  been  issued  and  claim  any  such  tract  as  mineral  land,  though  the  patent 
contained  an  exception  excluding  all  mineral  lands  if  any  such  should  be  found  in  the 
tracts  so  patented. 

Roberts  v.  Southern  Pac.  R.  Co.,  186  Fed.  934,  p.  935. 
Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 

Lands  listed  to  the  railroad  company  under  the  provisions  of  this  act  are  not  subject 
to  entry  by  a  mineral  claimant  on  account  of  a  small  quantity  of  oil  seeping  from  a 
stratum  of  bituminous  sandstone  or  shale  some  6  feet  in  thickness. 

Southwestern  Oil  Co.  v.  Atlantic  &  Pac.  R.  Co.,  39  L.  D.  335,  p.  336. 

10.  PURCHASER  FROM  RAILROAD  COMPANY  TITLE. 

A  purchaser  from  the  railroad  company  of  lands  which  are  by  him  known  to  be 
mineral  and  known  to  be  therel)y  excluded  from  the  grant  is  not  a  purchaser  in  good 
faith. 

Hutton  V.  Forbes,  31  L.  D.  325,  p.  329. 

WTiere  lands  are  not  known  by  a  purchaser  to  be  mineral  lands  at  the  time  of  his 
purchase  and  to  be  excluded  thereby  from  the  grant,  no  subsequent  discovery  or 
development  of  minerals  upon  such  lands  can  affect  the  question  of  the  good  faith  of 
his  purchase. 

Hutton  V.  Forbes,  31  L.  D.  325,  p.  329. 

11.  TITLE  OF  SOUTHERN  PACIFIC  TO  OIL  LAISTDS  BURKE  CASE. 

In  the  most  recent  construction  of  this  act  in  a  case  involving  title  to  vast  quantities 
of  valuable  oil  lands  in  California,  the  Supreme  Court  concluded  its  opinion  by  mak- 
ing concrete  answers  to  the  seven  propositions  submitted,  which,  with  the  answers, 
are  as  follows: 

1.  Did  the  said  grant  to  the  Southern  Pacific  Railroad  Co.  include  mineral  lands 
which  were  known  to  be  such  at  or  prior  to  the  date  of  the  patent  of  July  10, 1894? 

Answer.  Mineral  lands,  known  to  be  such  at  or  prior  to  the  issue  of  patent,  were  not 
included  in  the  grant,  but  excluded  from  it,  and  the  duty  of  determining  the  character 


1138  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


of  the  lands  was  cast  primarily  on  the  Land  Department,  which  was  charged  with  the 
issue  of  patents. 

2.  Does  a  patent  to  a  railroad  company  under  a  grant  which  excludes  mineral  lands, 
as  in  the  present  case,  but  which  is  issued  without  any  investigation  upon  the  part  of 
the  officers  of  the  Land  Office  or  of  the  Department  of  the  Interior  as  to  the  quality  of 
the  land,  whether  agricultural  or  mineral,  and  without  hearing  upon  or  determination 
of  the  quality  of  the  lands  operate  to  convey  lands  which  are  thereafter  ascertained 
to  be  mineral? 

Answer.  A  patent  issued  in  such  circumstances  is  irregularly  issued,  undoubtedly 
so,  but  as  it  is  the  act  of  a  legally  constituted  tribunal  and  is  done  within  its  jurisdic- 
tion, it  is  not  void  and  therefore  passes  the  title  subject  to  the  right  of  the  Government 
to  attack  the  patent  by  a  direct  suit  for  its  annulment  if  the  land  was  known  to  be 
mineral  when  the  patent  issued. 

3.  Is  the  reservation  and  exception  contained  in  the  grant  in  the  patent  to  the 
Southern  Pacific  Railroad  Co.  void  and  of  no  effect? 

Answer.  The  mineral  land  exception  in  the  patent  is  void. 

4.  If  the  reservation  of  mineral  lands  as  expressed  in  the  patent  is  void,  then  is  the 
patent,  upon  a  collateral  attack,  a  conclusive  and  official  declaration  that  the  land  is 
agricultural  and  that  all  the  requirements  preliminary  to  the  issuance  of  the  patent 
have  been  complied  with? 

Answer.  It  is  conclusive  upon  a  collateral  attack. 

5.  Is  petroleum  or  mineral  oil  within  the  meaning  of  the  term  "mineral "  as  it  was 
used  in  said  acts  of  Congress  reserving  mineral  land  from  the  railroad  land  grants  ? 

Answer.  Petroleum  lands  are  mineral  lands  within  the  meaning  of  that  term  in 
railroad  land  grants. 

6.  Does  the  fact  that  the  appellant  was  not  in  privity  with  the  Government  in  any 
respect  at  the  time  when  the  patent  was  issued  to  the  railroad  company  prevent  him 
from  attacking  the  patent  on  the  ground  of  fraud,  error,  or  irregularity  in  the  issuance 
thereof  as  so  alleged  in  the  bill? 

Answer.  It  does. 

7.  If  the  mineral  exception  clause  was  inserted  in  the  patent  with  the  consent  of 
the  defendant.  Southern  Pacific  Railroad  Co.,  and  under  an  understanding  and 
agreement  between  it  and  the  officers  of  the  Interior  Department  that  said  clause 
should  be  effective  to  keep  in  the  United  States  title  to  such  of  the  lands  described  in 
the  patent  as  were  in  fact  mineral,  are  the  defendants,  Southern  Pacific  Railroad  Co. 
and  the  Kern  Trading  &  Oil  Co.,  estopped  to  deny  the  validity  of  said  clause? 

Answer.  No;  such  an  agreement  is  of  no  greater  force  as  an  estoppel  than  the  excep- 
tion in  the  patent.  The  latter  being  void,  the  patent  passes  the  title  and  is  not  open 
to  collateral  attack,  or  to  attack  by  strangers  whose  only  claim  was  initiated  after  the 
issue  of  the  patent. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  669. 

16  STAT.  382,  JUNE  28,  1870. 

SOUTHERN  PACIFIC— PATENTS. 
JOINT  RESOLUTION  Concerning  the  Southern  Pacific  Railroad  of  California. 

Be  it  resolved,  etc.,  That  the  Southern  Pacific  Kailroad  Co.  of 
California  may  construct  its  road  and  telegraph  Ime,  as  near  as  may 
be,  on  the  route  indicated  by  the  map  filed  by  said  company  in  the 
Department  of  the  Interior  on  the  3d  day  of  January,  1867;  and  upon 
the  construction  of  each  section  of  said  road,  in  the  manner  and  within 


BAILBOAD  GRANTS,  PP.  1000-1158. 


1139 


the  time  provided  by  law,  and  notice  thereof  being  given  by  the 
company  to  the  Secretary  of  the  Interior,  he  shall  direct  an  examina- 
tion of  each  sucli  section  by  commissioners  to  be  appointed  by  the 
President,  as  provided  in  tlie  act  of  making  a  grant  of  land  to  said 
company,  approved  July  27,  186G,  and  upon  the  report  of  the  com- 
missioners to  the  Secretary  of  the  Interior  that  such  section  of  said 
railroad  and  telegraph  line  has  been  constructed  as  required  by  law, 
it  shall  be  the  duty  of  the  said  Secretary  of  the  Interior  to  cause 
patents  to  be  issued  to  said  company  for  the  sections  of  land  coter- 
minous to  each  constructed  section  reported  on  as  aforesaid,  to  the 
extent  and  amount  granted  to  said  company  by  the  said  act  of  July 
27,  1866,  expressly  saving  and  reserving  all  rights  of  actual  settlers 
together  with  the  other  conditions  and  restrictions  provided  for  in 
the  third  section  of  said  act. 

See  14  Stat.  292,  sec.  18,  p.  1132. 

15  STAT.  187,  JTTLY  25,  1868. 

SOUTHERN  PACIFIC— EXTENSION  OF  TIME. 

AN  ACT  To  extend  the  time  for  the  construction  of  the  Southern  Pacific  Railroad 

in  the  State  of  California. 

Be  it  enacted,  etc..  That  the  Southern  Pacific  Railroad  Co.  of  the 
State  of  California  shall,  instead  of  the  times  now  fixed  by  law  for 
the  construction  of  the  first  section  of  its  road  and  telegraph  line, 
have  until  the  1st  day  of  July,  1870,  for  the  construction  of  the  first 
30  miles,  and  they  shall  be  required  to  construct  at  least  20  miles 
every  year  thereafter,  and  the  whole  line  of  their  road  within  the  time 
now  provided  by  law. 

A.  RAILROAD  GRANT— SOUTHERN  PACIFIC. 

1.  Return  of  surveyor  general — Entry  without  notice. 

2.  Application  for  patent — Protest — Hearing. 

1.  return  of  surveyor  general  entry  without  notice. 

The  return  of  the  surveyor  general  does  not  warrant  the  local  officers  upon  presenta- 
tion of  an  application  for  mineral  patent  to  land  that  has  been  segregated  from  the 
public  domain  by  grant  to  a  railroad  company  in  permitting  an  entry  to  be  made  with- 
out due  and  proper  notice  to  such  company. 

Southern  Pac.  R.  Co.  v.  Grifiin,  20  L.  D.  485,  p.  486. 

Where  lands  returned  as  mineral  by  a  surveyor  have  been  many  times  explored  by 
those  in  search  of  mineral  lands,  it  is  fair  to  presume  that  all  such  mineral  lands  have 
been  located,  and  the  return  in  such  case  is  not  controlling. 

Benjamin  v.  Southern  Pac.  R.  Co.,  21  L.  D.  387,  p.  389. 

2.  APPLICATION  FOR  PATENT  PROTEST  HEARING. 

In  an  application  for  patent  for  lands  under  this  grant  a  protest  containing  no 
specific  allegation  as  to  the  presence  of  mineral  in  any  particular  tract  covered  by  the 
application  will  not  warrant  a  hearing  as  to  the  character  of  the  land. 

Benjamin  v.  Southern  Pac.  R.  Co.,  21  L.  D.  387,  p.  389. 


1140  UmTED  STATES  MINING  STATUTES  ANNOTATED. 


14  STAT.  338,  JULY  28,  1866. 

ARKANSAS  AND  MISSOURI— MINERAL  LANDS  EXCEPTED. 

AN  ACT  To  revive  and  extend  the  provisions  of  an  act  granting  the  right  of  way  and 
making  a  grant  of  land  to  Arkansas  and  Missouri,  to  aid  in  tlie  construction  of  a  rail- 
road from  the  Mississippi  River  to  the  Texas  boundary. 

Be  it  enacted,  etc.,  That  the  act  ^^Grantuig  the  right  of  way  and 
making  a  grant  of  lands  to  the  States  of  Arkansas  and  Missouri  to 
aid  in  the  construction  of  a  raih^oad  from  a  point  upon  the  Mississippi 
opposite  the  mouth  of  the  Ohio  River,  via  Little  Rock,  to  the  Texas 
boundary,  near  Fulton,  in  Arkansas,  with  branches  to  Fort  Smith 
and  the  Mississippi  River,"  approved  February  9,  1853,  with  all  the 
provisions  therein  made,  be,  and  the  same  is  hereby,  revived  and 
extended  for  the  term  of  10  years  from  the  passage  of  this  act;  and 
all  the  lands  therein  granted,  which  reverted  to  the  United  States, 
under  the  provisions  of  said  act,  be,  and  the  same  are  hereby,  restored 
to  the  same  custody,  control,  and  condition,  and  made  subject  to  the 
uses  and  trusts  in  all  respects  as  they  were  before  and  at  the  time 
such  reversion  took  effect:  Provided,  That  all  mineral  lands  within 
the  limits  of  this  grant  and  the  grant  made  in  section  2  of  this  act  are 
hereby  reserved  to  the  United  States:  And  provided  further,  That  all 
property  and  troops  of  the  United  States  shall  at  all  times  be  trans- 
ported over  said  railroad  and  branches  at  the  cost,  charge,  and 
expense  of  the  company  or  corporation  owning  or  operating  said 
road  or  branches  respectively,  when  so  required  by  the  Government 
of  the  United  States. 

A.  GRANT  TO  STATES— ARKANSAS  AND  MISSOURI. 

1.  MINERAL  LANDS  EXCEPTED. 

This  act  granting  lands  to  Arkansas  and  Missouri  expressly  reserved  all  mineral 
lands  within  the  grant. 
St.  Louis,  etc.,  R.  Co.  v.  McGee,  115  U.  S.  469,  p.  472. 

14  STAT.  548,  MARCH  2,  1867. 

MINERAL  LANDS  EXCEPTED— CALIFORNIA. 

AN  ACT  Granting  lands  to  aid  in  the  construction  of  a  railroad  from  Stockton  to  the 

town  of  Copperopolis,  Cal. 

Be  it  enacted,  etc.    *    *  * 

Sec.  2.  That  there  be,  and  is  hereby,  granted  to  the  State  of  Cali- 
fornia, for  the  construction  of  the  said  Stockton  &  CopperopoUs  Rail- 
road, its  successors  and  assigns,  for  the  purpose  of  aiding  in  the  con- 
struction of  said  railroad,  upon  the  condition  prescribed  in  section 
1  of  this  act,  and  to  secure  the  safe  and  speedy  transportation  of  the 
mails,  troops,  munitions  of  war,  and  public  stores  over  the  route  of 
said  line  of  railway,  every  alternate  section  of  public  land  designated 
by  odd  numbers  to  the  extent  of  five  alternate  sections  on  each  side 
of  said  railroad  line  as  said  company  may  adopt,  whenever  on  the 
line  thereof  the  United  States  have  full  title,  not  reserved,  sold, 
granted,  or  otherwise  appropriated,  and  free  from  preemption  or 
other  claims  or  rights  at  the  time  the  line  of  said  road  is  definitely 
fixed  and  a  plot  thereof  filed  in  the  office  of  the  Commissioner  of  the 


EAILEOAD  GRANTS^  PP.  1009-1158. 


1141 


General  Land  Oflicc.  And  whojiever,  ])rior  to  said  time,  any  of  said 
sections  or  ])arts  of  sections  shall  have  been  granted,  sold,  reserved, 
or  covered  by  private  land  grants,  or  occupied  by  homestead  settlers, 
or  preempted,  or  otherwise  dis])osed  of,  other  lands  shall  be  selected 
by  said  company,  in  lieu  thereof,  on  the  line  of  said  road,  within  20 
miles  of  the  same,  under  the  direction  of  the  Secretary  of  the  Interior, 
in  alternate  sections,  and  designated  by  odd  numbers:  Provided, 
That  all  lands  containing  gold,  or  silver,  or  copper,  be,  and  the  same 
are  hereby,  excluded  from  the  operations  of  this  act,  and  in  lieu 
thereof,  a  like  quantity  of  unoccupied  and  unappropriated  lands, 
in  odd-numbered  sections,  within  the  said  20  miles  of  the  line  of  said 
road,  may  be  selected,  as  above  provided:  And  provided  further, 
That  the  word  ''mineral,"  where  it  occurs  in  this  act,  shall  not  be 
held  to  include  iron  or  coal. 

16  STAT.  94,  MAY  4,  1870. 

OREGON  CENTRAL— MINERAL  LANDS  EXCEPTED. 

AN  ACT  Granting  lands  to  aid  in  the  construction  of  a  railroad  and  telegraph  line 
from  Portland  to  Astoria  and  McMinnville,  Oreg. 

Be  it  enacted,  etc.,  That  for  the  purpose  of  aidmg  in  the  construc- 
tion of  a  railroad  and  telegraph  line  from  Portland  to  Astoria,  and 
from  a  suitable  point  of  junction  near  Forest  Grove  to  the  Yamkill 
River,  near  McMinnville,  in  the  State  of  Oregon,  there  is  hereby  granted 
to  the  Oregon  Central  Railroad  Co.,  now  engaged  in  constructing  the 
said  road,  and  to  their  successors  and  assigns,  the  right  of  way  through 
the  pubhc  lands  of  the  width  of  100  feet  on  each  side  of  said  road,  and 
the  right  to  take  from  the  adjacent  public  lands  materials  for  con- 
structing said  road,  and  also  the  necessary  land  for  depots,  stations, 
sidetracks,  and  other  needful  uses  in  operating  the  road,  not  exceeding 
40  acres  at  any  one  place;  and,  also,  each  alternate  section  of  the  public 
land,  not  mdneral,  excepting  coal  or  iron  land,  designated  by  odd 
numbers  nearest  to  said  road,  to  the  amount  of  10  such  alternate 
sections  per  mile,  on  each  side  thereof,  not  otherwise  disposed  of  or 
reserved  or  held  by  valid  preemption  or  homestead  right  at  the  time 
of  the  passage  of  this  act.    And  in  case  the  quantity  of  10  full  sections 

f)er  mile  can  not  be  found  on  each  side  of  said  road,  within  the  said 
imits  of  20  miles,  other  lands  designated  as  aforesaid  shall  be  selected 
under  the  direction  of  the  Secretary  of  the  Interior  on  either  side  of 
any  part  of  said  road  nearest  to  and  not  more  than  25  miles  from  the 
track  of  said  road  to  make  up  such  deficiency. 

16  STAT.  573,  p.  576,  MARCH  3,  1871. 

TEXAS  PACIFIC— MINERALS   EXCEPTED— COAL   AND   IRON  NOT 

EXCEPTED. 

AN  ACT  To  incorporate  the  Texas  Pacific  Railroad  Co.'  and  to  aid  in  the  construction 

of  its  road. 

Be  it  enacted,  etc.,  That  (certain  persons  here  named)  and  all  such 
persons  as  shall  or  may  be  associated  with  them,  and  their  successors, 
are  hereby  created  a  body  politic  and  corporate  in  fact  and  in  law,  by 
the  name,  style,  and  title  of  the  Texas  Pacific  Railroad  Co.,  and  by 
that  name  shall  have  perpetual  succession,  and  shall  be  able  to  sue  and 


1142  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


be  sued,  plead  and  be  impleaded,  defend  and  be  defended,  in  all 
courts  of  law  and  equity  within  the  United  States,  and  may  make  and 
use  a  common  seal;  and  the  said  corporation  is  hereby  authorized 
and  empowered  to  lay  out,  locate,  construct,  furnish,  maintain,  and 
enjoy  a  continuous  railroad  and  telegraph  line,  with  the  appurte- 
nances, from  a  point  at  or  near  Marshall,  county  of  Harrison,  State 
of  Texas;  thence  by  the  most  direct  and  eligible  route,  to  be  de- 
termined by  said  company,  near  the  thirty-second  parallel  of  north 
latitude,  to  a  point  at  or  near  El  Paso ;  thence  by  the  most  direct  and 
eligible  route,  to  be  selected  by  said  company,  through  New  Mexico 
and  Arizona,  to  a  point  on  the  Rio  Colorado,  at  or  near  the  south- 
eastern boundary  of  the  State  of  California;  thence  by  the  most 
direct  and  eligible  route  to  San  Diego,  CaL,  pursuing  in  the  location 
thereof,  as  near  as  may  be,  the  thirty-second  parallel  of  north  latitude, 
and  is  hereby  vested  with  all  the  powers,  privileges,  and  immunities 
necessary  to  carry  into  effect  the  purposes  of  this  act. 

******* 

Sec.  9.  That  for  the  purpose  of  aiding  in  the  construction  of  the 
railroad  and  telegraph  line  herein  provided  for,  there  is  hereby  granted 
to  the  said  Texas  Pacific  Railroad  Co.,  its  successors  and  assigns, 
every  alternate  section  of  public  land,  not  mineral,  designated  by 
odd  numbers,  to  the  amount  of  20  alternate  sections  per  mile,  on  each 
side  of  said  railroad  line,  as  such  line  maybe  adopted  by  said  company, 
through  the  Territories  of  the  United  States,  and  10  alternate  sections 
of  land  per  mile  on  each  side  of  said  railroad  in  California,  where  the 
same  shall  not  have  been  sold,  reserved,  or  otherwise  disposed  of  by 
the  United  States,  and  to  which  a  preemption  or  homestead  claim 
may  not  have  attached  at  the  time  the  line  of  said  road  is  definitely 
fibced.  In  case  any  of  said  lands  shall  have  been  sold,  reserved,  occu- 
pied, or  preempted,  or  otherwise  disposed  of,  other  lands  shall  be 
selected  in  lieu  thereof  by  said  company,  under  the  direction  of  the 
Secretary  of  the  Interior,  in  alternate  sections,  and  designated  by  odd 
numbers,  not  more  than  10  miles  beyond  the  limits  of  said  alternate 
sections  first  above  named,  and  not  including  the  reserved  numbers. 
If,  in  the  too  near  approach  of  the  said  railroad  line  to  the  boundary 
of  Mexico,  the  numher  of  sections  of  land  to  which  the  company  is 
entitled  can  not  be  selected  immediately  on  the  line  of  said  railroad, 
or  in  lieu  of  mineral  lands  excluded  from  this  grant,  a  like  quantity 
of  unoccupied  and  unappropriated  agricultural  lands,  in  odd-num- 
bered sections  nearest  the  Ime  of  said  railroad  may  be  selected  as 
above  provided;  and  the  word  ' 'mineral,"  where  it  occurs  in  this 
act,  shall  not  be  held  to  include  iron  or  coal:  Provided,  however. 
That  no  public  lands  are  hereby  granted  within  the  State  of  California 
further  than  20  miles  on  each  side  of  said  road,  except  to  make  up 
deficiencies  as  aforesaid,  and  then  not  to  exceed  20  miles  from  the 
lands  originally  granted.    *    *  * 

Sec.  23.  That,  for  the  purpose  of  connecting  the  Texas  Pacific 
Railroad  with  the  city  of  San  Francisco,  the  Southern  Pacific  Rail- 
road Co.  of  California  is  hereby  authorized  (subject  to  the  laws  of 
California)  to  coastruct  a  line  of  railroad  from  a  point  at  or  near 
Tehachapa  Pass,  by  way  of  Los  Angeles,  to  the  Texas  Pacific  Railroad 
at  or  near  the  Colorado  River,  with  the  same  rights,  grants,  and  priv- 
ileges, and  subject  to  the  same  limitations,  restrictions,  and  conditions 


RAILROAD  GRANTS,  PP.  1009-1158. 


1143 


as  were  granted  to  said  Soutliorii  Pacific  Railroad  Co.  of  California, 
by  the  act  of  July  27,  ISCUi:  l^rovided,  however,  That  this  section 
shall  in  no  way  affect  or  impair  the  rights,  present  or  prospective, 
of  the  Atlantic  &  Pacific  Railroad  Co.  or  any  other  railroad  company. 

A.  RAILROAD  GRANT— TEXAS  PACIFIC. 

1.   INDEMNITY  LANDS  PETROLEUM  LANDS  EXCEPTED. 

Under  the  power  given  the  raiboad  company  to  sell  indemnity  lands  the  railroad 
can  not  select  lands  containing  petroleum. 

Union  Oil  Co.,  In  re  (on  review),  25  L.  D.  351,  p.  352. 
See  Union  Oil  Co.,  In  re,  23  L.  D.  222. 

16  STAT.  580,  MARCH  3,  1871. 

SOUTH  &  NORTH  RAILROAD— MINERAL  LANDS  EXCEPTED. 
AN  ACT  To  renew  certain  grants  of  land  to  the  State  of  Alabama. 

Be  it  enacted,  etc.,  That  the  grant  of  lands  made  to  the  State  of 
Alabama  by  the  act  of  Congress  approved  June  3,  1856,  entitled 
''An  act  granting  public  lands,  in  alternate  sections,  to  the  State 
of  Alabama,  to  aid  in  the  construction  of  certam  railroads  in  said 
State,"  to  assist  in  the  building  of  a  railroad  from  the  city  of  Mont- 
gomery, Ala.,  to  some  point  on  the  Alabama  and  Tennessee  State 
line,  in  the  direction  of  Nashville,  is  hereby  revived  and  renewed 
for  the  use  and  benefit  of  the  South  &  North  Alabama  Kailroad  Co., 
subject  to  all  the  conditions  and  restrictions  contained  in  the  act  re- 
ferred to,  and  subject  to  the  further  limitation,  that  if  the  said  rail- 
road is  not  completed  within  three  years  from  the  passage  of  this 
act  no  further  sale  shall  be  made  for  the  benefit  of  said  road,  and 
the  lands  unsold  shall  revert  to  the  United  States:  Provided,  That  , 
the  lands  granted  by  the  act  hereby  revived,  except  mineral  lands, 
shall  be  sold  to  actual  settlers  only,  in  quantities  not  greater  than 
one-quarter  section  to  any  one  purchaser,  and  for  a  price  not  exceed- 
ing $2.50  per  acre. 

17  STAT.  339,  JUNE  8,  1872. 

DENVER  &  RIO  GRANDE— RIGHTS  CONFERRED. 

AN  ACT  Granting  the  right  of  way  through  the  public  lands  to  the  Denver  &  Rio 

Grande  Railway  Co. 

Be  it  enacted,  etc.,  That  the  right  of  way  over  the  public  domain, 
100  feet  m  width  on  each  side  of  the  track,  together  with  such  public 
lands  adjacent  thereto  as  may  be  needed  for  depots,  shops,  and  other 
buildings  for  railroad  purposes,  and  for  yard  room  and  sidetracks, 
not  exceeding  20  acres  at  any  one  station,  and  not  more  than  one 
station  in  every  10  miles,  and  the  right  to  take  from  the  public  lands 
adjacent  thereto,  stone,  timber,  earth,  water,  and  other  material 
required  for  the  construction  and  repair  of  its  railway  and  telegraph 
line  be,  and  the  same  are  hereby,  granted  and  confirmed  unto  the 
Denver  &  Eio  Grande  Railway  Co.,  a  corporation  created  under  the 
incorporation  laws  of  the  Territory  of  Colorado,  its  successors  and 
assigns;    *    *    *    and  the  same  rights,  powers,   and  privileges 


1144  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


conferred  upon  the  Union  Pacific  Railroad  Co.  by  section  3  of  an 
act  approved  July  2,  1864,  are  hereby  conferred  upon  the  above- 
named  company,  its  successors  and  assigns:    *    *  * 

A.  RAILROAD  GRANT— DENVER  &  RIO  GRANDE. 

1.  MINING  CLAIMS  SUBJECT  TO  GRANT. 

A  mineral  claimant  must  take  liis  claim  subject  to  the  right  of  occupation  by  a 
railroad  company  for  station  purposes. 
McCarthy,  In  re,  14  L.  D.  105,  p.  110. 

This  act  was  an  absolute  unconditional  grant  in  presenti,  which  acquired  precision 
upon  the  location  of  the  company's  road,  and  in  an  action  by  a  mineral  claimant 
for  damages  for  appropriation  of  his  claim  for  a  right  of  way,  the  act  itself  is  not  proof 
sufficient  to  show  that  the  mining  claim  was  within  the  limits  of  such  right  of  way. 

Jackson  v.  Dines,  13  Colo.  90,  p.  97. 

24  STAT.  477,  MARCH  3,  1887. 

SALT  LAKE  &  FORT  DOUGLAS— RIGHTS  CONFERRED. 
AN  ACT  Granting  a  right  of  way  through  certain  public  lands  in  Utah, 

Be  it  enacted,  etc.,  That  a  right  of  way  is  hereby  granted  to  the 
Salt  Lake  &  Fort  Douglas  Kailway,  a  corporation  duly  organized 
under  the  laws  of  the  Territory  of  Utah,  across  the  Fort  Douglas 
Military  Keservation,  by  a  route  surveyed  and  laid  down  on  a  prop- 
erly certified  map,  a  copy  of  which  is  now  on  file  with  the  Secretary 
of  War,  which  location  has  been  submitted  to  and  approved  by  the 
post  commander  and  the  commander  of  the  department.  Said 
right  of  way  hereby  granted  shall  not  exceed  100  feet  in  width  through 
,said  reservation,  except  where  sidetracks,  spurs,  turntables,  or  sta- 
tions are  located  or  to  be  located ;  and  at  such  pomts  the  right  of  way 
shall  not  exceed  200  feet  on  each  side  of  the  main  track  and  not 
exceeding  2,000  feet  in  length.    *    *  * 

Sec.  2.  That  the  grant  contained  in  the  first  section  of  this  act  is 
made  upon  the  express  condition  that  the  Salt  Lake  Rock  Co.,  its 
successors  and  assigns,  shall  first  convey  to  the  United  States  a  title 
in  fee  simple,  free  and  clear  of  all  encumbrance,  to  the  approval 
of  the  Attorney  General  of  the  United  States,  of  the  following  lands, 
water,  and  water  rights  in  Salt  Lake  County,  Territory  of  Utah,  to 
wit:  Sections  numbered  25  and  35,  township  numbered  1,  range 
numbered  1  east,  and  section  numbered  19,  township  numbered  1, 
range  numbered  2  east,  with  all  the  water  and  water  rights  thereon, 
excepting  and  reserving  to  the  said  company,  its  successors  and  as- 
signs, all  stone,  brick  clay,  and  other  building  materials,  and  all 
minerals  in  and  upon  said  lands,  and  the  right  to  enter  thereon  and 
prospect  for,  develop,  quarry,  and  remove  such  stone,  brick  clay, 
and  other  building  materials,  and  all  such  minerals,  with  the  right 
to  locate  and  construct  all  necessary  railroads,  wagon  roads,  and 
trails,  to  give  the  said  company  the  benefit  and  enjoyment  of  the 
rights  reserved  to  it,  and  its  successors  and  assigns,  by  this  act,  and 
also,  in  addition  thereto,  the  right  of  use  of  so  much  water  as  may  be 
necessary  for  engine  purposes;  and  the  said  reservations  are  hereby 
confirmed  as  against  the  United  States:    *    *  * 


RAILROAD  GRANTS,  PP.  1099-1158. 


1145 


A.  DESERT  LANDS. 

Desert  lands  under  this  act  are  those  exclusive  of  timber  and  mineral  lands. 
Wyoming,  In  re,  38  L.  D.  508,  p.  509. 

24  STAT.  556,  MARCH  3,  1887. 

ADJUSTMENT  OF  GRANTS— FORFEITURE  OF  UNEARNED  LANDS. 

AN  ACT  To  provide  for  the  adjustment  of  land  grants  made  by  Congress  to  aid  in  thr? 
construction  of  railroads  and.  for  the  forfeiture  of  unearned  lands,  etc. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and  is 
hereby  authorize!  and  directed  to  immediately  adjust,  in  accordance 
with  the  decisions  of  the  Supreme  Court,  each  of  the  railroad  land 
grants  made  by  Congress  to  aid  in  the  construction  of  railroads  and 
heretofore  unadjusted. 

Sec.  2.  That  if  it  shall  appear,  upon  the  completion  of  such  adjust- 
ments respectfully,  or  sooner,  that  lands  have  been,  from  any  cause, 
heretofore  erroneously  certified  or  patented,  by  the  United  States, 
to  or  for  the  use  or  benefit  of  any  company  claiming  by,  through,  or 
under  grant  from  the  United  States,  to  aid  in  the  construction  of  a 
railroad,  it  shall  be  the  duty  of  the  Secretary  of  the  Interior  to  there- 
upon demand  from  such  company  a  relinquishment  or  reconveyance 
to  the  United  States  of  all  such  lands,  whether  within  granted  or 
indemnity  limits;  and  if  such  company  shall  neglect  or  fail  to  so 
reconvey  such  lands  to  the  United  States,  within  90  days  after  the 
aforesaid  demand  shall  have  been  made,  it  shall  thereupon  be  the 
duty  of  the  Attorney  General  to  commence  and  prosecute  in  the 
proper  courts  the  necessary  proceedings  to  cancel  all  patents,  certi- 
fication, or  other  evidence  of  title  heretofore  issued  for  such  lands, 
and  to  restore  the  title  thereof  to  the  United  States. 

Sec.  3.  That  if,  in  the  adjustment  of  said  grants,  it  shall  appear 
that  the  homestead  or  preemption  entry  of  any  bona  fide  settler  has 
been  erroneously  canceled  on  account  of  any  railroad  grant  or  the 
withdrawal  of  public  lands  from  market,  such  settler  upon  appli- 
cation, shall  be  reinstated  in  all  his  rights  and  allowed  to  perfect 
his  entry  by  complying  with  the  public  land  laws:  Provided,  That 
he  has  not  located  another  claim  or  made  an  entry  in  lieu  of  the  one 
so  erroneously  canceled:  And  provided  also,  That  he  did  not  volun- 
tarily abandon  said  original  entry:  And  provided  further,  That  if 
any  of  said  settlers  do  not  renew  their  application  to  be  reinstated 
within  a  reasonable  time,  to  be  fixed  by  the  Secretary  of  the  Interior, 
then  all  such  unclaimed  lands  shall  be  disposed  of  under  the  public 
land  laws,  with  priority  of  right  given  to  bona  fide  purchasers  of  said 
unclaimed  lands,  if  any,  ana  if  there  be  no  such  purchasers,  then  to 
bona  fide  settlers  residing  thereon.    *    *  * 

Sec.  5.  That  where  any  said  company  shall  have  sold  to  citizens 
of  the  United  States,  or  to  persons  wno  have  declared  their  intention 
to  become  such  citizens,  as  a  part  of  its  grant,  lands  not  conveyed 
to  or  for  the  use  of  such  company,  said  lands  being  the  numbered 
sections  prescribed  in  the  grant,  and  being  coterminous  with  the 
constructed  parts  of  said  road,  and  where  the  lands  so  sold  are  for 
any  reason  excepted  from  the  operation  of  the  grant  to  said  company, 
it  shall  be  lawful  for  the  bona  fide  purchaser  thereof  from  said  com- 
pany to  make  payment  to  the  United  States  for  said  lands  at  the 

56974°— Bull.  94,  pt  2—15  21 


1146  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


ordinary  Government  price  for  like  lands,  and  thereupon  patents  shall 
issue  therefor  to  the  said  bona  fide  purchaser,  his  heirs  or  assigns: 
Provided,  That  all  lands  shall  be  excepted  from  the  provisions  of 
this  section  which  at  the  date  of  such  sales  were  in  the  bona  fide 
occupation  of  adverse  claimants  under  the  preemption  or  homestead 
laws  of  the  United  States,  and  whose  claims  and  occupation  have  not 
since  been  voluntarily  abandoned,  as  to  which  excepted  lands  the 
said  preemption  and  homestead  claimants  shall  be  permitted  to  per- 
fect their  proofs  and  entries  and  receive  patents  therefor:  Provided 
further,  That  this  section  shall  not  apply  to  lands  settled  upon 
subsequent  to  the  1st  day  of  December,  1882,  by  persons  claiming 
to  enter  the  same  under  the  settlement  laws  of  the  United  States,  as 
to  which  lands  the  parties  claiming  the  same  as  aforesaid  shall  be 
entitled  to  prove  up  and  enter  as  in  other  like  cases.    *    *  * 

Sec.  7.  That  no  more  lands  shall  be  certified  or  conveyed  to  any 
State  or  to  any  corporation  or  individual,  for  the  benefit  of  either 
of  the  companies  herein  mentioned,  where  it  shall  appear  to  the 
Secretary  of  the  Interior  that  such  transfers  may  create  an  excess 
over  the  quantity  of  lands  to  which  such  State,  corporation  or 
individual  would  be  rightfully  entitled. 

A.  RAILROAD  GRANT— ADJUSTMENT. 

B.  MINERAL  CHARACTER  OF  LAND— SUBSEQUENT  DISCOVERY 

OF  MINERALS. 

C.  APPLICATION  TO  PURCHASE— SHOWING,  p.  1147. 

D.  PURCHASER  FROM  RAILROAD  COMPANY— TITLE  TO  MINER- 
ALS, p.  1147. 

A.  RAILROAD  GRANT— ADJUSTMENT. 

1.  APPLICATION  OF  ACT  PATENT  FOR  MINERAL  LANDS. 

This  statute  applies  to  a  patent  erroneously  issued  by  Government  officers  for  lands 
which  were  valuable  for  mineral  but  purchased  as  agricultural  lands. 
United  States  v.  Central  Pac.  R.  Co.,  84  Fed.  218,  p.  221. 

Where  lands  within  the  limits  of  a  railroad  grant  are  known  to  be  mineral  when  the 
patent  is  granted  by  mistake  or  oversight,  then  the  United  States  has  an  interest  in  such 
lands  which  will  warrant  the  institution  of  proceedings  to  set  aside  a  patent. 

Bullock  V.  Central  Pac.  R.  Co.,  11  L.  D.  590,  p.  592. 
McLaughlin  v.  United  States,  107  U.  S.  526. 
Western  Pac.  R.  Co.  v.  United  States,  108  U.  S.  510. 
Mullan  v.  United  States,  118  U.  S.  271. 
Winona,  etc.,  R.  Co.,  In  re,  9  L.  D.  649. 
Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238. 
See  Plymouth  Lode,  In  re,  12  L.  D.  513. 

This  act  was  intended  to  cover  contracts  other  than  those  evidenced  by  deed,  as  it 
applies  exclusively  to  lands  sold  or  contracted  away  by  railroad  companies  before  they 
had  themselves  obtained  title. 

Austin  V.  Luey,  21  L.  D.  507,  p.  511. 

B.  MINERAL  CHARACTER  OF  LAND— SUBSEQUENT  DISCOVERY  OF 

MINERALS. 

The  known  character  of  the  land  at  the  date  of  the  purchase  from  the  company  is 
the  determining  factor  in  a  controversy  involving  the  character  of  the  land  applied 
for  under  this  act,  and  in  order  to  except  lands  from  purchase  for  the  reason  that  they 


EAILROAD  (IKAMTS,  PP.  1099-1158. 


1147 


contained  mineraLs,  it  must  ap])oar  that  the  lands  were  of  known  mineral  character 
at  the  date  of  the  sale,  by  the  laiul-ujrant  company,  and  were  such  that  the  purchaser 
should  have  known  at  the  time  of  his  -[jurchase  were  excei)ted  from  the  ^ranttothe 
railroad  company. 
Clogston  V.  Palmer,  32  L.  D.  77,  p.  82. 

Lands  otherwise  coming  within  the  ])rovisions  of  this  section  and  not  known  to  be 
mineral  in  character  at  the  time  of  their  purchase  from  the  railroad  company,  and 
which  are  subsequently  found  to  be  mineral,  are  not  for  that  reason  excei)ted  from  the 
provisions  of  this  act. 

Clogston  V.  Palmer,  32  L.  D.  77,  p.  80. 

C.  APPLICATION  TO  PURCHASE— SHOWING. 

Under  this  section  an  application  for  purchase  should  show  that  the  land  applied 
for  was  of  the  numbered  sections  prescribed  in  the  grant  and  was  coterminous  with 
the  constructed  parts  of  the  railroad  and  was  sold  by  the  company  as  a  part  of  its  grant 
to  one  under  whom  the  applicant  claims,  and  is  excepted  from  the  operation  of  the 
grant  by  reason  of  the  prior  grant  to  the  Atlantic  &  Pacific  Railroad  Company,  and 
at  the  date  of  the  sale  it  v/as  not  in  the  bona  fide  occupancy  of  adverse  claimants 
under  preemption  or  homestead  law  s,  and  that  it  has  not  been  settled  upon  subse- 
quent to  the  first  day  of  December,  1882,  and  the  applicant  is  a  citizen  of  the  United 
States  and  a  bona  fide  purchaser  by  assignment  of  the  Southern  Pacific  Railroad 
Company's  contract  and  deed. 

Clogston  V.  Palmer,  32  L.  D.  77,  p.  79. 

The  right  to  purchase  from  the  Government  under  this  section  is  not  limited  to  the 
immediate  purchaser  from  the  company,  but  may  be  exercised  by  any  bona  fide  pur- 
chaser who  has  the  requisite  qualifications  as  to  citizenship,  without  reference  to  the 
qualifications  of  his  immediate  grantor  or  of  any  intervening  purchaser,  and  the  pro- 
visions of  the  section  extend  to  bona  fide  purchases  made  since  the  date  of  the  act. 

Clogston  V.  Palmer,  32  L.  D.  77,  p.  79. 

D.  PURCHASER  FROM  RAILROAD  COMPANY— TITLE  TO  MINERALS. 

Under  this  section  the  right  of  a  purchaser  from  the  railroad  company  can  not  be 
defeated  by  a  mineral  claimant  unless  the  proof  shows  as  a  present  fact  that  the  land  is 
more  valuable  for  mineral  therein  than  for  agricultural  purposes. 

Austin  V.  Luey,  21  L.  D.  507,  p.  511. 

The  grant  to  the  railroad  did  not  except  lands  valuable  for  coal. 
Santa  Fe  Pac.  R.  Co.,  In  re,  39  L.  D.  135,  p.  13G. 

Congress,  knowing  that  the  railroad  company  acquired  title  to  coal  land  under  its 
grant,  clearly  provided  in  this  act  that  the  company  could  relinquish  any  section  of 
land  acquired  which  is  occupied  by  a  small  holding  settler,  thus  protecting  the  home; 
the  land  so  relinquished  may  be  patented  to  the  settler  if  he  can  show  himself  qualfied 
under  the  term  of  the  act,  and  as  the  act  provides  that  the  railroad  company  relin- 
quishing such  land  may  select  in  lieu  thereof  "vacant  public  land  of  equal  quality," 
the  company  may,  upon  relinquishing  land  valuable  for  coal,  select  in  lieu  thereof 
coal  land  equal  in  value  to  those  relinquished. 

Santa  Fe  Pac.  R.  Co.,  In  re,  39  L.  D.  135,  p.  138. 


II.  RAILROAD  LANDS— CLASSIFICATION. 


28  STAT.  683,  2  SITPP.  R.  S.  385,  FEBRUARY  26,  1895. 

CLASSIFICATION  OF  MINERAL  LANDS— NORTHERN  PACIFIC. 

AN  ACT  To  provide  for  the  examination  and  classification  of  certain  mineral  lands 
in  the  States  of  Montana  and  Idaho. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and  is 
hereby,  authorized  and  directed,  as  speedily  as  practicable,  to  cause 
all  lands  within  the  land  districts  hereinafter  named  in  the  States  of 
Montana  and  Idaho  withui  the  land  grant  and  indemnity  land  grant 
limits  of  the  Northern  Pacific  Kailroad  Co.,  as  defined  by  an  act  of 
Congress  entitled  "An  act  grantmg  lands  to  aid  in  the  construction 
of  a  railroad  and  telegraph  line  from  Lake  Superior  to  Puget  Sound, 
on  the  Pacific  coast,  by  the  northern  route,"  approved  July  2,  1864 
(13  Stat.  365),  and  acts  supplemental  to  and  amendatory  thereof, 
to  be  examined  and  classified  by  commissioners  to  be  appointed  as 
hereinafter  provided,  with  special  reference  to  the  mineral  or  non- 
mineral  character  of  such  lands,  and  to  reject,  cancel,  and  disallow 
any  and  all  claims  or  filings  heretofore  made,  or  which  may  hereafter 
be  made,  by  or  on  behalf  of  the  said  Northern  Pacific  Railroad  Co. 
on  any  lands  in  said  land  districts  which  upon  examination  shall  be 
classified  as  provided  in  this  act  as  mineral  lands. 

Sec.  2.  That  for  the  purpose  of  making  the  examination  herein 
provided  for  there  shall  be  appointed  by  the  President  of  the  United 
States,  as  soon  as  practicable  after  the  passage  of  this  act,  three  com- 
missioners for  each  of  the  following  land  districts,  to  wit :  The  Boze- 
man,  Helena,  and  Missoula  land  districts,  in  the  State  of  Montana, 
and  the  Couer  d'Alene  land  district,  in  the  State  of  Idaho,  at  least 
one  of  whom  for  each  district  shall  be  a  practical  miner  and  a  resident 
of  such  district;  and  said  persons  so  appointed  for  each  district  shall 
constitute  a  board  of  commissioners  to  perform  within  such  district 
the  duties  herein  prescribed.  They  shall  each  receive  for  their  com- 
pensation $10  for  each  day  they  may  be  actually  engaged  in  the  per- 
formance of  their  duties,  which  shall  include  their  transportation 
and  subsistence  expenses,  but  the  total  amount  of  compensation  to 
be  paid  to  each  commissioner  annually  shall  in  no  case  exceed  the 
sum  of  $2,500;  and  their  accounts  shall  be  audited  by  the  Secretary 
of  the  Interior  and  paid  monthly.  Before  entering  upon  their  duties 
each  of  said  commissioners  shall  take  an  oath  to  faitlifully  perform 
the  duties  of  his  office.  Said  commissioners  shall  make  examination 
of  the  lands  herein  mentioned  within  their  respective  districts,  and 
may  also  take  the  testimony  of  witnesses  as  to  the  mineral  or  non- 
mineral  character  of  any  of  said  lands,  and  receive  any  other  evidence 
relating  to  said  matter,  and  shall  have  power  to  summon  witnesses  to 
appear  before  them,  and  to  administer  oaths;  and  they  shall,  imme- 
ediately  upon  their  appointment,  proceed  to  examine  and  classify  the 
lands  herein  mentioned  within  their  respective  districts,  as  provided 
in  this  act,  and  shall  fully  complete  said  classification  within  the 
1148 


RAILKOAD  GRANTS,  PP.  1009-1158. 


1149 


term  of  4  years  from  the  date  of  this  act.  The  oath  of  office  of  said 
commissioners  shall  be  filed  by  them  in  the  office  of  the  Commissioner 
of  the  General  Land  Office.  All  testiimmy  tak(^n  by  said  commis- 
sioners shall  be  reduced  to  wiiting,  subscribed  by  the  witnesses,  and 
filed  with  the  report  of  the  commissioners  hereinafter  required.  The 
action  or  decision  of  a  majority  of  said  commissioners  in  each  dis- 
trict shall  control  in  all  matters  herein  provided  for.  That  the  com- 
missioners shall  perform  the  work  of  examination  and  classification 
herein  directed  according  to  such  rules  and  regulations  as  the  Secre- 
tary of  the  Interior  shall  prescribe. 

Sec.  3.  That  all  said  lands  shall  be  classified  as  mineral  which  by 
reason  of  valuable  mineral  deposits  are  open  to  exploration,  occupa- 
tion, and  purchase  under  the  provisions  of  the  United  States  mining 
laws,  and  the  commissioners,  in  making  the  classification  herein 
provided  for,  shaU  take  into  consideration  the  mineral  discovered 
or  developed  on  or  adjacent  to  such  land,  and  the  geological  forma- 
tion of  all  lands  to  be  examined  and  classified,  or  the  lands  adjacent 
thereto,  and  the  reasonable  probabilities  of  such  land  containing 
valuable  mineral  deposits  because  of  its  said  formation,  location, 
or  character.  The  classification  herein  provided  for  shall  be  by  each 
legal  subdivision  where  the  lands  have  been  surveyed.  If  the  lands 
examined  are  not  surveyed,  classification  shaU  be  made  by  tracts 
of  such  extent,  and  designated  by  such  natural  or  artificial  boundaries 
to  identify  them,  as  the  commissioners  may  determine.  Where  min- 
ing locations  have  been  heretofore  made  or  patents  issued  for  mining 
ground  in  any  section  of  land,  this  shall  be  taken  as  prima  facie 
evidence  that  the  40-acre  subdivision  within  which  it  is  located  is 
mineral  land:  Provided,  That  the  word  '^mineral,"  where  it  occurs 
in  this  act,  shall  not  be  held  to  include  iron  or  coal:  And  provided 
further.  That  the  examination  and  classification  of  lands  hereby 
authorized  shall  be  made  without  reference  or  regard  to  any  previous 
examination  or  report  or  classification  thereof. 

Sec.  4.  That  such  of  the  lands  herein  mentioned  as  have  been 
surveyed  prior  to  the  passage  of  this  act  shall  be  first  examined  and 
classified  as  herein  provided,  and  afterwards,  and  as  speedily  as 
practicable,  the  landfs  herein  mentioned  which  have  not  been  sur- 
veyed, until  all  the  lands  herein  mentioned  shall  have  been  examined 
and  classified,  as  herein  provided. 

Sec.  5.  That  said  commissioners  shall,  on  or  before  the  fifth  day 
of  each  month,  file  in  the  office  of  the  register  and  receiver  of  the  land 
office  of  the  land  district  in  which  the  land  examined  and  classified 
is  situated  a  fuU  report,  in  duplicate,  in  such  form  as  the  Secretary 
of  the  Interior  may  prescribe,  showing  all  lands  examined  by  them 
during  the  preceding  month,  and  specifying  clearly,  by  legal  subdi- 
visions, where  the  land  is  surveyed,  or  otherwise  by  natural  objects 
or  permanent  monuments  to  identify  the  same,  the  lands  classified 
by  them  as  mineral  lands  and  those  classified  as  nonmineral;  and 
with  said  report  shall  be  filed  all  testimony  taken  and  written 
communications  received  by  said  commissioners  relating  to  the  lands 
embraced  in  the  report.  '^The  register  and  receiver  shall  file  one 
duplicate  of  said  report  in  their  office,  together  with  aU  accom- 
panying testimony  and  papers,  and  the  other  dupHcate  shall  be  by 
them  forwarded  direct  to  the  Secretary  of  the  Interior,  and  said 


1150  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

commissioners  shall  furnish  to  the  Secretary  of  the  Interior  at  any 
time  such  further  or  additional  report  or  information  as  he  may 
require  concerning  any  matters  relating  to  their  duties  or  the  per- 
formance of  the  same.  Upon  receipt  of  such  report  the  register  of 
the  land  office  shall,  at  the  expense  of  the  United  States,  cause  to 
be  pubhshed  in  a  newspaper  of  general  circulation  in  the  county  in 
which  the  land  is  located,  and  in  one  newspaper  published  at  the 
capital  city  of  the  State  in  which  the  lands  may  be  situated,  at  least 
once  a  week  for  four  consecutive  weeks,  notice  of  the  classification 
of  lands  as  shown  by  said  report,  and  any  person,  corporation,  or 
company  feeling  aggrieved  by  such  classification  may,  at  any  time 
within  60  days  after  the  first  pubfication  of  said  notice,  file  with  the 
register  and  receiver  of  the  land  office  a  verified  protest  against  the 
acceptance  of  said  classification,  which  protest  shall  set  forth  in 
concise  language  the  grounds  of  objection  to  the  classification  as 
to  the  particular  land  in  said  protest  described,  whereupon  a  hearing 
shall  be  ordered  by,  and  conducted  before,  the  said  register  and 
receiver,  under  rules  and  regulations  as  near  as  practicable  in  con- 
formity with  the  rules  and  practice  of  such  land  office  in  contests 
involving  the  mineral  or  nonmineral  character  of  land  in  other  cases ; 
and  an  appeal  from  the  decision  of  the  register  and  receiver  shall  be 
allowed  to  the  Comnussioner  of  the  General  I^and  Office  and  the  Sec- 
retary of  the  Interior,  under  such  rules  and  regulations  as  the  Secre- 
tary of  the  Interior  may  prescribe:  Provided,  That  at  such  hearings 
the  United  States  shaU  be  represented  and  defended  by  the  United 
States  district  attorney  or  his  assistants  for  the  judicial  district 
in  which  the  land  is  situated,  unless  the  Secretary  of  the  Interior 
shall  detail  some  proper  officer  of  the  Department  of  the  Interior 
for  that  purpose.  The  compensation  for  such  service  shall  not  ex- 
ceed $10  per  day  for  each  day's  actual  service  before  the  register 
and  receiver,  to  be  paid  out  of  the  fund  provided  for  the  examing-tion 
and  classification  of  said  mineral  lands. 

Sec.  6.  That  as  to  the  lands  against  the  classification  whereof  no 
protest  shall  have  been  filed  as  hereinbefore  provided,  the  classifica- 
tion, when  approved  by  the  Secretary  of  the  Interior,  shall  be  con- 
sidered final,  except  in  case  of  fraud,  and  all  plats  and  records  of 
the  local  and  general  land  offices  shall  be  made  to  conform  to  such 
classification.  All  lands  so  classified  as  above  without  protest,  and 
the  classification  whereof  is  disapproved  by  the  Secretary  of  the 
Interior,  and  aU  lands  whereof  the  classification  has  been  invalidated 
for  fraud,  shall  be  subject  to  hearing  and  determination  in  such  man- 
ner as  the  Secretary  of  the  Interior  may  prescribe.  And  as  to  all 
such  lands,  and  as  to  the  lands  against  the  classification  whereof 
protest  may  be  filed,  the  final  ruling  made  after  the  day  set  for  hearing 
shall  determine  the  proper  classification;  and  all  records  of  the  local 
and  general  land  offices  shall  be  made  to  conform  to  the  classification 
as  determined  by  such  final  ruling,  and  all  costs  of  such  hearings 
shaU  be  paid  by  the  unsuccessful  party,  imder  such  rules  as  the 
Secretary  of  the  Interior  may  prescribe;  and  the  Secretary  of  the 
Interior  is  hereby  authorized  to  establish  such  rules  and  regulations 
as  may  be  necessary  to  carry  into  effect  the  true  intent  and  pro- 
visions of  this  act  as  speedily  as  practicable. 

Sec.  7.  That  no  patent  or  other  evidence  of  title  shall  be  issued 
or  delivered  to  said  Northern  Pacific  Railroad  Co.  for  any  land  in 


KAILROAD  GRANTS,  PP.  1009-1158. 


1151 


said  land  districts  until  such  land  shall  have  been  examined  and 
classified  as  nonmineral,  as  provided  for  in  this  act,  and  such  patent 
or  other  evidence  of  title  shall  only  issue  then  to  such  land,  if  any,  in 
said  land  districts  as  said  company  may  be,  by  law  and  compliance 
therewith  and  by  the  said  classification,  entitled  to,  and  any  patent, 
certificate,  or  record  of  selection,  or  other  evidence  of  title  or  right 
to  possession  of  any  land  in  said  land  districts,  issued,  entered, 
or  deUvered  to  said  Northern  Pacific  Railroad  Co.  in  violation  of 
the  provisions  of  this  act  shall  be  void:  Provided,  That  nothing 
contained  in  this  act  shall  be  taken  or  construed  as  recognizing  or 
confirming  any  grant  of  land  or  the  right  to  any  land  in  the  said 
Northern  Pacific  Railroad  Co.,  or  as  waiving  or  in  any  wise  affecting 
any  right  on  the  part  of  the  United  States  against  the  said  Northern 
Pacific  Railroad  Co.  to  claim  a  forfeiture  of  any  land  grant  hereto- 
fore made  to  said  company. 

Sec.  8.  That  there  is  hereby  appropriated,  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated,  the  sum  of  $20,000,  or  so 
much  thereof  as  may  be  necessary,  to  be  expended  to  carry  into  effect 
the  provisions  of  this  act,  the  same  to  be  paid  out  upon  the  order 
of  the  Secretary  of  the  Interior;  and  the  Secretary  of  the  Interior 
is  hereby  required  to  embrace  in  the  annual  estimates  submitted 
to  Congress  for  appropriations  for  the  Interior  Department  a  suffi- 
cient sum  to  pay  the  said  commissioners  for  the  fiscal  year  next 
ensuing,  and  annually  thereafter  until  the  classification  of  lands 
required  by  this  act  has  been  fully  accomplished. 

A.  RAILROAD  GRANT— MINERAL  LANDS  CLASSIFIED. 

1.  pukpose  of  act  classification  of  mineral  lands. 

2.  Classification  of  railroad  lands  within  certain  limits. 

3.  Act  refers  to  mining  laws  in  force  at  time. 

4.  Tribunal  for  determining  character  of  land. 

5.  Classifications — Matters  considered  by  commissioners. 

6.  liANDS  classified  AS  MINERAL. 

7.  Classification — Effect  as  to  mineral  character. 

8.  Selections  of  classified  lands  canceled. 

9.  Indemnity  selections — Limits. 

10.  Mineral  locations  and  entries  not  suspended. 

11.  Protest  against  classification — Effect — Practice. 

12.  Classification — Approval. 

1.  purpose  of  act  classification  of  mineral  lands. 

This  act  limits  the  right  of  the  railroad  company  under  its  original  grant,  and  the 
act  of  March  2, 1899  (30  Stat.  993),  can  not  be  so  construed  as  to  remove  the  limitation 
imposed  by  this  classification  act. 

Idaho  V.  Northern  Pac.  Tl.  Co.,  37  L.  D.  135,  p.  137. 

The  purpose  of  tliis  act  was  to  determine  speedily  and  finally  what  lands  within  the 
limits  of  the  original  grant  were  excepted  from  its  terms  by  reason  of  their  mineral 
character. 

Luthye  v.  Northern  Pac.  R.  Co.,  29  L.  D.  675,  p.  677. 


1152  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


This  statute  was  designed  to  separate  the  mineral  lands  from  the  nonmineral  lands 
for  the  purpose  of  aiding  a  speedy  adjustment  of  the  Northern  Pacific  land  grant  and 
the  classification,  when  made  by  the  commissioners,  was  final  as  to  the  railroad  com- 
pany, yet  it  did  not  prevent  such  disposal  of  the  lands  as  might  be  proper  when  a  sub- 
sequent showing  is  made  as  to  their  character,  the  effect  of  a  return  by  the  mineral 
land  commissioners  being  likened  to  a  return  of  mineral  lands  made  by  a  Govern- 
ment surveyor. 

St.  Paul,  etc.,  R.  Co.,  In  re,  34  L.  D.  211. 

This  act  authorizes  the  Secretary  of  the  Interior  to  cause  all  lands  within  certain 
specified  districts  in  Montana  and  Idaho  within  the  Northern  Pacific  land  grant  to  be 
examined  and  classified  by  commissioners  and  the  railroad  company  is  afforded  due 
and  full  opportunity  to  be  heard  in  opposition  to  the  mineral  classification  to  be  made 
by  the  commissioners;  but  any  lands  classified  as  mineral  under  the  act  are  excluded 
from  the  operation  of  the  grant  to  the  railroad  company,  and  any  patent  issued  in 
violation  of  the  provisions  of  the  act  is  void. 

Northern  Pac.  R.  Co.  v.  Frei,  34  L.  D.  661,  p.  663. 

Under  section  7  mineral  land  commissioners  were  appointed  to  examine  and  classify 
the  lands  as  to  their  mineral  character. 
Traphagen  v.  Kirk,  30  Mont.  562,  p.  572. 

2.   CLASSIFICATION  OF  RAILROAD  LANDS  WITHIN  CERTAIN  LIMITS. 

This  act  limited  the  classification  of  lands  in  Idaho  to  the  lands  within  the  Coeur 
d'Alene  land  district  and  the  railroad  company  in  leasing  or  selecting  these  lands  is 
required  to  give  notice  as  to  such  other  lands  as  are  within  6  miles  of  the  mining  claim. 

Northern  Pac.  R.  Co.,  In  re,  31  L.  D.  394,  p.  395. 

The  classification  of  lands  not  within  the  limits  of  the  Northern  Pacific  land  grant  is 
unauthorized  and  can  not  be  held  as  affecting  the  character  of  the  land  whether  they 
were  returned  as  mineral  at  the  time  of  the  survey  or  not. 

Northern  Pac.  R.  Co.  v.  Mann,  33  L.  D.  621,  p.  622. 
See  Idaho  v.  Northern  Pac.  R.  Co.,  37  L.  D.  135,  p.  136. 

A  classification  of  the  even-numbered  sections  within  the  specified  territory  was 
not  authorized  under  this  act,  and  as  the  returns  made  at  the  time  of  actual  Govern- 
ment survey  showed  the  tracts  to  be  nonmineral,  an  objection  that  the  company's 
selection  was  based  upon  the  mineral  classification  of  lands,  is  not  well  taken. 

Northern  Pac.  R.  Co.  v.  Idaho,  37  L.  D.  68,  p.  69. 

3.   ACT  REFERS  TO  MINING  LAWS  IN  FORCE  AT  TIME. 

This  statute  must  be  understood  as  referring  to  the  United  States  mining  laws  in 
force  at  the  time  of  its  enactment,  including  the  act  of  August  4,  1892  (27  Stat.  348), 
by  which  lands  that  are  chiefly  valuable  for  building  stone  were  made  subject  to 
entry  under  the  placer  mineral  land  sections. 

Northern  Pac.  R.  Co.  v.  Soderberg,  99  Fed.  506,  p.  508. 
Northern  Pac.  R.  Co.  v.  Soderberg,  104  Fed.  425,  p.  428. 

4.  TRIBUNAL  FOR  DETERMINING  CHARACTER  OF  LAND. 

The  fact  that  this  act  creates  a  special  tribunal  to  determine  the  character  of  land 
within  the  Northern  Pacific  Railroad  grant,  with  respect  to  their  mineral  or  non- 
mineral  character,  does  not  directly  or  by  implication  suspend  the  action  of  the  Land 
Department  in  this  respect;  nor  does  it  suspend  mineral  locations  or  entries. 

Sweeney  v.  Northern  Pac.  R.  Co.,  21  L.  D.  65. 
See  Sweeney  v.  Northern  Pac.  R.  Co.,  20  L.  D.  394. 


BAILROAD  CEANTR,  PP.  1000-1158. 


1153 


The  Secretiiry  of  the  Interior  construed  (his  act  as  inleiuh'd  to  facilitate  the  adjust- 
ment of  the  grant  of  land  to  the  Northern  racific  llailroad  Co.  l)y  enabling  him  to 
ascertain  without  delay  what  lands  within  the  limits  of  the  grant  in  the  States  of  Mon- 
tana and  Idaho  were  mineral  in  character  and  excepted  from  the  operation  of  the 
grant,  and  the  Secretary  determined  that  the  classification  of  land  as  mineral  did  not 
prevent  the  Land  Department  from  making  such  disposition  of  the  land  as  would  be 
proper  upon  a  subsequent  showing  that  the  land  was  not  in  fact  mineral. 

Lvnch  V.  United  States,  138  Fed.  535,  p.  543. 

See  Instructions,  In  re,  25  L.  D.  446;  26  L.  D.  423,  p.  424. 

This  act  approves  the  mode  of  determining  what  is  mineral  land  and  authorizes 
commissioners  to  be  appointed  to  determine  the  mineral  character  of  lands  from  the 
adjacent  lands  and  their  mineral  character  and  geological  formation,  and  the  reason- 
able probability  of  such  lands  containing  valuable  mineral  deposits,  and  these  may  be 
taken  as  criterions  for  determining  as  to  the  lands  upon  which  license  is  given  to  cut 
trees  or  timber  under  other  acts  of  Congress. 

United  States  v.  Mullan  Fuel  Co.,  118  Fed.  663,  p.  666. 

5.   CLASSIFICATIONS  MATTERS    CONSIDERED  BY  COMMISSIONERS. 

The  question  to  be  determined  under  this  section  is  whether  by  observing  the  tests 
herein  prescribed  the  evidence  shows  that  it  is  reasonably  probable  that  the  land  in 
controversy  contains  valuable  mineral  deposits,  then  it  should  be  so  classified  and  the 
language  here  used  is  in  harmony  with  section  2319  of  the  Re\dsed  Statutes. 

Holter  V.  Northern  Pac.  R.  Co.,  30  L.  D.  442,  p.  447. 

Where  the  evidence  shows,  taking  into  account  the  mineral  discovered  or  developed 
on  or  adjacent  to  the  land  involved  and  the  geological  formation  of  the  land  and  lands 
adjacent  thereto,  that  there  is  a  reasonable  probability  that  the  land  contains  valuable 
mineral  deposits,  then  such  lands  must  be  held  to  be  mineral  and  classified  accord- 
ingly under  this  section. 

Holter  V.  Northern  Pac.  R.  Co.,  30  L.  D.  442,  p.  447. 

The  commissioners  are  by  this  section  directed  to  take  into  consideration  the  mineral 
discovered  or  developed  on,  or  adjacent  to  the  land,  as  well  as  the  geological  forma- 
tion of  all  lands  to  be  examined  and  classified,  and  they  are  not  to  give  them  or  any 
of  them  unusual  conclusive  effects. 

Holter  V.  Northern  Pac.  R.  Co.,  30  L.  D.  442,  p.  448. 

The  question  in  determining  the  classification  is  whether  the  land  is  shown  to  con- 
tain mineral  in  sufiicient  quantity  and  of  such  value  as  to  justify  a  person  of  ordinary 
prudence  in  the  further  expenditure  of  his  labor  and  means  in  an  effort  to  extract  such 
mineral,  with  a  reasonable  prospect  of  success  in  developing  a  paying  mine. 

Holter  V.  Northern  Pac.  R.  Co.,  30  L.  D.  442,  p.  449. 

6.   LANDS  CLASSIFIED  AS  MINERAL. 

By  this  statute  all  lands  shall  be  classified  as  mineral  which  by  reason  of  valuable 
mineral  deposits  are  open  to  exploration  and  purchase  under  the  United  States  mining 
laws;  but  the  word  mineral ' '  as  used  in  this  act  does  not  include  coal  and  iron,  and  it 
is  clear  that  Congress  used  the  term  mineral  lands"  as  the  equivalent  of  the  terms 
"lands  valuable  for  minerals"  and  "all  valuable  mineral  deposits"  as  used  in  the 
mining  statutes. 

Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233,  p.  246. 

Overruling  Tucker  v.  Florida  R.,  etc.,  Co.,  19  L.  D.  414. 

See  Florida  Central  &  Peninsular  R.  Co.,  In  re  26  L.  D.  600,  p.  601. 


1154  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Under  this  section  land  shall  be  classified  as  mineral  which  by  reason  of  valuable 
mineral  deposits  make  them  open  to  exploitation,  occupation,  and  purchase  under  the 
provisions  of  the  United  States  mining  laws. 

Morrill  v.  Northern  Pac.  R.  Co.,  30  L.  D.  475,  p.  477. 

Lands  containing  valuable  deposits  of  limestone  which  are  more  valuable  for  such 
limestone  than  for  agricultural  purposes  are  properly  classified  as  mineral  under  this 
act. 

Morrill  v.  Northern  Pac.  R.  Co.,  30  L.  D.  475,  p.  439. 

The  classification  of  lands  containing  valuable  deposits  of  fire  clay  by  the  com- 
missioners under  this  statute  as  nonmineral  is  not  justified  where  it  appears  that  such 
lands  are  wholly  unfit  for  agricultural  purposes. 

Alldritt  V.  Northern  Pac.  R.  Co.,  25  L.  D.  349,  p.  351. 

The  fact  that  land  applied  for  as  coal  land  lies  in  what  is  known  as  the  Colorado 
coal  field,  including  about  2,500  square  miles,  but  in  which  there  is  probably  not  more 
than  100  square  miles  valuable  for  coal,  and  the  further  fact  that  there  are  valuable 
coal  deposits  in  the  vicinity  of  such  lands  does  not  prove  such  lands  to  be  coal  lands 
within  the  meaning  of  this  act. 

Warren  v.  Colorado,  14  L.  D.  681,  p.  684. 

The  commissioners  appointed  under  this  act  have  no  authority  to  classify  land  as 
nonmineral  for  which  certificates  of  placer  location  have  beej.  duly  filed  in  the  office 
of  the  clerk  and  recorder  of  the  proper  county,  and  where  it  is  shown  that  the  land  is 
more  valuable  for  mining  than  for  agricultural  purposes. 

Baudette  v.  Northern  Pac.  R.  Co.,  29  L.  D.  248,  p.  249. 

7.   CLASSIFICATION  EFFECT  AS  TO  MINERAL  CHARACTER. 

The  classification  contemplated  in  this  act  was  to  be  with  special  reference  to  the 
mineral  or  nonmineral  character  of  such  land  and  was  for  the  purpose  of  adjusting 
the  claim  of  the  Northern  Pacific  Railroad  Co.  land  grant,  and  in  the  absence  of  a 
protest  and  when  approved  by  the  Secretary  of  the  Interior  such  classification  became 
final  and  the  tract  classified  as  mineral  was  excepted  from  the  grant  to  such  railroad 
company. 

Lynch  v.  United  States,  138  Fed.  535,  p.  541. 

After  the  selection  and  classification  by  the  commissioners  under  this  act  neither 
the  railroad  company  nor  third  persons  can  question  the  mineral  character  of  the  lands 
so  classified. 

Lamb  v.  Northern  Pac.  R.  Co.,  29  L.  D.  102,  p.  105. 
Luthye  v.  Northern  Pac.  R.  Co.,  29  L.  D.  675,  p.  677. 

The  classification  made  under  this  act  may  be  considered  as  a  matter  of  evidence 
the  same  as  any  other  material  fact  bearing  upon  the  character  of  the  land,  and  the 
return  of  nonmineral  public  lands  as  required  by  the  act  of  March  2,  1899  (30  Stat, 
993),  was  not  intended  to  be  accepted  as  conclusive. 

Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135,  p.  139. 

8.   SELECTIONS  OF  CLASSIFIED  LANDS  CANCELED. 

A  selection  or  filing  by  the  railroad  company  either  before  or  after  the  act  would 
be  immaterial,  as  all  selections  and  filings  upon  all  lands  classified  by  the  commission 
under  the  act  were  canceled. 

Luthye  v.  Northern  Pac.  R.  Co.,  29  L.  D.  675,  p.  677. 


RAILROAD  r.RANTS,  PP.  1000-1158. 


1155 


The  Land  Department,  haH  the  right  to  take  such  further  wteps  as  may  Heem  needful 
to  protect  the  interests  of  the  United  States  in  lands  classified  under  this  act. 

Northern  Pac.  R.  Co.,  In  re,  33  L.  D.  601,  p.  604. 
See  Northern  Pac.  R.  Co.,  In  re,  32  L.  D.  611. 

9.  INDEMNITY  SELECTIONS  LIMITS. 

The  indemnity  selection  for  lost  mineral  lands  may  be  made  within  50  miles  of  the 
line  of  the  railroad,  as  provided  in  section  3  of  the  act  of  July  2,  1804  (13  Stat.  365). 

Northern  Pac.  Land  Grant,  In  re,  41  L.  D.  571,  p.  574. 
Northern  Pac.  Land  Grant,  In  re,  41  L.  D.  576. 
See  Northern  Pac.  R.  Co.,  8  L.  D.  13,  p.  14. 

10.   MINERAL  LOCATIONS  AND  ENTRIES  NOT  SUSPENDED. 

This  act  does  not  suspend  mineral  locations  made  prior  to  its  passage,  nor  pending 
the  approval  by  the  Secretary  of  the  Interior  of  the  classification  made  by  the  com- 
missioners does  it  apply  to  cases  where,  prior  to  the  approval  of  the  classification, 
claimants  under  the  mining  laws  have  prima  facie  established  the  mineral  character 
of  the  land,  and  their  claims  have  passed  to  entry. 

Northern  Pac.  R.  Co.  v.  Ledoux,  32  L.  D.  24,  p.  25. 
See  Sweeney  v.  Northern  Pac.  R.  Co.,  21  L.  D.  65. 

11.   PROTEST  AGAINST  CLASSIFICATION  EFFECT  PRACTICE. 

Where  land  has  been  classified  as  mineral  under  this  act  and  protests  are  filed 
alleging  it  to  be  nonmineral,  service  of  notice  by  publication  at  the  expense  of  the 
protestant  must  be  had. 

Northern  Pac.  R.  Co.,  In  re,  32  L.  D.  611,  p.  614. 

On  a  protest  against  a  mineral  classification  by  this  act,  notice  must  be  posted  in  a 
newspaper  nearest  the  land,  and  an  abuse  of  the  discretion  vested  in  the  register  in 
this  respect  will  entitle  a  protestant  to  a  iiew  hearing. 

Northern  Pac.  R.  Co.,  In  re,  32  L.  D.  611,  p.  614. 
See  Northern  Pac.  R.  Co.,  In  re,  33  L.  D.  74. 

Where  a  protest  by  an  agricultural  claimant  against  the  existing  mining  location  is 
shown  to  be  false  and  the  character  of  the  land  clearly  misrepresented,  the  land  may 
be  taken  as  prima  facie  mineral  and  should  be  so  classified  by  the  commission,  unless 
upon  personal  inspection  or  by  satisfactory  evidence  the  presumption  is  overcome. 

Lamb  v.  Northern  Pac.  R.  Co.,  29  L.  D.  102,  p.  104. 

A  protest  against  an  entry  under  this  grant,  not  filed  until  after  the  prescribed  time, 
must  make  such  a  showing  of  fraud  in  the  classification  as  will  condemn  and  avoid  it 
if  sustained  by  proof  before  an  order  will  be  made  for  a  hearing. 

Lamb  v.  Northern  Pac.  R.  Co.,  29  L.  D.  102,  p.  104. 

Where  a  classification  of  lands  under  this  act  has  been  approved,  a  hearing  will  not 
be  ordered  by  the  Land  Department  on  a  mere  statement  in  a  protest  that  the  lands 
are  mineral  in  character  where  these  has  been  no  demonstration  of  their  substantial 
mineral  value  or  exploitation  of  any  consequence  from  which  actual  or  constructive 
fraud  in  the  classification  could  be  inferred,  and  to  order  a  hearing  under  such  circum- 
stances would  be  to  deny  to  the  classification  a  weight  contemplated  by  statute  which 
provides  that  the  finality  of  such  classification  can  be  impeached  on  the  ground  of 
fraud  only. 

Beveridge  v.  Northern  Pac.  R.  Co.,  36  L.  D.  40. 


1156  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


12.  CLASSIFICATION  APPROVAL. 

The  classification  under  this  act  does  not  take  effect  and  has  no  binding  force  and 
can  not  in  any  sense  be  considered  as  final  until  approved  by  the  Secretary  of  the 
Interior. 

Northern  Pac.  R.  Co.  v.  Ledoux,  32  L.  D.  24,  p.  25. 

The  Secretary  of  the  Interior,  by  virtue  of  the  power  vested  in  him,  may  disapprove 
the  classification  by  the  commissioners  appointed  under  the  authority  of  this  act,  even 
where  no  protest  is  filed,  if  it  appears  that  the  classification  does  not  correctly  repre- 
sent the  character  of  the  land. 

Northern  Pac.  P.  Co.  v.  Ledoux,  32  L.  D.  24,  p.  25. 
See  Wisconsin  Central  R.  Co.  v.  Price  Co.,  133  U.  S.  496. 

Williams  v.  United  States,  138  U.  S.  514,  p.  524. 

Lamb  v.  Northern  Pac.  R.  Co.,  29  L.  D.  102. 

In  determining  whether  a  classification  against  which  no  protest  has  been  filed  shall 
be  approved  or  not  the  Secretary  will  consider  the  reasons  assigned  for  the  classifica- 
tion and  apply  the  same  rules  by  which  the  commissioners  are  guided,  and  if  it  appears 
in  any  case  that  there  is  a  mining  location  on  any  portion  of  the  lands  classified,  this 
may  be  accepted  by  the  Secretary  as  prima  facie  evidence  that  the  40-acre  tract  upon 
which  it  is  located  is  mineral,  and  there  is  no  good  reason  why  it  should  not  be  given 
the  same  weight  where  there  is  a  protest  against  the  classification. 

Holter  V.  Northern  Pac.  R.  Co.,  30  L.  D.  442,  p.  449. 

The  odd-numbered  sections  in  the  Cceur  d'Alene  land  district  of  Idaho  were  classi- 
fied as  mineral  under  this  act,  and  the  classification  was  approved  by  the  department 
prior  to  a  selection  made  by  the  railroad  company,  notwithstanding  the  returns  made 
at  the  time  of  actual  Government  survey  classified  the  same  tracts  as  nonmineral. 

Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135. 

A  report  by  the  commissioners  under  this  act  that  certain  lands  were  personally 
examined  by  the  members  of  the  board  and  no  traces  of  mineral  formation  were  found 
therein  is  sufficient  evidence  upon  which  the  Secretary  may  approve  the  classification. 

Lamb  v.  Northern  Pac.  R.  Co.,  29  L.  D.  102,  p.  105. 

30  STAT.  11,  p.  37,  2  STJPP.  R.  S.  621,  JUNE  4,  1897. 

EXPENSES  FOR  CLASSIFICATION  OF  MINERAL  LANDS. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for  the 
fiscal  year  ending  June  30,  1898,  and  for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

For  compensation  of  the  12  commissioners  appointed  under  the 
act  of  February  26,  1895  (28  Stat.  683),  to  examine  and  classify 
certain  lands  within  the  land-grant  and  indemnity  land-grant  limits 
of  the  Northern  Pacific  Railroad  Co.,  in  the  States  of  Montana  and 
Idaho,  with  special  reference  to  the  mineral  or  nonmineral  character 
of  such  lands,  $30,000:  Provided,  That  said  commissioners  shall  be 
paid  at  the  rate  of  $10  a  day  each  while  actually  engaged  in  the  per- 
formance of  their  duties,  which  amount  shall  include  their  transpor- 
tation and  subsistence  expenses,  and  that  the  total  amount  of  com- 
pensation to  be  paid  to  each  commissioner  annually  shall  in  no  case 
exceed  the  sum  of  $2,500.    *    *  * 


RAILROAD  GRANTS,  PP.  1000-1158. 


1157 


30  STAT.  1074,  p.  1096,  MARCH  3,  1899. 

COMPLETION  OF  OLASSIFK^ATION-  TIME  EXTENDED— EXPENSES. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for  the 
fiscal  year  ending  June  30,  1900,  etc. 

Be  it  enacted,  etc.,  That  the  following  sums  be,  and  the  same  are 
hereby,  appropriated,  for  the  objects  hereinafter  expressed,  for  the 
fiscal  year  ending  June  30,  1900,  namely:  *  *  *  The  time  for 
the  completion  of  the  classification  of  lands  within  the  land-grant  and 
indemnity  land-grant  limits  of  the  Northern  Pacific  Railroad  Co., 
authorized  by  the  act  of  Congress  entitled  ''An  act  to  provide  for  the 
examination  and  classification  of  certain  mineral  lands  in  the  States 
of  Montana  and  Idaho,"  approved  February  26,  1895  (28  Stat.  683), 
and  the  acts  supplementary  thereto,  is  hereby  extended  to  and  in- 
cluding the  31st  day  of  October,  1899,  on  or  before  which  date  the 
work  of  the  commissioners  shall  be  completed  and  the  said  commis- 
sioners be  discharged. 

Mineral  lands  in  Montana  and  Idaho:  For  compensation  until 
and  including  October  31,  1899,  of  the  12  commissioners  appointed 
under  the  act  of  February  26,  1895  (28  Stat.  683),  to  examine  and 
classify  certain  lands  within  the  land-grant  and  indemnity-land- 
grant  limits  of  the  Northern  Pacific  Railroad  Co.,  in  the  States  of 
Montana  and  Idaho,  with  special  reference  to  the  mineral  or  non- 
mineral  character  of  such  lands,  $10,000:  Provided,  That  said  com- 
missioners shall  be  paid  at  the  rate  of  $10  a  day  each  while  actually 
engaged  in  the  performance  of  their  duties,  which  amount  shall 
include  their  transportation  and  subsistence  expenses,  and  that  the 
total  amount  of  compensation  to  be  paid  to  each  commissioner  shall 
in  no  case  exceed  for  the  period  named  the  rate  of  $2,500  per  annum. 

31  STAT.  588,  p.  615,  2  STTPP.  R.  S.  1433,  p.  1435,  JUNE  6,  1900. 

COMPLETION  OF  CLASSIFICATION— REPORTS  OF  COMMISSIONERS. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for  the 
fiscal  year  ending  June  30,  1901,  etc. 

Be  it  enacted,  etc.    *    *  * 

Mineral  lands  in  Montana  and  Idaho:  To  complete  the  examina- 
tion and  classification  of  certain  lands  within  the  land-grant  and 
indemnity-land-grant  limits  of  the  Northern  Pacific  Railroad  Co. 
in  the  Helena  and  Missoula  land  districts  in  the  State  of  Montana, 
and  in  the  Coeur  d'Alene  land  district  in  the  State  of  Idaho,  with 
special  reference  to  the  mineral  or  nonmineral  character  of  such  lands, 
as  authorized  by  the  act  of  February  26,  1895  (28  Stat.  683),  namely: 
For  the  compensation  of  the  commissioners,  not  exceeding  15  in 
number,  of  whom  not  more  than  10  shall  be  of  one  political  party, 
to  be  appointed  by  the  President,  by  and  with  the  advice  and  consent 
of  the  Senate,  such  compensation  not  to  exceed  $6  per  day  for  each 
commissioner  while  actually  engaged  in  the  performance  of  their 
duties,  which  amount  shall  include  their  transportation  and  subsist- 
ence expenses ;  also  for  the  publication  of  monthly  reports  and  for 
the  payment  of  such  clerical  help  as  in  the  opinion  of  the  Commis- 
sioner of  the  General  Land  Office  may  be  necessary  for  the  expeditious 


1158  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


and  economical  prosecution  of  the  work,  $25,000:  Provided,  That 
each  commissioner  shall  act  separately,  and  only  one  commissioner 
shall  examine  and  report  on  any  tract  of  land,  and  his  examination 
and  report  shall  have  the  same  force  and  effect  as  if  made  by  three 
commissioners,  and  under  this  appropriation  the  entire  work  of 
examination  and  classification,  including  the  publication  of  notices 
and  all  other  expenses  therewith  connected,  shall  be  completed; 
and  the  law  of  February  26,  1895,  entitled  ''An  act  to  provide  for 
the  examination  and  classification  of  certain  mineral  lands  in  the 
States  of  Montana  and  Idaho,''  shall  be  deemed  and  held  to  be  applica- 
ble to  the  commissioners  herein  provided  for. 

******* 

A.  PURPOSE  OF  ACT. 

1.  Completion  of  classification. 

2.  Selection  of  nonmineral  lands — Application. 

3.  Vacant  lands — Meaning: 

4.  Jurisdiction  of  Land  Department — Termination. 

1.  completion  of  classification. 

Tliis  act  was  intended  to  have  completed  tlie  examination  and  classification  of 
certain  lands  within  the  land-grant  and  indemnity-land-grant  limits  of  this  railroad 
company  in  the  district  named  with  special  reference  to  the  mineral  or  nonmineral 
character  of  such  lands,  as  authorized  by  the  act  of  February  26,  1895  (28  Stat.  683). 

Northern  Pac.  R.  Co.,  In  re,  31  L.  D.  394,  p.  396. 

2.  SELECTION  OF  NONMINERAL  LANDS  APPLICATION. 

The  selections  of  nonmineral  public  land  authorized  by  tliis  act  apply  only  to  selec- 
tions made  under  the  provisions  of  the  act  of  June  4, 1897  (30  Stat.  36),  and  not  to  those 
made  under  the  act  of  March  2,  1899  (30  Stat.  993). 

Comstock  V.  Northern  Pac.  R.  Co.,  34  L.  D.  88,  p.  89. 
See  Idaho  v.  Northern  Pac.  R.  Co.,  37  L.  D.  135,  p.  139. 

Santa  Fe,  etc.,  R.  Co.  v.  Northern  Pac.  R.  Co.,  37  L.  D.  669. 

3.  VACANT  LANDS  MEANING. 

This  act  limits  the  selection  authorized  by  the  act  of  June  4,  1897  (30  Stat.  11),  to 
vacant,  surveyed,  nonmineral  public  lands  which  are  subject  to  homestead  entry, 
and  the  expression  ''vacant  land,"  includes  land  which  not  only  is  not  occupied,  but 
also  land  which  is  not  appropriated,  not  reserved,  and  land  for  which  no  claim  has 
been  presented  under  any  laws  providing  for  the  disposition  of  the  public  domain. 

Santa  Fe  Pac.  R.  Co.  v.  Northern  Pac.  R.  Co.,  37  L.  D.  669,  p.  671. 
See  Idaho  v.  Northern  Pac.  R.  Co.,  37  L.  D.  135. 

4.   JURISDICTION  OF  LAND  DEPARTMENT— TERMINATION. 

The  point  of  time  when  a  sale  is  effectuated  is  usually  determined  by  some  action 
of  the  authorized  officers  in  issuing  a  certificate  approving  a  list  or  a  survey  or  in  some 
way  definitely  declaring  recognition  of  the  claim  as  a  preference  right,  and  until  that 
point  is  reached  jurisdiction  remains  in  the  Land  Department. 

Walker,  In  re,  36  L.  D.  495,  p.  496. 


RESERVATIONS. 


16  STAT.  149,  JUNE  11,  1870. 

HOT  SPRINGS  RESERVATION— ARKANSAS. 
AN  ACT  In  relation  to  the  Hot  Springs  Reservation  in  Arkansas, 

Be  it  enacted,  etc.,  That  any  person  claiming  title,  either  legal  or 
equitable,  to  the  whole  or  any  part  of  the  four  sections  of  land 
constituting  what  is  known  as  the  Hot  Springs  Reservation  in  Hot 
Springs  County,  in  the  State  of  Arkansas,  may  institute  against  the 
United  States  in  the  Court  of  Claims,  and  prosecute  to  final  decision, 
any  suit  that  may  be  necessary  to  settle  the  same:  Provided,  That 
no  such  suits  shall  be  brought  at  any  time  after  the  expiration  of  90 
days  from  the  passage  of  this  act,  and  all  claims  to  any  part  of  said 
reservation  upon  which  suit  shall  not  be  brought  under  the  provisions 
of  this  act  within  that  time  shall  be  forever  barred. 

19  STAT.  377,  CHAP.  108,  MARCH  3,  1877. 

HOT  SPRINGS  RESERVATION— ARKANSAS— AMENDMENT. 
AN  ACT  In  relation  to  the  Hot  Springs  Reservation  in  the  State  of  Arkansas. 

Be  it  enacted,  etc..  That  so  much  of  section  5  of  an  act  of  June  11, 
1870  (16  Stat.  149),  in  relation  to  the  Hot  Springs  Reservation  of 
Arkansas,  as  provides  for  the  appointment  of  a  receiver  by  the  court, 
be,  and  the  same  is  hereby,  repealed:  Provided,  That  nothing  in 
this  section  shall  be  construed  to  offect  the  right  of  the  United  States 
to  collect  and  receive  rents  already  due.    *    *  * 

Sec.  2.  That  it  shall  be  the  duty  of  the  President  of  the  United 
States,  upon  the  passage  of  this  act,  to  appoint  three  discreet,  com- 
petent, and  disinterested  persons,  who  shall  constitute  a  board  of 
commissiojiers,  any  two  of  whom  shall  constitute  a  quorum,  who  are 
hereby  authorized  to  perform  and  discharge  the  duties  specified  by 
this  act.    *    *  * 

Sec.  4.  That  before  making  any  subdivision  of  said  lands,  as  de- 
scribed in  the  preceding  section,  it  shall  be  the  duty  of  said  board 
of  commissioners,  under  the  direction  and  subject  to  the  approval 
of  the  Secretary  of  the  Interior,  to  designate  a  tract  of  land  included 
in  one  boundary,  sufficient  in  extent  to  include,  and  which  shall 
include,  all  the  hot  or  warm  springs  situate  on  the  lands  aforesaid,  to 
embrace,  as  near  as  may  be,  what  is  known  as  Hot  Springs  Mountain, 
and  the  same  is  hereby  reserved  from  sale,  and  shall  remain  under 
the  charge  of  a  superintendent,  to  be  appointed  by  the  Secretary  of 
the  Interior:  Provided,  however.  That  nothing  in  this  section  shall 
previent  the  Secretary  of  the  Interior  from  fixing  a  special  tax  on 
water  taken  from  said  springs,  sufficient  to  pay  for  the  protection  and 
necessary  improvement  of  the  same. 

1159 


1160  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

A.  SALINES  AND  SALT  SPRINGS. 

1.   HOT  SPRINGS  RESERVATION  RIGHTS  OF  LESSEES  AND  CLAIMANTS. 

See  Salines  and  salt  springs,  p.  1194. 
State  and  public  grants,  p.  1239. 

This  act  was  passed  for  the  benefit  of  occupants  and  claimants  who  had  made  im- 
provements in  order  that  they  should  not  entirely  forfeit  their  claims  and  improve- 
ments, but  gave  lessees  no  rights  as  against  their  lessors. 

Rector  v.  Gibbon,  111  U.  S.  276,  p.  283. 

Tliis  act  can  not  be  constnied  so  as  to  give  laborers  or  lessees  occupying  mining 
claims  and  working  for  the  first  locator  any  preemption  rights  over  him  to  such  claim. 
Rector  v.  Gibbon,  111  U.  S.  276,  p.  287. 

The  provisions  of  section  5  of  this  act  as  to  the  power  of  the  commissioners  to  deter- 
mine the  right  of  each  occupant  relates  to  the  legal  title,  which  under  the  act  is  to 
pass  from  the  United  States;  but  does  not  preclude  a  court  of  equity  from  inquiring 
whether  the  legal  title  from  the  United  States  is  not  subject  to  a  trust  in  favorof  another. 

Rector  v.  Gibbon,  111  U.  S.  276,  p.  290. 

The  powers  conferred  by  this  statute  upon  the  commissioners  are  analogous  to 
those  conferred  upon  the  receiver  and  register  of  land  offices  in  case  of  conflicting 
claims,  and  it  was  their  duty  to  certify  all  the  facts  to  the  Secretary  of  the  Interior 
and  to  issue  a  certificate  to  each  claimant,  setting  forth  the  amount  of  land  he  was 
entitled  to  purchase. 

Rector  v.  Gibbon,  111  U.  S.  276,  p.  280. 

Under  this  statute  occupants  and  claimants  must  file  their  claims  before  the  com- 
missioners within  six  months  after  their  first  session,  and  no  claims  can  be  considered 
which  had  accrued  after  the  24th  day  of  April,  1876. 

Rector  v.  Gibbon,  111  U.  S.  276,  p.  280. 

23  STAT.  103,  1  SUPP.  TJ.  S.  453,  JULY  5,  1884. 

ABANDONED  RESERVATIONS— DISPOSAL. 
AN  ACT  To  provide  for  the  disposal  of  abandoned  and  useless  military  reservations. 

Be  it  enacted,  etc.,  That  whenever,  in  the  opinion  of  the  President 
of  the  United  States,  the  lands,  or  any  portion  of  them,  included 
within  the  limits  of  any  military  reservation  heretofore  or  hereafter 
declared,  have  become  or  shall  become  useless  for  military  purposes, 
he  shall  cause  the  same  or  so  much  thereof  as  he  may  designate,  to 
be  placed  under  the  control  ol  the  Secretary  of  the  Interior  for  dis- 
position as  hereinafter  provided,  and  shall  cause  to  be  filed  with  the 
Secretary  of  the  Interior  a  notice  thereof. 

Sec.  5.  Whenever  any  lands  containing  valuable  mineral  deposits 
shall  be  vacated  by  the  reduction  or  abandonment  of  any  military 
reservation  under  the  provisions  of  this  act,  the  same  shall  be  dis- 
posed of  exclusively  under  the  mineral  laws  of  the  United  States. 

A.  MINING  CLAIMS  IN  ABANDONED  RESERVATIONS— DISPOSAL. 

B.  STONE  LANDS  LOG  AT  ABLE  AS  PLACERS. 

A.  MINING  CLAIMS  IN  ABANDONED  RESERVATIONS— DISPOSAL. 

By  section  5  of  this  act  the  disposition  of  mining  claims  within  the  abandoned 
military  reservation  was  placed  under  the  control  of  the  Secretary  of  the  Interior. 
Randolph,  In  re,  23  L.  D.  516,  p.  517. 


RESERVATIONS,  PP.  1150-1187.  1161 

B.  STONE  LANDS  LOCATABLE  AS  PLACERS. 

While  it  can  not  be  said  that  building  stone  comes  within  the  letter  of  this  statute, 
yet  construing  this  section  with  the  act  of  1892  (27  Stat.  348)  brings  it  within  the  spirit 
of  the  latter  act  and  makes  land  containing  building  stone  subject  to  location  as  a 
placer  mining  claim. 

Randolph,  In  re,  23  L.  D.  516,  p.  518. 

The  former  decision  under  this  act,  refusing  the  applicant  the  right  to  locate  lands 
chiefly  valuable  for  building  stone,  is  set  aside,  and  under  the  construction  of  this 
statute,  in  connection  with  the  act  of  August  4,  1892  (27  Stat.  348),  the  location  is 
permitted. 

Randolph,  In  re,  23  L.  D.  516,  p.  518. 
Vacating  Randolph,  In  re,  23  L.  D.  329. 

28  STAT.  664,  FEBRUARY  15,  1895. 

ABANDONED  RESERVATIONS— DISPOSAL— AMENDMENT. 

AN  ACT  To  amend  and  extend  the  provisions  of  an  act  entitled  "An  act  to  provide 
for  the  opening  of  certain  abandoned  military  reservations,  etc.,"  approved  August 
23,  1894. 

Be  it  enacted,  etc.,  That  the  provisions  of  the  act  approved  August 
23,  1894,  entitled  ''An  act  to  provide  for  the  opening  of  certain 
abandoned  military  reservations,  and  for  other  purposes,"  are  hereby 
extended  to  all  abandoned  military  reservations  which  were  placed 
under  the  control  of  the  Secretary  of  the  Interior  under  any  law  in 
force  prior  to  the  act  of  July  5,  1884  (23  Stat.  103). 

Sec.  2.  That  the  preference  right  of  entry  given  to  actual  settlers 
by  the  terms  of  the  act  to  which  this  is  an  amendment  shall,  so  far 
as  the  lands  to  wliich  the  provisions  of  said  act  are  extended,  take 
effect  and  continue  for  six  months  from  the  date  of  this  amendatory 
act. 

26  STAT.  227,  JULY  10,  1890. 

MILITARY  RESERVATIONS— DISPOSAL— WOMING. 

AN  ACT  To  provide  for  the  disposal  of  certain  abandoned  military  reser\  ations  in 

Wyoming  Territory. 

Be  it  enacted,  etc..  That  all  pubhc  lands  now  remaining  undisposed 
of  within  the  abandoned  military  reservations  in  the  Territory  of 
Wyoming,  known  as  Forts  Fetterman  (post),  Laramie,  Sanders, 
and  Steele  (post)  MiHtary  Reservations,  and  that  portion  of  the  Fort 
Bridger  Reservation  heretofore  abandoned  for  military  purposes, 
and  which  are  not  otherwise  occupied  or  used  for  any  public  purpose, 
are  hereby  made  subject  to  disposal  under  the  homestead  law  only: 
Provided,  That  actual  occupants  thereon  upon  the  1st  day  of  January, 
1890,  if  otherwise  qualified,  shall  have  the  preference  right  to  make 
one  entry,  not  exceeding  one  (quarter  section,  under  either  of  the  exist- 
ing land,  laws,  which  shall  include  their  respective  improvements: 
Provided  further.  That  any  of  such  lands  as  are  occupied  for  town- 
site  purposes,  and  any  of  the  lands  that  may  be  shown  to  be  valuable 
for  coal  or  minerals ;  such  lands  so  occupied  for  town-site  purposes, 
or  valuable  for  coal  or  minerals,  shall  be  disposed  of  as  now  provided 

56974°— Bull.  94,  pt  2—15  22 


1162  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


for  lands  subject  to  entry  and  sale  under  the  town-site,  coal,  or 
mineral  land  laws,  respectively:  Provided  further,  That  this  act 
shall  not  apply  to  any  subdivision  of  land,  which  subdivision  may 
include  adjoining  lands  to  the  amount  of  160  acres,  on  which  any 
buildings  or  improvements  of  the  United  States  are  situated  until 
the  Secretary  of  the  Interior  shall  so  direct:  Provided  further, 
That  the  passage  of  this  act  shall  not  be  construed  to  amend  or  repeal 
the  act  approved  May  28,  1888,  entitled  *^An  act  granting  certain 
lands  in  the  Territory  of  Wyoming  for  public  purposes." 

26  STAT.  478,  SEPTEMBER  25,  1890. 

PARK  LANDS— CALIFORNIA. 
AN  ACT  To  set  apart  a  certain  tract  of  land  in  the  State  of  California  as  a  public  park. 
Be  it  enacted,  etc.,    *    *  * 

Sec.  2.  That  said  park  shall  be  under  the  exclusive  control  of  the 
Secretary  of  the  Interior,  whose  duty  it  shall  be,  as  soon  as 
practicable,  to  make  and  publish  such  rules  and  regulations  as  he 
may  deem  necessary  or  proper  for  the  care  and  management  of  the 
same.  Such  regulations  shall  provide  for  the  preservation  from  in- 
jury of  all  timber,  mineral  deposits,  natural  curiosities  or  wonders 
within  said  park,  and  their  retention  in  their  natural  condition. 
The  Secretary  may,  in  his  discretion,  grant  leases  for  building  pur- 
poses for  terms  not  exceeding  10  years  of  small  parcels  of  ground 
not  exceeding  5  acres,  at  such  places  in  said  park  as  shall  require 
the  erection  of  buildings  for  the  accommodation  of  visitors;  all  of 
the  proceeds  of  said  leases  and  other  revenues  that  may  be  derived 
from  any  source  connected  with  said  park  to  be  expended  under  his 
direction  in  the  management  of  the  same  and  the  construction  of 
roads  and  paths  therein.  He  shall  provide  against  the  wanton 
destruction  of  the  fish  and  game  found  within  said  park,  and  against 
their  capture  or  destruction,  for  the  purposes  of  merchandise  or 
profit.  He  shall  also  cause  all  persons  trespassing  upon  the  same 
after  the  passage  of  this  act  to  be  removed  therefrom,  and,  generally, 
shall  be  authorized  to  take  all  such  measures  as  shall  be  necessary 
or  proper  to  fully  carry  out  the  objects  and  purposes  of  this  act. 

26  STAT.  650,  OCTOBER  1,  1890. 

FOREST  RESERVATIONS. 

AN  ACT  To  set  apart  certain  tracts  of  land  in  the  State  of  California  as  forest 

reservations. 

Be  it  enacted,  etc..  That  the  tracts  of  land  in  the  State  of  California 
known  and  described  as  follows  [here  follows  description]  are 
hereby  reserved  and  withdrawn  from  settlement,  occupancy,  or  sale 
under  the  laws  of  the  United  States,  and  set  apart  as  reserved  forest 
lands;  and  all  persons  who  shaU  locate  or  settle  upon,  or  occupy  the 
same  or  any  part  thereof,  except  as  hereinafter  provided,  shaU  be 
considered  trespassers  and  removed  therefrom:  Provided,  however. 
That  nothing  in  this  act  shall  be  construed  as  in  any  wise  affecting 


RESERVATIONS,  PP.  1150-1187. 


1163 


tho  gniut  of  laiuls  \muU\  to  the  SlJitc  of  (^ilifornia  \)y  virtuo  of  thn 
act  entitled  ''An  iict  aiithoriziiijjj  a  £;rant  to  the  State  of  California 
of  the  Yoseniitc  Valley,  antl  of  the  lands  enibraeinj^  the  Mariposa 
Big-Tree  Grove/'  approved  June  18,  1804;  or  as  affecting  any  bona 
fide  entiy  of  land  made  within  the  limits  above  described  under  any 
law  of  the  United  States  j^rior  to  tlie  approval  of  this  act. 

Sec.  2.  That  said  reservation  shall  be  under  the  exclusive  control 
of  the  Secretary  of  tlie  Interior,  whose  duty  it  shall  l)e,  as  soon  as 
practicable,  to  make  and  publish  such  rules  and  regulations  as  he 
may  deem  necessary  or  proper  for  the  care  and  management  of  the 
same.  Such  regulations  shall  provide  for  the  preservation  from  injury 
of  all  timber,  mineral  deposits,  natural  curiosities,  or  wonders  within 
said  reservation,  and  their  retention  in  their  natural  condition.  The 
Secretary  may,  in  his  discretion,  grant  leases  for  building  purposes 
for  terms  not  exceeding  10  years  of  small  parcels  of  ground  not  ex- 
ceeding 5  acres,  at  such  places  in  said  reservation  as  shall  require 
the  erection  of  builchngs  for  the  accommodation  of  visitors;  all  of 
the  proceeds  of  said  leases  and  other  revenues  that  may  be  derived 
from  any  source  connected  with  said  reservation  to  be  expended 
under  his  direction  in  the  management  of  the  same  and  the  construc- 
tion of  roads  and  paths  therein.  He  shall  provide  against  the  wanton 
destruction  of  the  fish,  and  game  found  within  said  reservation,  and 
against  their  capture  or  destruction,  for  the  purposes  of  merchandise 
or  profit.  He  shall  also  cause  all  persons  trespassing  upon  the  same 
after  the  passage  of  this  act  to  be  removed  therefrom,  and,  generally, 
shall  be  authorized  to  take  all  such  measures  as  shall  be  necessary 
or  proper  to  fully  carry  out  the  objects  and  purposes  of  this  act. 

A.  MINER'S  RIGHT  TO  CUT  TIMBER  ON  RESERVATION. 

A  miner  on  a  mining  claim  within  this  reservation  is  restricted  from  cutting  timber 
on  any  lands  therein  outside  of  his  own  claim,  and  he  has  no  right  to  construct  any 
road  or  ditch  unless  absolutely  necessary  to  the  development  of  Ms  claim  and  under 
the  authority  of  the  Secretary  of  the  Interior. 

Yosemite  National  Park,  In  re,  25  L.  D.  48,  p.  51. 

26  STAT.  74,7,  FEBRUARY  13,  1891. 

ABANDONED  MILITARY  RESERVATION— FORT  ELLIS— DISPOSAL. 

AN  ACT  To  provide  for  the  disposal  of  the  abandoned  Fort  Ellis  military  reservation 
in  Montana  under  the  homestead  law,  and  for  other  purposes. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and  is 
hereby,  authorized  and  directed  to  cause  the  lands  embraced  within 
the  abandoned  Fort  Ellis  Military  Reservation  in  Montana  to  be 
-regularly  surveyed  by  an  extension  of  the  public  surveys  over  the 
unsurveyed  portions  thereof. 

Sec.  2.  That  there  is  hereby  granted  to  the  State  of  Montana,  one 
section  of  said  reservation,  to  be  selected  according  to  legal  sub- 
divisions so  as  to  embrace  the  buildings  and  improvements  thereon 
to  be  used  by  said  State  as  a  permanent  militia  camp  ground,  or  for 


1164  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


other  public  purpose  in  the  discretion  of  the  State  legislature:  Pro- 
vided, That  whenever  the  State  shall  cease  to  use  said  lands  for 
public  purposes  the  same  shall  revert  to  the  United  States. 

Sec.  3.  That  the  remamder  of  said  reservation,  or  any  portion 
thereof  may  be  selected  by  the  State  of  Montana  at  any  time  within 
one  year  after  the  appro^^al  of  the  survey  thereof,  in  tracts  of  not  less 
than  one  section,  in  square  form  and  according  to  legal  subdivisions 
as  a  part  of  the  lands  granted  to  said  State  under  the  provision  of 
''An  act  to  provide  for  the  admission  of  the  State  of  Montana  into 
the  Union,"  approved  February  22,  1889.  And  the  Secretary  of 
the  Interior  shall  cause  patents  for  the  landf^  so  selected  to  be  issued 
to  the  said  State:  Provided,  That  no  existing  lawful  rights  to  any 
of  said  lands  initiated  under  any  of  the  laws  of  the  United  States  shall 
be  invalidated  by  this  act:  Provided,  That  if  any  portion  of  said 
reservation  shall  remain  unselected  by  said  State  for  a  period  of  one 
year  after  the  approval  of  the  survey,  that  portion  remaining  unse- 
lected shall  be  subject  to  entry  under  the  general  land  and  mining 
laws  of  the  United  States:  Provided  further.  That  if  within  said 
period  of  one  year  the  governor  of  the  said  State  shall  officially 
notify  the  Secretary  of  the  Interior  that  the  State  has  completed  its 
selections,  then  the  Secretary  shall  at  once  proclaim  the  remaining 
lands  open  to  entry  as  aforesaid:  And  provided  further.  That  nothing 
in  this  act  shaU  be  construed  to  waive  or  release  in  any  way,  any 
right  of  the  United  States  to  have  the  lands  granted  to  the  Northern 
Pacific  Railroad  Co.  forfeited,  for  any  failure,  past  or  future,  to  com- 
ply with  the  conditions  of  the  grant. 

26  STAT.  1095,  p.  1103,  MARCH  3,  1891. 

FOREST  RESERVATIONS— PRESIDENT'S  POWER  TO  SET  ASIDE  PUBLIC 

LANDS. 

AN  ACT  To  repeal  timber-culture  laws,  and  for  other  purposes. 
Be  it  enacted,  etc.,    *    *  * 

Sec.  24.  That  the  President  of  the  United  States  may,  from  time 
to  time,  set  apart  ajid  reserve,  in  any  State  or  Territory  having  public 
land  bearing  forests,  in  any  part  of  the  public  lands  wholly  or  in 
part  covered  with  timber  or  undergrowth,  whether  of  commercial 
value  or  not,  as  public  reservations,  and  the  President  shall,  by  public 
proclamation,  declare  the  establishment  of  such  reservations  and 
the  limits  thereof. 

30  STAT.  11,  pp.  35,  36,  2  SUPP.  R.  S.  621,  p.  624,  JUNE  4.  1897. 

FOREST  RESERVATIONS— PROVISIONS  GOVERNING  ESTABLISHMENT. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for  the 
fiscal  year  ending  June  30,  1898,  and  for  other  purposes. 

Be  it  enacted,  etc.    *    *  * 

All  public  lands  heretofore  designated  and  reserved  by  the  Presi- 
dent of  the  United  States  under  the  provisions  of  the  act  approved 
March  3,  1891  (26  Stat.  1095,  p.  1103,  sec.  24),  the  orders  for  which 


RESERVATIONS,  PP.  1159-1187. 


1165 


shall  bo  and  roniaiji  in  full  forco  and  ofr(^ct,  uiisuspondod  and  unre- 
voked, and  all  public  lands  that  may  hereafter  be  set  aside  and 
reserved  as  public  forest  reserves  under  said  act,  shall  bo,  as  far  as 

I)racticable,  controlled  and  administered  in  accordance  with  the  fol- 
owing  provisions: 

No  public  forest  reservation  shall  be  established,  except  to  improve 
and  protect  the  forest  within  the  reservation,  or  for  the  puipose  of 
securing  favorable  conditions  of  water  flows,  and  to  furnish  a  con- 
tinuous supply  of  timber  for  the  use  and  necessities  of  citizens  of 
the  United  States ;  but  it  is  not  the  purpose  and  intent  of  these  pro- 
visions, or  of  the  act  providing  for  such  reservations,  to  authorize  the 
inclusion  therein  of  lands  more  valuable  for  the  mineral  therein,  or 
for  agricultural  purposes,  than  for  forest  purposes. 

*  *  Hi  *  *  5}:  * 

Nothing  herein  shall  be  construed  as  prohibiting  the  egress  or 
ingress  of  actual  settlers  residing  within  the  boundaries  of  such  reser- 
vations, or  from  crossing  the  same  to  and  from  their  property  or 
homes;  and  such  wagon  roads  and  other  improvements  may  be 
constructed  thereon  as  may  be  necessary  to  reach  their  homes  and 
to  utilize  their  property  under  such  rules  and  regulations  as  may  be 

Erescribed  by  the  Secretary  of  the  Interior.  Nor  shall  anything 
erein  prohibit  any  person  from  entering  upon  such  forest  reserva- 
tions for  all  proper  and  lawful  purposes,  including  that  of  prospecting, 
locating,  and  developing  the  mineral  resources  thereof:  Provided, 
That  such  persons  comply  with  the  rules  and  regulations  covering 
such  forest  reservations. 

Hi  *  *  *  *  *  * 

All  waters  on  such  reservations  may  be  used  for  domestic,  mining, 
milling,  or  irrigation  purposes,  under  the  laws  of  the  State  wherein 
such  forest  reservations  are  situated,  or  under  the  laws  of  the  United 
States  and  the  rules  and  regulations  established  thereunder.  (See 
section  2339  R.  S.) 

Upon  the  recommendation  of  the  Secretary  of  the  Interior,  with  the 
approval  of  the  President,  after  60  days'  notice  thereof,  published  in 
two  papers  of  general  circulation  in  the  State  or  Territory  wherein 
any  lorest  reservation  is  situated,  and  near  the  said  reservation,  any 
public  lands  embraced  within  the  limits  of  anj^  forest  reservation 
which,  after  due  examination  by  personal  inspection  of  a  competent 
person  appointed  for  that  purpose  by  the  Secretary  of  the  Interior, 
shall  be  found  better  adapted  for  mining  or  for  agricultural  purposes 
than  for  forest  usage,  may  be  restored  to  the  public  domain.  And 
any  mineral  lands  in  any  forest  reservation  which  have  been  or  which 
msLj  be  shown  to  be  such,  and  subject  to  entry  under  the  existing 
mining  laws  of  the  United  States  and  the  rules  and  regulations  apply- 
ing thereto,  shall  continue  to  be  subject  to  such  location  and  entry, 
notwithstanding  any  provisions  herein  contained. 

Note.— The  section  making  compensation  for  classification  of  railroad  lands  follows  28  Stat.  683,  with 
13  Stat.  365,  RaUroad  grants,  pp  1112,  1148. 


1166  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


A.  FOREST  RESERVATION  ACT. 

1.  Purpose  and  effect  of  act. 

2.  Mineral  lands  restored  to  public  domain. 

3.  Eight  to  prospect  for  minerals. 

4.  Coal  lands  in  forest  reservations — Entry. 

5.  Mining  claims  in  reservations  protected. 

6.  Improper  use  of  mining  claim  not  permitted. 

7.  Selection  of  lieu  lands. 

a.  Authority  of  land  department. 

b.  Authority  of  local  officers. 

c.  Effect  and  validity  of  regulations. 

d.  Practice. 

e  Lands  subject  to  selection — Conditions. 

f.  ''Vacant  and  unoccupied" — Meaning. 

g.  Character  determined  at  date  of  selection. 

h.  Vested  rights  and  titles  protected. 

i.  Mineral  lands  not  selectable. 

j.  Lands  located  near  mineral  lands — Effect. 

k.  Effect  of  patent  for  lieu  selections. 

1.  Mineral  surveyor  can  not  make  selection. 

1.  purpose  and  effect  of  act. 

Congress  did  not  declare  in  this  act  the  purposes  for  which  all  such  reservations  are 
established,  and  it  is  not  the  purpose  of  forest  reserve  legislation  to  authorize  the 
inclusion  in  forest  reserves  of  land  more  valuable  for  mineral  than  for  forest  purposes, 
and  the  act  expressly  states  that  nothing  therein  shall  prohibit  any  person  from 
entering  upon  such  reservations,  under  certain  regulations,  for  proper  and  lawful 
purposes,  including  that  of  prospecting,  locating,  and  developing  the  mineral  resources 
thereof,  and  mineral  lands  in  such  reservations  are  subject  to  entry  under  the  mining 
laws. 

Crowder,  In  re,  30  L.  D.  92,  p.  94. 

The  forestry  reservation  attaches  to  public  lands  not  valuable  for  mineral  deposits 
within  the  national  forests,  and  the  Government,  through  the  proper  officers,  is  entitled 
alone  to  the  possession  and  control  thereof,  and  the  timber  growing  thereon,  and  mining 
claims  not  asserted  in  good  faith  and  not  based  upon  sufficient  discovery  of  mineral 
infringe  upon  this  right  of  possession,  and  therefore  a  determinaton  as  to  the  character 
of  the  land  and  the  validity  of  such  location  becomes  essential,  and  this  duty  devolves 
upon  the  Land  Department. 

Yard,  In  re,  38  L.  D.  59,  p.  66. 

The  only  settlement  laws  in  force  contemporaneously  with  this  statute  are  the  home- 
stead and  town-site  laws. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  47. 

This  act  is  void  in  so  far  as  it  declares  to  be  a  crime  any  violation  of  the  rules  and 
regulations  thereafter  made  by  the  Secretary  of  the  Interior  for  the  protection  of  forest 
reservations,  as  it  is  a  delegation  of  legislative  power  to  an  administrative  officer. 

United  States  v.  Blasingame,  116  Fed.  654. 
United  States  v.  Maid,  116  Fed.  650,  p.  653. 


RESERVATIONS,  PP.  1159-1187. 


1167 


2.  MINERAL  LANDS  RESTORED  TO  PITBLTC  DOMAIN. 

When  any  land  in  a  forest  reservation  shall  be  found  better  adapted  for  mining  pur- 
poses than  for  forest  usage  the  Secretary  of  the  Interior  may,  upon  the  prescribed 
notice,  restore  such  mineral  land  to  the  public  domain  and  make  them  subject  to  entry 
under  existing  mining  laws. 

United  States  v.  Lavenson,  206  Fed.  755,  p.  764. 

Lands  within  a  forest  reservation  that  are  found  to  be  better  adapted  for  mining 
than  for  forest  usage  continue  to  be  subject  to  location  and  entry  under  the  mining 
laws,  but  a  patent  procured  for  land  in  a  forest  reservation  on  the  representation  that 
such  land  was  valuable  for  mineral  deposits  and  the  patentee  desired  it  for  that  purpose, 
may  be  canceled  at  a  suit  on  behalf  of  the  United  States,  where  it  is  made  to  appear 
that  the  land  was  not  in  fact  valuable  for  its  mineral  deposits,  and  it  was  not  the  purpose 
of  the  patentee  to  use  it  for  its  mineral  deposits  but  for  other  and  different  purposes, 
and  where  there  was  no  examination  by  personal  investigation. 

United  States  v.  Lavenson,  206  Fed.  755,  p.  764. 

Under  this  statute  mineral  lands  in  forest  reservations  continue  to  be  subject  to 
location  and  entry  under  the  mining  laws. 
Yard,  In  re,  38  L.  D.  59,  p.  65. 

Under  this  statute  discovery  alone  is  not  sufficient  on  a  mining  claim  located  within 
a  forest  reserve,  and  nothing  short  of  a  probably  commercially  valuable  mine  will 
satisfy  this  statute. 

United  States  v.  Lavenson,  206  Fed.  755,  p.  763. 

3.  RIGHT  TO  PROSPECT  FOR  MINERALS. 

The  right  of  a  person  to  prospect  and  explore  upon  the  public  domain  upon  equal 
terms  with  all  other  prospectors  is  not  abridged  by  any  finding  respecting  the  validity 
of  a  mining  location,  but  such  persons  have  no  right  to  interpose  barriers  or  to  assert 
within  the  national  forests  or  elsewhere  merely  colorable  mining  claims  in  order  to 
secure  or  protect  their  rights  as  mere  prospectors. 
Yard,  In  re,  38  L.  D.  59,  p.  69. 

4.   COAL  LANDS  IN  FOREST  RESERVATIONS  ENTRY. 

By  the  use  of  the  words  "subject  to  entry  under  the  existing  mining  laws"  Congress 
did  not  intend  to  limit  to  prospecting,  locating,  developing,  and  entry  of  the  mineral 
lands  for  forest  reservations,  to  any  particular  class  or  kind  of  mineral  lands,  and 
especially  to  include  all  other  mineral  lands  except  coal  lands. 

Crowder,  In  re,  30  L.  D.  92,  p.  94. 

The  words  used  in  this  act  are  not  used  in  any  narrow  or  restricted  sense  nor  in  any 
other  than  as  relating  to  mineral  lands  of  every  kind  and  class  and  as  relating  to  coal 
lands  as  well  as  all  other  mineral  lands. 

Crowder,  In  re,  30  L.  D.  92,  p.  96. 

See  Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233,  p.  239. 
Coleman  v.  McKenzie,  28  L.  D.  348,  p.  352. 

Coal  is  mineral  in  both  the  common  and  scientific  understanding  of  the  words, 
and  mineral  lands  embrace  and  include  lands  valuable  for  their  deposits  of  coal. 
Crowder,  In  re,  30  L.  D.  92,  p.  94. 

Coal  lands  are  mineral  lands  subject  to  entry  under  the  mining  laws  of  the  United 
States  within  the  meaning  of  this  act. 
Crowder,  In  re,  30  L.  D.  92,  p.  94. 


1168 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


5.  MINING  CLAIMS  IN  RESERVATIONS  PROTECTED. 

The  location  of  a  mining  claim  within  a  forest  reservation  does  not  operate  to  with- 
draw the  land  embraced  therein  from  the  jurisdiction  of  the  Forestry  Service,  and 
while  it  does  not  take  from  him  the  right  to  take  and  utilize  the  entire  claim,  including 
the  surface,  for  all  purposes  and  to  the  same  extent  to  which  he  could  have  possessed 
and  used  it  if  no  forest  reservation  existed,  it  confers  no  right  to  use  the  surface  of 
such  claim  for  other  than  mining  purposes. 

United  States  v.  Rizzinelli,  182  Fed.  675,  p.  684. 

A  location  of  a  mining  claim  does  not  ipso  facto  withdraw  the  land  embraced  therein 
from  the  jurisdiction  of  the  Secretary  of  Agriculture. 
United  States  v.  Rizzinelli,  182  Fed.  675,  p.  680. 

The  locator  of  a  mining  claim  under  this  statute  has  the  right  of  exclusive  possession 
against  the  Government  as  well  as  against  third  persons. 
United  States  v.  Rizzinelli,  182  Fed.  675,  p.  680. 

This  act  does  not  limit  or  qualify  the  rights  of  a  locator  of  a  mineral  claim  or  confer 
any  authority  upon  the  Secretary  of  Agriculture,  by  regulation  or  otherwise,  to  limit 
or  qualify  such  rights. 

United  States  v.  Rizzinelli,  182  Fed.  675,  p.  680. 

Subject  to  the  locator's  legitimate  uses  for  mining  purposes,  the  Government  con- 
tinues to  be  the  owner  of  the  land,  is  interested  in  conserving  its  value  and  preventing 
injury  and  waste,  and  it  is  reasonable  to  assume  that  Congress  advisedly  concluded 
to  leave  the  Government's  interest  therein  subject  to  the  jurisdiction  therein  and 
under  the  protection  of  the  department  that  is  responsible  for  the  care  and  protection 
of  the  surrounding  lands  and  forests. 

United  States  v.  Rizzinelli,  182  Fed.  675,  p.  684. 

A  relinquishment  of  land  under  this  act  is  not  effective  as  against  a  mineral  claimant 
who  was  not  made  a  party  to  the  proceeding  or  served  with  notice,  and  if  the  land 
was  in  fact  mineral  that  character  would  not  be  changed  by  an  error  of  the  Land 
Department  in  an  ex  parte  proceeding,  due  to  lack  of  information  that  the  land  was 
claimed  and  was  being  sold  and  surveyed  as  mineral  land  by  parties  not  brought 
before  the  Land  Office  and  not  heard,  and  the  rights  of  such  mineral  claimants  could 
not  be  affected  by  such  proceedings. 

Goetjen,  In  re,  32  L.  D.  209,  p.  210. 

6.  IMPROPER  USE  OF  MINING  CLAIM  NOT  PERMITTED. 

In  a  national  forest  the  Government  occupies  a  position  as  to  a  mining  claimant 
similar  to  that  of  an  individual  claimant  upon  the  open  public  domain  under  any  of 
the  nonmineral  land  laws  and  is  not  without  its  remedy. 

Yard,  In  re,  38  L.  D.  59,  p.  67. 

Merely  colorable  mining  locations  upon  this  forest  reservation  will  afford  no  pro- 
tection for  an  unwarranted  intrusion  and  unlawful  invasion  by  the  construction  of 
telephone  lines,  wagon  roads,  ditches,  dams,  and  reservoirs  upon  the  territory  of  the 
national  forest,  and  the  investigation  of  such  matters  is  within  the  jurisdiction  of  the 
Land  Department. 

Yard,  In  re,  38  L.  D.  59,  p.  67. 

Distinguishing  Nome  &  Sinook  Co.  v.  Townsite  of  Nome,  34  L.  D.  276. 
Under  this  statute  the  locator  of  a  mining  claim  within  the  forest  reservation  has 
the  exclusive  right  of  possession  of  such  claim  for  mining  purposes  only,  and  it  is  a 


RESERVATIONS,  PP.  Iir){)-ll87. 


11G9 


violation  of  the  j^rovisiona  of  this  act  for  Riich  a  locator  to  erect  on  his  mining  claim  a 
saloon  or  other  l)uilclin<^a  or  structures  without  ])ermit  that  are  in  no  way  connected 
with  the  mining  or  devel()])ment  of  the  claim  as  such. 
United  States  v.  Rizzinelli,  182  Fed.  G75,  p.  G84. 

The  fact  that  the  locator  of  a  mining  claim  in  a  forest  reservation  may  be  indicted 
for  maintaining  a  saloon  upon  such  claim  does  not  imply  that  his  rights  as  a  locator 
are  less  because  the  lands  are  in  a  forest  reservation  than  they  would  be  if  the  claim 
were  upon  the  open  public  domain,  as  in  neither  case  does  the  location  of  a  mining 
claim  confer  the  right  to  maintain  a  saloon  thereon,  and  in  both  cases  the  Government 
has  a- remedy  by  way  of  civil  action,  but  under  this  act  the  Government  has  the  ad- 
ditional remedy  of  a  criminal  prosecution. 

United  States  v.  Rizzinelli,  182  Fed.  675,  p.  684. 

7.  SELECTION  OF  LIEU  LANDS, 
a.   AUTHORITY  OF  LAND  DEPARTMENT. 

The  character  of  lands  in  forest  reservations  located  and  claimed  under  the  mining 
laws  may  be  determined  by  the  Land  Department  in  the  absence  of  entry  or  applica- 
tion for  mineral  patent  where  such  determination  is  necessary  to  the  due  and  proper 
adminstration  of  the  laws  providing  for  the  protection  and  maintenance  of  such  reser- 
vation, and  the  Land  Department  has  jurisdiction  over  any  such  lands  for  the  pur])ose 
of  determining  whether  they  are  subject  to  occupation  and  purchase  under  the  mining 
laws. 

Yard,  In  re,  38  L.  D.  59,  p.  62. 

The  administration  of  grants  upon  the  public  domain  is  committed  to  the  Land 
Department. 
Yard,  In  re,  38  L.  D.  59,  p.  66. 

Matters  of  fact,  such  as  the  mineral  character  of  the  land,  its  condition  as  to  occu- 
pancy, when  determined  by  officers  of  the  Land  Department  and  the  applicant  is 
allowed  to  make  his  selection  or  enter  and  pay  therefor,  vests  in  him  a  right  which 
can  not  be  affected  by  subsequent  discoveries  in  respect  to  its  character  or  condition. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  44. 
See  Smelting  Co.  v.  Kemp,  104  U.  S.  636,  p.  640. 
Steel  V.  Smelting  Co.,  106  U.  S.  447. 

Colorado  Coal  &  Iron  Co.  v.  United  States,  123  U.  S.  307,  p.  328. 
Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  p.  314. 
Olive  Land  &  Dev.  Co.  v.  Olmstcad,  103  Fed.  568. 

The  Land  Office,  or  the  Secretary  of  the  Interior  on  appeal,  is  authorized  to  deter- 
mine for  the  Land  Department  the  question  as  to  wdiether  or  not  certain  lands  located 
as  lieu  lands  are  open  to  selection  and  as  to  whether  or  not  such  lands  are  mineral  or 
nonmineral;  and  the  determination  of  the  land  officers  or  of  the  Secretary  of  the 
Interior  on  these  questions  can  not  be  controlled  by  the  courts. 

Riverside  Oil  Co.  v.  Hitchcock,  21  App.  Cases,  D.  C.  252,  p.  264.  (Affirmed  190 
U.  S.  316.) 

See  Steel  v.  Smelting  Co.,  106  U.  S.  447,  p.  450. 
Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288. 
United  States  v.  Hitchcock,  190  U.  S.  316. 

The  Secretary  of  the  Interior  may  permit  under  this  act  the  use  of  timber  and  stone 
found  upon  forest  reservations  free  of  charge  by  bona  fide  settlers,  residents,  and  pros- 
pectors for  mineral  tor  fire  wood,  fencing,  building,  mining,  prospecting,  and  other 
domestic  purposes  as  may  be  needed  by  such  persons  for  such  purposes. 

White,  In  re,  34  L.  D.  78,  p.  81. 

See  City  and  County  of  Beaver,  In  re,  34  L.  D.  112,  p.  113. 


1170  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


D.  AUTHORITY  OP  LOCAL  OFFICERS. 

There  is  nothing  in  this  statute  which  gives  a  local  land  office  the  right  to  decide 
that  the  selector  has  complied  with  the  provisions  of  the  act,  and  unless  these  officers 
had  that  power  they  did  not  acquire  it  by  assuming  to  exercise  it,  but  they  only  re- 
ceive, accept,  and  file  the  deed,  abstract  of  title,  the  nonmineral  affidavit,  and  the 
selection,  enter  the  same  upon  the  office  records  of  the  Land  Office  and  certify  that  it 
was  free  from  conflict  and  that  there  was  no  adverse  claim  thereto,  but  this  is  by  no 
means  deciding  that  the  selector  had  complied  with  the  provisions  of  the  statute  or 
that  he  had  done  all  that  was  necessary  in  order  to  acquire  a  complete  equitable  title. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  p.  312. 

No  officer  of  the  Government  is  authorized  to  accept  or  approve  an  application  under 
this  act  where  he  is  advised  before  consummation  of  the  transaction  that  the  land 
applied  for  is  mineral  in  character. 

Walker,  In  re,  36  L.  D.  495,  p.  498. 

A  certificate  of  the  local  land  officers  that  lands  selected  as  lieu  land  were  free  from 
conflict,  and  no  adverse  filing  or  entry  or  claim  had  been  made,  is  simply  a  certifica- 
tion as  to  what  appeared  on  the  books  of  the  local  land  office,  and  it  does  not  certify 
that  the  lands  so  selected  were  in  fact  vacant  and  unoccupied  nor  does  it  certify  that 
the  land  contained  no  minerals,  but  it  simply  certifies  that  the  selector  had  done  cer- 
tain things  and  that  the  land  selected  was  vacant  and  open  to  settlement  so  far  as  it 
appeared  on  the  books  of  the  local  land  office,  and  such  action  of  the  local  officer  did 
not  and  could  not  amount  to  a  decision  upon  the  application  of  the  selector  so  as  to 
vest  him  with  the  equitable  title  to  the  land  he  assumed  to  select. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  p.  313. 

Officers  of  the  local  land  office  are  not  empowered  to  approve  any  selection  under 
this  act,  but  are  expressly  required  to  refer  the  question  in  respect  to  the  condition  and 
character  of  the  land  sought  to  be  selected  to  the  General  Land  Office  for  consideration, 
and  the  power  rests  with  it  to  determine  whether  the  land  sought  is  vacant  and  open 
to  settlement. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  45. 

See  Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  p.  310. 

C.  EFFECT  AND  VALIDITY  OF  REGULATIONS. 

The  regulations  of  the  Land  Department  for  the  purpose  of  carrying  into  effect  the 
provisions  of  this  act  have  the  force  and  effect  of  laws. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  11, 
United  States  v.  Maid,  116  Fed.  650,  p.  651. 

The  regulations  of  the  Commissioner  of  the  Land  Office  relative  to  the  selections  of 
lieu  lands  under  this  statute  are  reasonable  and  are  well  calculated  to  carry  into  effect 
the  intent  of  Congress  and  the  true  meaning  of  the  act  and  are  properly  within  the 
limitations  of  the  law  for  the  enforcement  of  which  they  were  promulgated. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  11. 

Anchor  v.  Howe,  50  Fed.  366. 

Iron  Co.  V.  James,  89  Fed.  811,  p.  814. 

Hoover  v.  Sailing,  102  Fed.  716,  p.  720. 

Poppe  V.  Athearn,  42  Cal.  606,  p.  609. 

Chapman  v.  Quinn,  56  Cal.  266,  p.  273. 

See  Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  p.  309. 
United  States  v.  Maid,  116  Fed.  650,  p.  651. 

This  statute  gives  the  right  of  selection  to  the  party  desiring  to  avail  himself  of  the 
exchange  proposed  by  Congress,  subject  only  to  the  condition  that  the  lands  selected 


RESERVATIONS,  PP.  lir)9--1187. 


1171 


shall  be  vacant  and  open  to  sottlonioiit;  hut  it  doos  not  undertake  to  describe  how  the 
condition  shall  be  ascertained  and  determined,  but  such  selection  may  be  required 
to  be  made  under  general  rules  of  the  land  office. 
Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  42. 

d.  PRACTICE. 

An  unqualified  nonmineral  affidavit  is  necessary  to  be  filed  with  an  application 
to  select  lands  under  the  exchange  provisions  of  this  act. 
Cook,  In  re,  33  L.  D.  109. 

The  fact  that  the  protest  filed  in  the  I^and  Office  in  an  application  for  a  patent  is 
insufficient  to  warrant  or  justify  a  hearing  in  respect  to  the  mineral  character  of  the 
land  in  controversy  is  not  sufficient  to  entitle  the  applicant  for  the  patent  to  an  in- 
junction to  protect  his  claim  to  possession,  as  the  sufficiency  of  such  a  protest  is  a 
matter  for  the  decision  of  the  Land  Department  itself. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  40. 

See  Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  p.  314. 

The  selections  of  lieu  lands  under  this  act  must  be  made  in  conformity  with  the 
rules  and  regulations  of  the  Land  Department,  and  applications  for  change  of  entry 
must  be  forwarded  by  the  local  officers  to  the  Commissioner  of  the  General  Land  Office 
and  notice  of  the  selection  must  be  given  by  publication,  and  the  rules  and  regula- 
tions adopted  are  not  inconsistent  with  the  provisions  of  the  act. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  45. 
Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  13. 

e.  LANDS  SUBJECT  TO  SELECTION — CONDITIONS. 

Lands  open  to  settlement  under  this  statute  must  not  be  known  to  be  valuable  for 
minerals  or  reserved  from  settlement  for  any  other  purpose,  and  the  officers  of  the 
Government  can  not  be  expected  to  know  whether  lands  selected  under  this  act  are 
vacant  and  not  known  to  be  valuable  for  minerals  and  thus  subject  to  selection,  nor 
can  a  selection  be  lawfully  accepted  until  there  is  a  showing  that  the  selected  land  is 
vacant  and  that  it  is  not  known  to  be  valuable  for  mineral. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  17. 
Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550. 

See  Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  p.  314. 
The  selections  under  this  act  must  be  confined  to  the  vacant,  surveyed,  and  non- 
mineral  public  lands  which  are  subject  to  homestead  entry. 
Walker,  In  re,  36  L.  D.  495,  p.  490. 

One  of  the  essentials  of  a  claim  under  this  act  is  that  the  land  shall  be  of  the  char- 
acter prescribed  by  the  declaration  and  that  selections  shall  be  confined  to  vacant, 
nonmineral  public  lands  which  are  subject  to  homestead  entry. 

Walker,  In  re,  36  L.  D.  495,  p.  496. 

See  Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  p.  312. 

Under  this  section  it  does  not  follow  that  because  no  mineral  has  been  found  land  in 
controversy  is  unoccupied  where  it  is  shown  that  another  person  claiming  it  to  be 
mineral  is  in  possession  thereof  and  diligently  at  work  to  discover  minerals. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  14. 

The  land  which  may  be  selected  under  the  provisions  of  this  act  as  vacant  land  open 
to  settlement,  and  to  be  vacant  within  the  meaning  of  the  statute  it  must  be  unoccu- 
pied, and  to  be  open  to  settlement  the  land  must,  among  other  things,  not  be  known 
to  contain  valuable  mineral  deposits,  and  land  which  is  occupied  by  another  or  which 


1172  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


is  known  to  contain  valuable  mineral  deposits  is  therefore  not  subject  to  selection 
under  this  act,  and  the  burden  is  on  the  applicant  to  show  that  the  land  applied  for 
is  of  the  character  contemplated  by  the  act. 

Grav  Ea^le  Oil  Co.  v.  Clarke,  30  L.  D.  570,  p.  580. 

Kern  Oil  Co.  v.  Clotfelter,  30  L.  D.  583,  p.  587. 

See  Gray  Eagle  Oil  Co.,  v.  Clarke,  31  L.  D.  303  (on  review). 

By  this  act  the  Government  offers  to  exchange  any  of  its  lands  that  are  vacant 
and  open  to  settlement  for  a  like  quantity  of  lands  within  a  forest  reservation  named, 
and  only  a  claimant  of  a  tract  in  such  forest  reservation  can  relinquish  the  same  and 
select  a  tract  of  pablic  land  in  like  quantity  in  lieu  thereof,  but  in  doing  so  he  is  con- 
fined to  lands  which  are  both  vacant  and  open  to  settlement  and  must  not  be  occupied 
by  other  or  reserved  from  settlement  on  account  of  their  known  mineral  character. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  16. 
Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550,  p.  555. 

See  Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  p.  311. 

Under  this  act  it  must  appear  that  at  the  date  of  selection  the  selected  lands  were 
unoccupied,  as  well  as  nonmineral  in  character,  and  the  selector  does  not  secure  a 
vested  right  until  such  proof  is  submitted. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  p.  314. 
Gray  Eagle  Oil  Co.  v.  Clarke,  30  L.  D.  570. 

The  fact  that  a  prospector  has  no  absolute  right  to  the  exclusive  possession  of  min- 
eral lands  covered  by  a  location  as  against  the  Government  and  the  Government 
might  terminate  his  license  at  any  time  does  not  determine  the  rights  of  a  prospector 
under  this  statute,  as  Congress  did  not  grant  the  right  to  sell  any  lands  unless  they 
were  vacant;  and  agricultural  lands  not  vacant  and  open  to  settlement  can  not  be 
selected  as  lieu  lands  under  this  statute. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  15. 

Where  land  is  found  to  be  mineral  in  character  it  is  no  longer  subject  to  selection 
under  this  act  and  no  right  can  be  secured  by  any  subsequent  attempt  to  complete 
or  make  effectual  an  incomplete  selection  under  which  no  right  vested  prior  to  the 
discovery  or  the  development  of  the  mineral  quality  of  the  land. 

Cobb,  In  re,  31  L.  D.  220,  p.  221. 
See  Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550. 

Gray  Eagle  Oil  Co.  v.  Clarke,  30  L.  D.  570. 

Wliere  there  has  been  a  claim  of  mineral  character  to  land  through  a  period  of  many 
years  and  mineral  claims  have  been  the  subject  of  frequent  conveyances  on  valuable 
consideration,  the  termination  of  such  mineral  title  must  be  shown  before  the  land 
is  open  to  settlement  or  subject  to  sale  under  any  other  law. 

Goetjen,  In  re,  32  L.  D.  209. 

See  Blair,  In  re,  33  L.  D.  72,  p.  73. 

It  is  doubted  if  persons  authorized  to  select  vacant  lands  only  under  this  statute 
are  authorized  to  select  lands  in  the  actual  bona  fide  occupancy  of  others  under 
either  the  settlement  laws  or  a  mining  location,  though  such  mining  location  may  be 
invalid  because  of  no  valid  discovery  of  mineral,  and  no  such  selection  can  be  made 
by  any  sort  of  fraud  or  circumlocution. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  46. 

Equity  will  not  relieve  a  person  selecting  land  under  this  statute  in  lieu  of  lands 
situated  within  a  forest  reservation  on  aflidavits  showing  its  known  mineral  character 
and  freedom  from  mining  claim,  and  that  it  was  entered  for  agricultural  purposes,  as 
against  a  locator  of  an  oil  placer-mining  location  made  prior  to  such  selection  and  fol- 
lowed by  proper  development  work  which  was  being  prosecuted  on  the  land  when 
such  selection  was  made  and  which  development  resulted  in  valuable  producing 


RESERVATIONS,  PP.  1150--1187. 


1173 


oil  wells  where  it  waa  alno  .shown  that  wiich  huida  were  vahielenH  for  af^ricultural  pur- 
poses and  situated  in  an  oil  district. 

Cosmos  Exploration  Co.  v.  Gray  Ea<i;le  Oil  ('o.,  104  Fed.  20. 

See  Cosmos  Exploration  Co.  v.  Gray  Eao;le  Oil  Co.,  190  U.  S.  301,  p.  313. 

Johnston  v.  Corson  Gold  Min.  Co.,  157  Fed.  145,  p.  152. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4. 

The  fact  that  a  mining  claim  bears  timber  while  not  determinative  of  the  question 
of  its  mineral  character  is  a  proper  element  of  proof  and  is  admissible  in  evidence  as 
bearing  upon  the  applicant's  good  faith  and  the  weight  and  credibility  to  be  attached 
to  his  testimony  in  the  controversy,  and  evidence  relating  to  an  alleged  contract 
for  the  sale  of  the  timber  from  the  mining  claim  is  admissible  for  the  same  purpose. 

Palmer,  In  re,  38  L.  D.  294,  p.  298. 

f.   "vacant  and  unoccupied" — MEANING. 

See  31  Stat.  588,  p.  1157. 

The  word  "vacant,"  as  used  in  this  act,  applies  to  lands  which  have  not  been  appro- 
priated by  any  person. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  pp.  13,  17. 

The  word  "vacant,"  as  used  in  this  statute,  had  not  prior  to  tliis  statute  acquired 
an  exclusive,  special,  or  restricted  and  technical  meaning,  the  equivalent  of  "not 
taken  or  appropriated  of  record,"  and  the  use  of  the  word  was  not  necessary  to  except 
from  selection  lands  claimed,  appropriated,  or  reserved  as  shown  by  the  land  office 
records,  and  there  can  be  no  reasonable  objection  to  the  construction  of  the  work 
in  its  primary  or  ordinary  sense  of  unoccupied. 

Kern  Oil  Co.  v.  Clarke,  31  L.  D.  288,  p.  294. 
See  Atherton  v.  Fowler,  96  U.  S.  513,  p.  518. 

Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550. 

Gray  Eagle  Oil  Co.  v.  Clarke  (on  review),  31  L.  D.  303. 

Cobb,  In  re,  31  L.  D.  220. 

Harris  v.  Diamond,  39  L.  D.  383,  p.  384. 

Proof  that  land  included  in  an  application  for  patent  as  a  mining  claim  is  unin- 
habited is  not  equivalent  to  the  proof  that  it  was  vacant  or  unoccupied. 
Cobb,  In  re,  31  L.  D.  220,  p.  221. 

Under  this  section  land  is  not  vacant  and  open  to  settlement  where  at  the  time  a 
competent  locator  has  taken  possession  of  lands  claimed  to  be  mineral  and  is  dili- 
gently at  work  to  prove  it  to  be  such,  as  it  is  then  occupied  under  a  claim  and  color 
of  right,  and  it  matters  not  that  such  person  had  not  at  that  time  acquired  any  rights 
against  the  United  States  though  no  valid  location  of  a  mining  claim  had  actually 
been  made. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  14 
Gird  V.  California  Oil  Co.,  60  Fed.  531,  p.  545. 
Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550. 
Kern  Oil  Co.  v.  Clarke,  31  L.  D.  288,  p.  299. 
See  Gray  Eagle  Oil  Co.  v.  Clarke  (on  review),  31  L.  D.  303, 
Leaming  v.  McKenna,  31  L.  D.  318,  p.  320. 

The  fact  that  a  miner  is  in  the  possession  of  land  or  of  a  mining  claim,  working  it 
as  such,  or  even  prospecting,  shows  that  the  land  is  not  vacant  within  the  meaning 
of  this  statute. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  15. 

It  cannot  be  said  that  lands  are  vacant  and  open  to  settlement  under  this  statute 
because  the  books  of  the  Land  Office  do  not  show  that  they  have  been  settled,  as  the 
possessory  rights  of  miners  have  always  been  recognized  in  law,  although  in  all  such 
cases  the  legal  title  to  the  land  remains  in  the  Government. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  16. 


1174  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


The  rule  that  a  settlement  can  not  be  made  upon  public  lands  already  occupied  and 
as  against  existing  occupants  the  settlement  of  another  is  ineffective  to  establish  a 
preemptive  right  applies  to  the  selection  of  the  lieu  lands  under  this  statute. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  18. 
See  Atherton  v.  Fowler,  96  U.  S.  513. 

Hosmer  v.  Wallace,  97  U.  S.  575. 

Quinby  v.  Conlan,  104  U.  S.  420. 

Under  this  statute  a  person  relinquishing  his  forest  reserve  land  may  select  in  lieu 
thereof  a  tract  of  vacant  land  open  to  settlement,  but  he  can  not  select  in  lieu  thereof 
any  such  public  land  that  is  not  vacant  or  open  to  settlement. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  13. 

Lands  occupied  by  a  cemetery  are  not  vacant  within  the  meaning  of  this  act  and 
can  not  be  selected  as  nonmineral  public  land  open  to  settlement. 
Harris  v.  Diamond,  39  L.  D.  383,  p.  384. 

A  statement  in  the  affidavit  required  by  this  act,  showing  the  land  is  vacant  and 
unoccupied,  to  the  effect  that  the  selected  land  was  "unoccupied  by  anyone  having 
color  of  title  thereto, "  is  not  a  sufficient  showing  as  to  the  condition  of  the  land. 

Leaming  v.  McKenna,  31  L.  D.  318,  p.  319. 
See  Harris  v.  Diamond,  39  L.  D.  383,  p.  384. 

g.   CHARACTER  DETERMINED  AT  DATE  OF  SELECTION. 

In  the  selection  to  be  made  under  this  statute  the  inquiry  is  limited  to  the  character 
and  condition  of  the  land  at  the  time  the  selection  is  made,  and  it  is  altogether  unrea- 
sonable to  require  him  to  make  a  selection  based  upon  what  may  be  disclosed  in  that 
respect  in  the  future. 

Olive  Land  &  Dev.  Co.  v.  Olmstead,  103  Fed.  568,  p.  574. 
Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  42. 

Lands  vacant  and  not  known  to  contain  mineral  pass  at  the  time  of  selection  under 
this  act,  whether  subsequently  discovered  to  be  mineral  or  not. 

Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550,  p.  564. 

See  Kern  Oil  Co.  v.  Clarke  (on  review),  31  L.  D.  288. 

The  question  of  whether  land  is  vacant  and  not  mineral  and  therefore  subject  to 
the  grant,  or  whether  it  is  occupied  or  mineral  and  therefore  not  subject  to  the  grant, 
is  to  be  determined  and  ascertained  by  the  surveyor  general;  and  if  at  the  time  of  the 
survey  the  lands  are  occupied,  or  if  they  are  known  to  be  mineral,  they  must  be  ex- 
cluded from  the  survey  as  not  being  subject  to  the  grant. 

Kern  Oil  Co.  v.  Clarke,  31  L.  D.  288,  p.  297. 
See  Shaw  v.  Kellogg,  170  U.  S.  312,  p.  332. 

Baca  Float  No.  3,  In  re,  29  L.  D.  44. 

Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550. 

Cobb,  In  re,  31  L.  D.  220. 

Grav  Eagle  Oil  Co.  v.  Clarke,  31  L.  D.  303  (on  review). 
Harris  v.  Diamond,  39  L.  D.  383,  p.  384. 

Congress  did  not  intend  that  an  exchange  of  lands  under  this  statute  once  made 
should  be  rendered  nugatory  by  any  future  discovery  of  mineral. 
Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  44. 

Where  a  person  making  selection  under  this  act  has  complied  with  all  the  terms  and 
conditions  necessary  to  entitle  him  to  a  patent,  he  acquires  a  vested  interest  therein 
and  is  in  fact  the  equitable  owner,  and  the  question  respecting  the  class  and  character 
of  the  selected  lands  must  be  determined  by  the  conditions  existing  at  the  time  when 


KESEEVATIONS,  PP.  1159-1187. 


1175 


all  requirements  necessary  (o  obtain  lillo  liad  boon  cornpliod  with  by  tho  KCiUn-tor, 
and  a  subsequent  discovery  of  mineral  in  the  land  selected  can  not  alTect  his  right  or 
title. 

Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550,  p.  565. 
See  llawley  v.  Diller,  178  U.  S.  476. 

Gray  Eagle  Oil  Co.  v.  Clarke,  30  L.  D.  570. 
Kern  Oil  Co.  v.  Clarke  (on  review),  31  L.  D.  288. 
Gray  Eagle  Oil  Co.  v.  Clarke  (on  review),  31  L.  D.  303. 
Weed  V.  Snook,  144  Cal.  439,  p.  444. 
While  ordinarily  as  against  the  Government  a  selector  might  be  permitted  to  per- 
fect his  selection  by  making  the  necessary  proof  at  a  subsequent  time,  yet  his  rights 
must  be  determined  as  of  the  date  the  selection  is  completed,  and  if  prior  to  that  time 
mineral  oil  had  been  discovered  in  the  near  vicinity  of  the  lands  and  the  lands  in  tlie 
particular  neighborhood  were  being  generally  prospected  and  explored  in  an  effort  to 
find  oil  in  paying  quantity,  and  to  that  end  wells  were  being  drilled  or  bored  deep  into 
the  earth  at  great  cost,  and  the  area  and  extent  of  the  oil  deposit  was  then  being  ascer- 
tained and  the  mineral  character  of  specific  tracts  made  known,  and  where  such  con- 
dition exists  at  the  time  of  the  final  proof  by  the  selector,  his  selection  must  fail. 

Grav  Eagle  Oil  Co.  v.  Clarke,  30  L.  D.  570,  p.  581. 
See  Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550. 

Kern  Oil  Co.  v.  Clotfelter,  30  L.  D.  583. 

Kern  Oil  Co.  v.  Clarke  (on  review),  31  L.  D.  288. 

This  statute  conferring  the  right  on  the  settler  to  make  a  selection  in  lieu  of  the  lands 
taken  by  him  in  the  timber  reservation  does  not  make  that  right  in  any  way  depend 
upon  the  intent  with  which  it  is  made,  and  the  mere  hope  of  finding  oil  on  the  lands 
selected  will  not  defeat  an  otherwise  valid  selection. 

Olive  Land  Dev.  Co.  v.  Olmstead,  103  Fed.  568,  p.  578. 
See  Iron  Silver  Min.  Co.  v.  Reynolds,  124  U.  S.  374. 

Sullivan  v.  Iron  Silver  Min.  Co.,  143  U.  S.  431. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  39. 

Where  an  application  is  filed  for  a  lieu  land  selection  under  this  act,  together  with 
proof  that  the  land  selected  was  vacant,  unoccupied,  and  nonmineral,  but  without 
proof  as  to  its  being  nonsaline  in  character,  and  where  before  the  application  is  com- 
pleted to  conform  to  the  regulations,  the  tract  selected  is  withdrawn  from  entry  for 
the  purpose  of  creating  a  forest  reservation,  the  application  must  be  rejected  as  not 
coming  within  the  exception  to  this  act. 

Miller,  In  re,  33  L.  D.  121,  p.  122. 
See  Hedges,  In  re,  32  L.  D.  520. 

An  application  to  make  forest  lieu  selection  under  this  act  will  not  be  defeated 
from  the  fact  that  the  land  embraced  in  the  application  has  been  classified  as  coal 
land. 

Moses,  In  re,  40  L.  D.  276,  p.  277. 

h.   VESTED  RIGHTS  AND  TITLES  PROTECTED. 

A  court  of  equity  will  protect  the  possessory  right  of  a  selector  of  forest  reservation 
lieu  land  until  the  patent  therefor  is  issued  by  the  General  Land  Office  as  against  a 
subsequent  attempt  to  locate  a  mining  claim  thereon  by  a  third  person,  on  the  ground 
that  the  surface  indications  indicated  that  the  selection  was  made  in  the  hope  of  dis- 
covering oil. 

Olive  Land  &  Dev.  Co.  v.  Olmstead,  103  Fed.  568,  p.  580. 

See  Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  41. 

No  vested  right  is  obtained  under  this  act  until  the  selector  has  perfected  his  selec- 
tion by  the  submission  of  proof  that  the  land  selected  is  nonmineral  and  unoccupied, 


1176  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


and  until  this  condition  is  complied  mth  the  land  is  subject  to  exploration  under  the 
raining  laws,  and  if  found  to  be  mineral  in  character  it  is  no  longer  subject  to  selection. 

Cobb,  In  re,  31  L.  D.  220,  p.  221. 

See  Gray  Eagle  Oil  Co.  v.  Clarke,  30  L.  D.  570,  p.  581. 

Peavey,  In  re,  31  L.  D.  186. 

Kern  Oil  Co.  v.  Clarke,  31  L.  D.  288. 

Gray  Eagle  Oil  Co.  v.  Clarke  (on  review),  31  L.  D.  303. 

Until  the  Land  Department  determines  the  questions  of  law  and  fact  involved  in  a 
proper  selection  and  a  formal  approval  has  been  given  the  equitable  title  to  lands 
selected  does  not  pass  from  the  Government. 

Miller  v.  Thompson,  36  L.  D.  492,  p.  494. 

See  Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301. 
Clearwater  Timber  Co.  v.  Shoshone  County,  155  Fed.  612. 

A  person  making  an  exchange  of  land  under  this  act  only  acquires  a  vested  interest 
in  the  lands  selected  when  he  lawfully  enters  thereon  and  in  all  respects  complies 
with  the  requirements  of  the  law  under  which  he  claims  his  rights. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  p.  12. 
See  Hawley  v.  Diller,  178  U.  S.  476. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  p.  310. 

Until  selections  are  perfected  by  submitting  the  required  proof  the  selector  acquires 
no  vested  rights  under  this  act  as  against  either  the  Government  or  an  adverse 
claimant. 

Hedges,  In  re,  32  L.  D.  520,  p.  521. 
Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550. 
Gray  Eagle  Oil  Co.  v.  Clarke,  30  L.  D.  570. 

An  entryman  under  this  act  on  lands  selected  in  lieu  of  lands  within  a  forest 
reservation  can  not,  on  an  affidavit  stating  its  known  mineral  character  and  that  it  was 
free  from  mining  claims  and  entered  for  agricultural  purposes,  be  granted  relief  in 
equity  against  another  claimant  in  possession  under  an  oil  placer  mining  location,  made 
prior  to  such  entry  and  where  development  work  has  being  diligently  prosecuted  at 
the  time  such  entry  was  made. 

McLemore  v.  Express  Oil  Co.,  158  Cal.  559,  p.  564. 

The  complete  equitable  title  of  the  complainant  to  the  lands  selected  as  lieu  land 
can  not  exist  until  a  favorable  decision  by  the  Land  Department  has  been  made  as 
to  the  sufficiency  of  the  complainant's  proof  of  his  right  to  the  selected  land,  and  there 
must  be  a  decision  somewhere  regarding  the  rights  asserted  by  the  selector  of  lands 
selected  under  this  act  before  a  complete  equitable  title  to  the  land  can  exist;  but  the 
mere  filing  of  papers  can  not  create  such  a  title  and  the  seller  can  not  decide  the  ques- 
tion for  himself,  but  his  application  must  comply  with  and  conform  to  the  statute. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  p.  312. 
Moses,  In  re,  33  L.  D.  333,  p.  334. 

When  an  applicant  under  the  nonmineral  laws  has  complied  with  all  the  terms  and 
conditions  necessary  to  secure  title  to  a  particular  tract  of  land,  he  acquires  a  vested 
interest  therein  if  it  is  then  not  known  to  contain  valuable  deposits  and  is  otherwise 
of  the  condition  and  character  subject  to  disposition  under  the  law  by  which  he  seeks 
title,  and  no  subsequent  discovery  of  mineral  in  the  land  or  other  change  in  ita 
condition  or  character  can  impair  or  in  any  manner  affect  his  right. 

Bakersfield  Fuel  &  Oil  Co.  v.  Saalburg,  31  L.  D.  312,  p.  314. 
See  Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550. 

Gray  Eagle  Oil  Co.  v.  Clarke,  30  L.  D,  570. 

Kern  Oil  Co.  v.  Clotfelter,  30  L.  D.  583. 

Kern  Oil  Co.  v.  Clarke,  31  L.  D.  288. 


RESERVATIONS,  PP.  115D-1187. 


1177 


i.  MINERAL  LANDS  NOT  SELECTABLE. 

Mineral  lands  were  not  authorized  to  be  selected  under  this  statute  in  the  selection 
of  lieu  lands  for  those  surrendered  in  a  forest  reservation. 
Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  33. 

Lands  valuable  for  mineral  deposits  are  not  subject  to  forest  lieu  selection  under  this 
act. 

Meiklejohn  v.  Hyde,  42  L.  D.  144,  p.  148. 

j.  LANDS  LOCATED  NEAR  MINERAL  LANDS — EFFECT. 

The  evidence  bearing  upon  the  mineral  character  of  the  lands  selected  will  not  be 
restricted  to  mineral  discoveries  upon  the  lands  themselves  and  to  their  geological 
formation;  but  the  inquiry  respecting  both  the  occupancy  and  character  of  the  selected 
lands  will  be  directed  to  the  conditions  existing  and  known  at  the  time,  but  no 
consideration  will  be  given  to  any  changes  subsequently  occurring  or  to  any  mineral 
discovery  or  development  subsequently  made. 

Kern  Oil  Co.  v.  Clotfelter,  30  L.  D.  583,  p.  587. 
See  Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550. 

Gray  Eagle  Oil  Co.  v.  Clarke,  30  L.  D.  570. 

Gray  Eagle  Oil  Co.  v.  Clarke  (on  review),  31  L.  D.  303. 

Hirshfeld  v.  Chrisman,  40  L.  D.  112,  p.  116. 

This  section  is  a  congressional  recognition  that  land  near  but  not  contiguous  to 
known  veins  or  lodes  may  be  nonmineral  in  character  and  enterable  as  such. 
United  States  v.  Kostelak,  207  Fed.  447,  p.  453. 

A  valid  selection  and  location  made  in  lieu  of  lands  entered  in  a  forest  reservation 
is  not  rendered  invalid  if  made  on  lands  vacant  and  open  to  settlement  by  the  fact 
that  it  is  situated  in  the  vicinity  of  producing  oil  wells  and  that  it  has  surface  indi- 
cations of  oil,  or  that  it  was  selected  with  a  view  to  its  possible  value  as  oil  lands  where 
no  discovery  of  oil  has  in  fact  been  made  thereon. 

Olive  Land  &  Dev.  Co.  v.  Olmstead,  103  Fed.  568,  p.  574. 

k.   EFFECT  OF  PATENT  FOR  LIEU  SELECTIONS. 

The  issue  of  patent  upon  a  nonmineral  claim  to  land  does  not  conclusively  establish 
its  nonmineral  character  for  purposes  of  exchange  under  this  act,  as  such  a  patent  may 
be  inadvertently  or  erroneously  issued  for  land  known  to  be  mineral,  or  the  mineral 
character  of  the  land  may  be  discovered  after  the  issuance  of  such  nonmineral  patent, 
but  if  the  land  be  known  to  be  mineral  at  the  date  of  its  relinquishment,  it  is  not  good 
base  for  exchange  under  this  act. 

Blair,  In  re,  33  L.  D.  72,  p.  73. 

The  issue  of  a  patent  to  the  railroad  company  under  this  act  precludes  any  presump- 
tion that  the  land  so  patented  is  of  mineral  character. 

Blair,  In  re,  33  L.  D.  72,  p.  73. 

Northern  Pac.  R.  Co.,  In  re,  32  L.  D.  342,  p.  344. 

1.   MINERAL  SURVEYOR  CAN  NOT  MAKE  SELECTION. 

A  deputy  mineral  surveyor,  though  not  appointed  for  a  fixed  period,  is  prohibited 
under  the  law  from  making  a  forest  lieu  selection  under  this  statute. 
Powell,  In  re,  39  L.  D.  177,  p.  179. 
56974°  — Bull.  94,  pt  2—15  23 


1178 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


27  STAT.  408,  DECEMBER  22,  1892. 

ABANDONED  MILITARY  RESERVATIONS- DISPOSAI.- WYOMING. 

AN  ACT  To  provide  for  the  disposal  of  certain  abandoned  military  reservations  in 

"Wyoming. 

Be  it  enacted,  etc.,  That  all  public  lands  now  remaining  undis- 
posed of  within  the  abandoned  military  reservations  in  the  State  of 
Wyoming,  known  as  Fort  Fetterman  Hay  Reservation,  the  Fort 
Fetterman  Old  Wood  Reserve,  situated  in  T.  32  N.,  ranges  74  and  75 
W.,  established  August  29,  1872,  and  the  Fort  Fetterman  New 
Wood  Reserve,  situated  in  townships  28  and  29,  range  71  W.,  are 
hereby  made  subject  to  disposal  under  the  homestead  law  only: 
Provided,  That  actual  occupants  thereon  upon  the  1st  day  of  Jan- 
uary, 1892,  shall  have  the  preference  right  to  make  one  entry  not 
exceeding  one  quarter  section  under  existing  land  laws  if  qualified, 
which  shall  include  their  respective  improvements:  Provided  further, 
That  any  of  such  lands  as  are  occupied  for  town-site  purposes  and 
any  of  the  lands  that  may  be  shown  to  be  valuable  for  coal  or  minerals 
shall  be  disposed  of  as  now  provided  for  lands  subject  to  entry  and 
sale  under  the  town  site,  coal,  or  mineral  land  laws  respectively. 

29  STAT.  11,  2  SUPP.  R.  S.  447,  FEBRUARY  20,  1896. 

FOREST  RESERVATIONS— OPENED  TO  LOCATION  OF  MINING  CLAIMS. 

AN  ACT  To  open  forest  reservations  in  the  State  of  Colorado  for  the  location  of  min- 
ing claims. 

Be  it  enacted,  etc..  That  the  forest  reservations  in  the  State  of 
Colorado,  known  as  the  Pikes  Peak  Forest  Reserve,  the  Plum  Creek 
Forest  Reserve,  and  the  South  Platte  Forest  Reserve,  established  by 
Executive  proclamations  dated,  respectively,  March  18,  1892,  June 
23,  1892,  and  December  9,  1892,  in  the  State  of  Colorado  in  accord- 
ance with  section  24  of  the  act  of  March  3,  1891,  from  and  after  the 
passage  of  this  act,  shall  be  open  to  the  location  of  mining  claims 
thereon  for  gold,  silver,  and  cinnabar,  and  that  title  to  such  mining 
claims  may  be  acquired  in  the  same  manner  as  it  may  be  acquired  to 
mining  claims  upon  the  other  mineral  lands  of  the  United  States  for 
such  purposes:  Provided,  That  all  locations  of  mining  claims  hereto- 
fore made  in  good  faith  within  said  reservations,  and  which  have 
been  held  and  worked  in  the  same  manner  as  mining  claims  are  held 
and  worked  under  existing  law  upon  the  public  domain,  are  validated 
by  this  act. 

Sec.  2.  That  owners  of  valid  mining  locations  made  and  held  in 
good  faith  under  the  terms  of  this  act,  shall  be,  and  are  hereby, 
authorized  and  permitted  to  fell  and  remove  from  such  mining  claims 
any  timber  growing  thereon,  for  actual  mining  purposes  in  connection 
with  the  particular  claim  from  which  the  timber  is  felled  or  removed, 
but  no  other  timber  shall  be  felled  or  removed  from  any  other  por- 
tions of  said  reservations  by  private  parties  for  any  purpose  whatever. 


RESERVATIONS,  PP.  1159-1187. 


1179 


29  STAT.  95,  APRIL  18,  1896. 

MILITARY  RESERVATIONS— DISPOSAL  OF  ABANDONED  PORTIONS- 
MONTANA. 

AN  ACT  Providing  for  disposal  of  lands  on  abandoned  portions  of  the  Fort  Assinni- 
boine  Military  Reservation  in  Montana  and  for  the  relief  of  certain  settlers 
thereon. 

Be  it  enacted,  etc.,  That  all  lands  which  have  been  or  may  here- 
after be  excluded  from  the  limits  of  the  Fort  Assinniboine  Military 
Reservation  in  the  State  of  Montana  shall  be  open  to  the  operation 
of  the  laws  regulating  homestead  entry,  except  section  2301  of  the 
Revised  Statutes,  and  to  entry  under  the  town-site  laws  and  the  laws 
governing  the  disposal  of  coal  lands,  desert  lands,  and  mineral  lands, 
and  shall  not  be  subject  to  sale  under  the  provisions  of  any  act  relating 
to  the  sale  of  abandoned  military  reservations:  Provided,  That  if  the 
entire  reservation  be  abandoned  for  military  purposes  this  act  shall 
not  apply  to  an  area  1  mile  square  embracing  the  Government  build- 
ings at  Fort  Assinniboine. 

Sec.  2.  That  all  entries  heretofore  made  in  good  faith  under  either 
the  homestead,  town-site,  desert-land,  or  mineral-land  laws  of  the 
United  States  upon  any  of  the  excluded  portions  of  said  Fort  Assinni- 
boine military  reservation  shall  be  held  valid,  and  the  Secretary  of 
the  Interior  is  directed  to  reinstate  such  entries  under  either  of  said 
laws  as  he  may  heretofore  have  canceled  because  of  a  construction 
based  upon  the  opinion  that  the  laws  mentioned  in  section  1  of  this 
act  did  not  apply  to  the  abandoned  portions  of  said  reservation. 

30  STAT.  993,  P.  994,  MARCH  2,  1899. 

MOUNT  RANIER  NATIONAL  PARK— MINERAL  LAND  LAWS  EXTENDED 

TO  PARK. 

AN  ACT  To  set  aside  a  portion  of  certain  lands  in  Washington,  known  as  the  Pacific 
Forest  Reserve,  as  a  public  park,  to  be  known  as  the  Mount  Ranier  National 
Park. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  3.  That  upon  execution  and  filing  with  the  Secretary  of  the 
Interior,  by  the  Northern  Pacific  Railroad  Co.  of  proper  deeds  re- 
leasing and  conveying  to  the  United  States  the  land  in  the  reservation 
hereby  created,  also  the  lands  in  the  Pacific  Forest  reserve  which 
have  been  heretofore  granted  by  the  United  States  to  said  company, 
whether  surveyed  or  unsurveyed,  and  which  lie  opposite  said  com- 
pany's constructed  road,  said  company  is  hereby  authorized  to 
select  an  equal  quantity  of  nonmineral  public  land,  so  classified  as 
nonmineral  at  the  time  of  actual  Government  survey,  which  has  been 
or  shall  be  made,  of  the  United  States  not  reserved  and  to  which  no 
adverse  right  or  claim  shall  have  attached  or  have  been  initiated  at 
the  time  of  the  making  of  such  selection,  lying  within  any  State  into 
or  through  which  the  railroad  of  said  Northern  Pacific  Railroad  Co. 
runs,  to  the  extent  of  the  lands  so  relinquished  and  released  to  the 
United  States. 

*  *  *  *  *  * 

Sec.  5.  That  the  mineral  land  laws  of  the  United  States  are  hereby 
extended  to  the  lands  lying  within  the  said  reserve  and  said  park. 


1180  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


A.  RESERVATION— MOUNT  RAINIER  NATIONAL  PARK. 

1.  Exchange  of  lands  rather  than  selections. 

2.  Nonmineral  and  unoccupied  surveyed  LANDS  selectable 

ONLY. 

3.  Classification  of  lands  by  field  notes  of  survey. 

4.  Lands  selected  in  exchange  must  be  nonmineral. 

5.  Grant  of  lands  in  exchange  for  lands     within  the 

GRANT." 

6.  Selection  of  lands  classified  as  mineral — Effect. 

7.  Coal  and  iron  lands  as  mineral  unless  excluded. 

8.  Lieu  lands  protected  from  subsequent  discovery. 

1.  exchange  of  lands  rather  than  selections. 

See  13  Stat.  365;  28  Stat.  683. 

The  selections  authorized  by  this  act  are  not  indemnity  selections  in  any  proper 
sense,  but  are  lands  received  in  exchange  for  lands  surrendered  and  reconveyed  to  the 
United  States,  and  the  railroad  company  is  not  authorized  to  search  throughout  the 
State  through  which  its  railroad  runs  and  select  lands  containing  iron  or  coal,  as 
Congress  intended  to  confer  no  such  right  upon  the  company. 

Brown  v.  Northern  Pac.  R.  Co.,  31  L.  D.  29,  p.  32. 

This  act  recognizes  the  grant  by  the  act  of  1864  (13  Stat,  365)  as  a  thing  complete 
and  settled,  and  it  proposes  an  exchange  of  the  public  lands  for  the  company's  grant 
located  within  the  Pacific  Forest  Reserve,  and  the  terms  and  conditions  of  the  ex- 
change are  completely  expressed  in  the  act  and  is  not  governed  by  the  terms  of  the 
former  act  providing  that  the  word  ' '  mineral "  should  not  be  held  to  include  iron  or  coal. 

Brown  v.  Northern  Pac.  R.  Co.,  31  L.  D.  29,  p.  31. 

The  lieu  lands  to  be  selected  under  this  act  still  retain  the  general  character  of  a 
donation  and  the  valuable  right  ha,s  been  given  to  the  grantee  to  choose  its  lieu  lands 
from  any  nonmineral  public  land  lying  in  any  State  and  over  or  through  which  its 
railroad  runs;  but  whether  the  act  is  one  of  grant  or  exchange,  it  is  subject  to  the 
construction  that  nothing  passes  by  implication  and  unless  the  words  of  the  grant  are 
clear  and  explicit  as  to  the  land  conveyed,  that  construction  which  is  most  favorable 
to  the  Government  must  prevail,  and  so  construed  it  conferred  the  general  authority 
to  select  an  equal  quantity  of  nonmineral  public  lands  which  means  a  selection 
from  the  nonmineral  public  lands  and  only  from  nonmineral  public  lands. 

United  States  v.  Northern  Pac.  R.  Co.,  170  Fed.  498,  p.  501. 
See  Northern  Pac.  R.  Co.  v.  United  States,  176  Fed.  706. 

Tlie  provisions  for  the  exchange  of  lands  under  this  statue  is  that  for  all  lands 
within  the  exterior  boundaries  of  the  parts  conveyed  to  the  United  States  by  the 
railroad  company,  the  latter  is  authorized  to  select  an  equal  quantity  of  nonmineral 
lands  so  classified  as  nonmineral  at  the  time  of  actual  Government  survey,  and  the 
statute  can  not  be  construed  so  as  to  eliminate  the  word  "nonmineral,"  and  Congress 
requires  that  its  nonmineral  land  shall  be  disposed  of  only  in  accordance  with  the 
provisions  of  the  statutes  governing  that  class  of  land. 

Northern  Pac.  R.  Co.  v.  United  States,  176  Fed.  706,  p.  708. 
Affirming  United  States  v.  Northern  Pac.  R.  Co.,  170  Fed.  498. 

2.  NONMINERAL  AND  UNOCCUPIED  SURVEYED  LANDS  SELECTABLE 

ONLY. 

Section  3  of  this  act  authorizes  the  railroad  company  to  select  nonmineral  public 
lands  so  classified  at  the  time  of  actual  Government  survey;  but  if  a  bona  fide  settle- 


RESERVATIONS,  Vl\  1159-1187. 


1181 


ment  claim  had  attached  to  these  kiiKLs  and  was  HiibHistiiig  at  the  date  of  tae  coini)aiiy 's 
attempted  selection,  then  the  selection  can  not  stand,  and  it  is  immaterial  that  such 
settlement  claim  was  snbsequently  abandoned. 

Frank  v.  Northern  Pac.  R.  Co.,  37  L.  D.  193,  p.  194. 
Frank  v.  Nortnern  Pac.  K.  Co.,  37  L.  D.  502. 

No  selection  was  possible  under  tliis  grant  while  the  lands  were  unsurveyed,  and 
the  right  of  further  selection  was  terminated  by  proclamation  so  long  as  the  lands 
remain  reserved  for  forestry  purposes. 

Northern  Pac.  R.  Co.  v.  Mann,  33  L.  D.  621,  p.  G24. 

The  selections  of  the  railroad  company  are  made  under  the  provisions  of  this  act. 
Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135. 

A  relinquishment  duly  executed  by  the  railroad  company  was  accepted  as  suffi- 
cient and  the  department  recognized  the  Northern  Pacific  Railway  Company  as  the 
successor  in  interest  to  the  Northern  Pacific  Railroad  Company  to  the  land  granted  by 
the  original  act  of  July  2, 1864  (13  Stat.  365),  and  the  acts  amendatory  and  supplemental 
thereto,  and  the  Northern  Pacific  Railway  Company  was  authorized  to  select  an  equal 
quantity  of  nonmineral  public  lands  classified  as  such  at  the  time  of  the  actual  Gov- 
ernment survey  and  to  which  no  adverse  right  shall  have  attached  at  the  time  of 
making  the  selection,  and  the  company  is  not  restricted  in  its  selection  to  odd-num- 
bered sections. 

Ferguson  v.  Northern  Pac.  R.  Co.,  33  L.  D.  634,  p.  636. 
Comstock  V.  Northern  Pac.  R.  Co.,  34  L.  D.  88. 

3.  CLASSIFICATION  OF  LANDS  BY  FIELD  NOTES  OF  SURVEY. 

The  field  notes  of  the  survey  of  the  subdivisional  lines  of  a  township  cleaily  con- 
stitute a  return  or  classification  by  the  surveyor  general  of  the  entire  townsliip  and 
each  legal  subdivision  thereof  as  coal  land,  and  the  term  "mineral"  used  in  the  de- 
scription is  intended  to  refer  to  the  only  mineral  specifically  mentioned  in  such  field 
notes,  and  that  is  coal. 

Brown  v.  Northern  Pac.  R.  Co.,  31  L.  D.  29,  p.  31. 

The  custom  in  surveying  public  lands  is  to  make  in  the  field  notes  and  surveyor's 
returns  notations  of  the  mines,  outcroppings,  and  evidences  of  valuable  mineral 
deposits  where  found,  and  to  say  nothing  upon  the  subject  where  no  evidences  of 
mineral  deposits  are  found,  and  when  the  field  notes  and  surveyor's  returns  make 
no  such  notation  of  minerals,  then  such  lands  may  be  considered  and  treated  as  non- 
mineral  in  the  classification  provided  by  this  statute. 

Davenport  v.  Northern  Pac.  R.  Co.,  32  L.  D.  28,  p.  30. 
See  Bedal  v.  St.  Paul,  etc.,  R.  Co.,  29  L.  D.  254,  p.  255. 

Congress  did  not  intend  that  the  return  made  at  the  time  of  actual  Government 
survey  should  be  conclusive  as  to  the  character  of  the  land,  and  the  earlier  classifi- 
cation under  the  act  of  February  26, 1895  (28  Stat.  683),  may  be  considered  as  a  matter 
of  evidence  the  same  as  any  other  material  fact  bearing  upon  the  character  of  the 
land. 

Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135,  p.  139. 

By  confining  the  right  of  the  railroad  company  to  a  selection  of  land  returned  as 
nonmineral  at  the  date  of  survey,  the  department  is  bound  to  give  some  weight  to  that 
return  as  evidence  of  the  actual  character  of  the  land,  and  this  return  itself  is  prima 
facie  evidence  that  the  land  is  in  fact  of  the  character  described. 

Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135,  p.  139. 

The  report  of  the  surveyor  is  in  effect  a  nonmineral  return. 

Bedal  v.  St.  Paul,  etc.,  R.  Co.,  29  L.  D.  254. 
Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135. 
Northern  Pac.  R.  Co.,  In  re,  40  L.  D.  64. 


1182  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


4.  LANDS  SELECTED  IN  EXCHANGE  MUST  BE  NONMINERAL. 

The  words  descriptive  of  the  land  which  may  be  selected  by  the  railroad  company 
under  this  act  are  "nonmineral  public  lands  classified  as  such  at  the  time  of  the 
actual  Government  survey,"  and  the  two  elements  are  separately  enumerated,  and 
the  land  selected  must  not  have  been  known  to  be  mineral  in  fact  at  the  time  of  selec- 
tion, and  it  must  have  been  returned  as  nonmineral  at  the  time  of  the  Government 
survey. 

Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135,  p.  139. 

The  words  "public  lands"  in  this  statute  are  qualified  by  the  adjective  "nonmin- 
eral" which  precedes  it,  as  well  as  by  the  phrase  "so  classified  as  nonmineral  at  the 
time  of  the  actual  Government  survey  which  has  been  or  shall  be  made,"  which 
follows  them,  and  means  that  lands  authorized  by  Congress  to  be  taken  by  the  rail- 
road company  in  lieu  of  lands  to  be  conveyed  by  it  to  the  United  States  must  not 
only  be  classified  by  the  Government  surveyor  as  nonmineral,  but  must  be  nonmineral 
in  fact. 

Northern  Pac.  R.  Co.  v.  United  States,  176  Fed.  706,  p.  708. 
Affirming  United  States  v.  Northern  Pac.  R.  Co.,  170  Fed.  498. 
See  Northern  Pac.  R.  Co.,  In  re,  40  L.  D.  64,  p.  67. 

Any  lands  selected  in  lieu  of  lands  surrendered  must  be  of  the  general  class  non- 
mineral  and  must  have  been  so  classified  in  the  past  or  must  be  so  classed  in  the  future, 
and  the  fact  of  their  nonmineral  character  must  exist,  and  while  classification  is  essen- 
tial before  the  right  of  selection  attaches,  yet  if  the  lands  are  not  nonmineral  the  fact 
that  they  have  been  so  classified  does  not  operate  as  a  binding  determination  that  they 
were  not  nonmineral  in  character  so  as  to  preclude  the  Government  from  asserting 
its  right  to  have  lands  which  are  mineral  in  fact  excluded  from  those  out  of  which  a 
selection  may  be  made,  as  the  true  character  of  the  land  and  not  classification  without 
regard  to  such  true  character  is  the  fundamental  meaning  of  the  act. 

United  States  v.  Northern  Pac.  R.  Co.,  170  Fed.  498,  p.  501. 
Affirmed  Northern  Pac.  R.  Co.  v.  United  States,  176  Fed.  706. 

The  Land  Department  is  unwarranted  in  assuming  that  lands  returned  as  non- 
mineral  at  the  date  of  the  survey  are  not  subject  to  selection  under  this  act,  where 
the  classification  under  the  act  of  February  26,  1895  (28  Stat.  683),  is  not  set  up  as 
the  true  one,  and  no  question  is  raised  as  to  the  correctness  of  the  return,  as  the  rail- 
road company  is  not  required  to  overturn  the  earlier  classification. 

Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135,  pp.  139,  140. 
See  Davenport  v.  Northern  Pac.  R.  Co.,  32  L.  D.  28,  p.  30. 
Bedal  v.  St.  Paul,  etc.,  R.  Co.,  29  L.  D.  254,  p.  255. 

Lands  selected  by  the  railroad  company  under  this  act  may  not  in  fact  be  mineral, 
but  the  Land  Department  can  inquire  into  the  question  as  to  whether  or  not  the  lands 
are  mineral  where  they  are  not  classified  as  nonmineral  by  the  return  of  the  surveyor. 

Northern  Pac.  R.  Co.,  In  re,  40  L.  D.  64,  p.  66. 

The  question  as  to  the  mineral  or  nonmineral  character  of  land  to  be  selected  is 
one  between  the  Government  and  the  railroad  company,  and  where  no  protest  is 
made  against  the  selection  upon  the  ground  that  the  land  selected  is  mineral,  the  com- 
pany will  be  permitted  to  perfect  its  claim,  and  if  the  land  were  in  fact  mineral  this 
would  defeat  the  right  of  the  State  to  take  the  land  under  a  school  grant. 

Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135,  p.  140. 

5.  GRANT  OF  LANDS  IN  EXCHANGE  FOR  LANDS  ^'WITHIN  THE  GRANT." 

The  expressions  "land  grant"  and  "granted  lands"  and  "lands  within  the  grant" 
and  similar  expressions  include  not  only  the  lands  within  the  place  or  primary  limits. 


RESERVATIONS,  PP.  1159-1187. 


1183 


but  also  those  within  tlie  secondary  or  indemnity  limits,  but  it  was  not  intended  by 
this  act  to  grant  a  right  of  selection  for  other  lands  in  lieu  of  those  which  might  fall 
witliin  these  reservations  so  far  as  they  were  included  within  the  secondary  or  in- 
demnity belt. 

Northern  Pac.  R.  Co.  v.  Mann,  33  L.  D.  621,  p.  624. 
See  Northern  Pac.  R.  Co.  v.  Frei,  34  L.  D.  661,  p.  662. 

6.  SELECTION  OF  LANDS  CLASSIFIED  AS  MINERAL  EFFECT. 

If  at  the  time  of  the  filing  of  the  application  for  land  by  the  railroad  company  the 
the  Land  Office  finds  the  land  applied  for  was  classified  as  mineral  at  the  time  of  the 
survey,  then  the  selection  must  be  rejected,  and  if  rated  by  the  Government  surveyor 
as  nonmineral  the  inquiry  as  to  the  true  character  of  the  land  is  open  to  the  Govern- 
ment up  to  the  time  of  the  issuance  of  its  patent. 

Northern  Pac.  R.  Co.  v.  United  States,  176  Fed.  706,  p.  709. 
See  Iron  Silver  Min.  Co.  v.  Campbell,  135  U.  S.  286. 

Williams  v.  United  States,  138  U.  S.  514. 

Hawley  v.  Diller,  178  U.  S.  476. 

Diller  v.  Hawley,  81  Fed.  651. 

7.  COAL  AND  IRON  LANDS  AS  MINERAL  UNLESS  EXCLUDED. 

The  special  express  provisions  made  in  certain  acts  of  Congress  to  aid  in  the  construc- 
tion of  rules  to  the  effect  that  coal  and  iron  lands  are  not  to  be  deemed  mineral  within 
the  provisions  of  such  acts  show  that  such  lands  would  be  included  as  mineral  if  not 
specifically  excluded,  and  undoubtedly  the  lands  to  be  taken  under  this  act  are  such 
as  the  definitions  of  Congress  and  the  decisions  of  the  courts  have  attached  to  the 
word  "mineral"  since  1864. 

United  States  v.  Northern  Pac.  R.  Co.,  170  Fed.  498,  p.  500. 
See  United  States  v.  Mullan,  10  Fed.  785. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288. 

Northern  Pac.  R.  Co.  v.  Soderberg,  188  U.  S.  526. 

The  general  policy  of  Congress  has  been  to  reserve  mineral  lands  from  grants  made 
of  public  lands,  and  coal  lands  are  mineral  lands  within  the  meaning  of  this  policy 
and  as  generally  employed  in  the  laws  regulating  disposal  of  the  public  domain. 

United  States  v.  Northern  Pac.  R.  Co.  170  Fed.  498,  p.  500. 
Afiirmed  Northern  Pac.  R.  Co.  v.  United  States,  176  Fed.  706. 
See  Mullan  v.  United  States,  118  U.  S.  271. 

Northern  Pac.  R.  Co.  v.  Soderberg,  188  U.  S.  526. 

8.  LIEU  LANDS  PROTECTED  FROM  SUBSEQUENT  DISCOVERY. 

The  filing  of  a  coal  declatory  statement  nearly  a  year  after  a  lieu  selection  under 
this  act  is  regularly  presented  can  not  of  itself  affect  the  lieu  selection,  nor  is  such  a 
selection  affected  by  a  protest  filed  nearly  a  year  thereafter,  in  which  it  is  stated  that 
at  the  time  of  filing  the  protest  the  land  contained  mineral  deposits. 

Davenport  v.  Northern  Pac.  R.  Co.,  32  L.  D.  28,  p.  30. 

39  STAT.  699,  AUGUST  22,  1914  (PUBLIC  NO.  177.  63D  CONGRESS). 

GLACIER  NATIONAL  PARK— MINERALS  PROTECTED. 

AN  ACT  To  accept  the  cession  by  the  State  of  Montana  of  exclusive  jurisdiction 
over  the  lands  embraced  within  the  Glacier  National  Park,  and  for  other  purposes. 

Be  it  enacted,  etc.,  That  the  provisions  of  the  act  of  the  legislature 
of  the  State  of  Montana,  approved  February  17,  1911,  ceding  to  the 
United  States  exclusive  jurisdiction  over  the  territory  embraced 


1184  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


within  the  Glacier  National  Park  are  hereby  accepted,  and  sole  and 
exclusive  jurisdiction  is  hereby  assumed  by  the  United  States  over 
such  territory,  saving,  however,  to  the  said  State  the  right  to  serve 
civil  or  criminal  process  within  the  limits  of  the  aforesaid  park  in 
suits  or  prosecution  for  or  on  account  of  rights  acquired,  obliga- 
tions incurred,  or  crimes  committed  in  said  State  but  outside  of  said 
park,  and  saving  further  to  the  said  State  the  right  to  tax  persons 
and  corporations,  their  franchises  and  property,  on  the  lands  included 
in  said  park.    *    *  * 

Sec.  4.  *  *  *  That  the  Secretary  of  the  Interior  shall  make 
and  publish  such  rules  and  regulations  as  he  may  deem  necessary  and 
proper  for  the  management  and  care  of  the  park  and  for  the  protec- 
tion of  the  property  therein,  especially  for  the  preservation  from 
injury  or  spoliation  of  all  timber,  mineral  deposits  other  than  those 
legally  located  prior  to  the  passage  of  the  act  of  May  11,  1910.  (36 
Stat.,  354).  *  *  *  j^nj  person  or  persons,  or  stage  or  express 
company,  or  railway  company,  who  knows  or  has  reason  to  believe 
that  they  were  taken  or  killed  contrary  to  the  provisions  of  this  act 
and  who  receives  for  transportation  any  of  said  animals,  birds,  or 
fish  so  killed,  caught,  or  taken,  or  who  shall  violate  any  of  the  other 
provisions  of  this  act  or  any  rule  or  regulation  that  may  be  promul- 
gated by  the  Secretary  of  the  Interior  with  reference  to  the  manage- 
ment and  care  of  the  park  or  for  the  protection  of  the  property 
therein,  for  the  preservation  from  injury  or  spoliation  of  timber, 
mineral  deposits,  other  than  those  legally  located  prior  to  the  passage 
of  the  act  of  May  11,  1910  (36  Stat.,  354),  natural  curiosities,  or  won- 
derful objects  within  said  park,  or  for  the  protection  of  the  animals, 
birds,  or  fish  in  the  park,  or  who  shall  within  said  park  commit  any 
damage,  injury,  or  spoliation  to  or  upon  any  building,  fence,  hedge, 
gate,  guidepost,  tree,  wood,  underwood,  timber,  garden,  crops,  vege- 
tables, plants,  land,  springs,  mineral  deposits  other  than  those  legally 
located  prior  to  the  passage  of  the  act  of  May  11,  1910  (36  Stat.,  354), 
natural  curiosities,  or  other  matter  or  thing  growing  or  being  thereon, 
or  situated  therein,  shall  be  deemed  guilty  of  a  misdemeanor  and  shall 
be  subject  to  a  fine  of  not  more  than  $500,  or  imprisonment  not 
exceeding  six  months,  or  both,  and  be  adjudged  to  pay  all  costs  of 
•  the  proceedings.    *    *  * 

31  STAT.  672,  p.  676,  JUNE  6,  1900. 

INDIAN  RESERVATIONS— MINERAL  LANDS  OPEN  TO  LOCATION. 

AN  ACT  To  ratify  an  agreement  with  the  Indians  of  the  Fort  Hall  Indian  Reservation 
in  Idaho,  and  making  appropriations  to  carry  the  same  into  effect. 

Be  it  enacted,  etc.    *    *  * 

Sec.  5.  That  on  the  completion  of  the  allotments  and  the  prepara- 
tion of  the  schedule  provided  for  in  the  preceding  section,  and  the 
classification  of  lands  as  provided  for  herein,  the  residue  of  said 
ceded  lands  shall  be  opened  to  settlement  by  the  proclamation  of  the 
President,  and  shall  be  subject  to  disposal  under  the  homestead,  town- 
site,  stone  and  timber,  and  mining  laws  of  the  United  States  only, 
excepting  as  to  price  and  excepting  the  sixteenth  and  thirty-sixth 
sections  in  each  congressional  township,  which  shall  be  reserved  for 
common-school  purposes  and  be  subject  to  the  laws  of  Idaho:  Pro- 


RESERVATIONS,  PP.  1159-1187. 


1185 


vided,  That  all  purchasers  of  lands  lyin^  under  the  canal  of  the  Idaho 
Canal  Co.,  and  which  are  susceptihle  of  irrigation  from  the  water  from 
said  canal,  shall  pay  for  the  same  at  the  rate  of  $10  per  acre;  all 
agricultural  lands  not  unck^r  said  canal  shall  be  paid  for  at  the  rate  of 
$2.50  per  acre,  and  grazing  lands  at  the  rate  of  $1.25  per  acre,  one- 
fifth  of  the  respective  sums  to  be  paid  at  time  of  original  entry,  and 
four-fifths  thereof  at  the  time  of  making  final  proof;  but  no  purchaser 
shall  be  permitted  in  any  manner  to  purchase  more  than  160  acres 
of  the  land  hereinbefore  referred  to;  but  the  rights  of  honorably 
discharged  Union  soldiers  and  sailors,  as  defined  and  described  in 
sections  2304  and  2305  of  the  Revised  Statutes  of  the  United  States, 
shall  not  be  abridged,  except  as  to  the  sum  to  be  paid  as  aforesaid. 

The  classification  as  to  agricultural  and  grazing  lands  shall  be  made 
by  an  employee  of  the  General  Land  Office  under  the  direction  of  the 
Secretary  of  the  Interior. 

No  lands  in  sections  16  and  36  now  occupied,  as  set  forth  in 
article  3  of  the  agreement  herein  ratified,  shall  be  reserved  for 
school  purposes,  but  the  State  of  Idaho  shall  be  entitled  to  indemnity 
for  any  lands  so  occupied:  Provided,  That  none  of  said  lands  shall 
be  disposed  of  under  the  town-site  laws  for  less  than  $10  per  acre: 
And  provided  further.  That  all  of  said  lands  within  5  miles  of  the 
boundary  line  of  the  town  of  Pocatello,  shall  be  sold  at  public  auction, 
payable  as  aforesaid,  under  the  direction  of  the  Secretary  of  the 
Interior  for  not  less  than  $10  per  acre:  And  provided  further,  That 
any  mineral  lands  within  said  5-mile  limit  shall  be  disposed  of  under 
the  mineral  land  laws  of  the  United  States,  excepting  that  the  price 
of  such  mineral  lands  shall  be  fixed  at  $10  per  acre  instead  of  the  price 
fixed  by  the  said  mineral  land  laws. 

That  should  any  of  said  lands  alloted  to  said  Indians,  or  opened 
to  settlement  under  this  act,  contain  valuable  mineral  deposits,  such 
mineral  deposits  shall  be  open  to  location  and  entry,  under  the  exist- 
ing mining  laws  of  the  United  States,  upon  the  passage  of  this  act, 
and  the  mineral  laws  of  the  United  States  are  hereby  extended  over 
said  lands. 

A.  CONSTRUCTION  OF  ACT. 

1.  Mineral  deposits  on  Indian  allotments. 

2.  Mining  Laws  extended  to  allotted  lands. 

3.  Right  to  prospect  allotments  for  minerals — Limita- 

tions. 

4.  Time  for  making  mineral  locations  on  allotments. 

5.  Mineral  character  of  land — Burden  of  proof. 

1.  mineral  deposits  on  indian  allotments. 

A  consideration  of  this  entire  act  and  of  the  policy  of  the  Government  in  dealing 
with  Indian  allotments  and  with  mineral  deposits  in  public  lands  requires  that  the 
mineral  provision  of  this  act  be  read  as  if  referring  to  the  lands  which  were  to  be 
"allotted  to  said  Indians,  or  open  to  settlement  under  this  act,"  and  this  consideration 


1186  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


gives  to  this  mineral  provision  a  common  sense  and  just  operation  in  harmony  with  the 
system  of  legislation  affecting  allotments  in  severalty  and  with  the  general  operation 
of  the  mining  laws  upon  public  lands. 

Acme  Cement  &  Plaster  Co.,  In  re,  31  L.  D.  125,  p.  128. 

See  Heydenfeldt  v.  Daney  Gold,  etc.,  Min.  Co.,  93  U.  S.  634,  p.  639. 

Valuable  mineral  deposits  found  upon  land  allotted  in  severalty  to  an  Indian  under 
this  act  are  not  withheld  from  such  allottee  or  reserved  to  the  United  States,  and  they 
can  not  be  acquired  under  the  mining  law,  but  such  land  may,  with  the  approval  of 
the  Secretary,  be  leased  by  such  allottee  under  the  general  statute  relating  to  the 
giving  of  mining  leases  by  Indian  allottees. 

Acme  Cement  &  Plaster  Co.,  In  re,  31  L.  D.  125,  p.  128. 

2.   MINING  LAWS  EXTENDED  TO  ALLOTTED  LANDS. 

This  statute  opens  to  settlement  lands  allotted  to  the  Comanche,  Kiowa,  and 
Apache  Tribes  of  Indians,  containing  valuable  mineral  deposits. 

Bay  V.  Oklahoma  Southern  Gas,  etc.,  Min.  Co.,  13  Okla.  425,  p.  431. 

The  time  when  the  mineral  deposits  were  to  be  opened  for  location  and  entry  is  fixed 
by  the  term  ''upon  the  passage  of  the  act,"  and  this  is  emphasized  by  the  provision 
extending  the  mineral  laws  of  the  United  States  over  such  lands,  and  these  words  of 
present  import  indicate  that  the  law  was  to  operate  at  once  upon  the  lands  to  be 
affected  thereby,  and  the  law  was  to  operate  upon  lands  allotted  to  the  Indians  or 
open  to  settlement  under  the  act. 

Acme  Cement  &  Plaster  Co.,  In  re,  31  L.  D.  125,  p.  126. 

By  this  act  only  the  lands  which  are  to  be  allotted  to  the  Indians,  or  to  be  opened  to 
settlement  thereunder,  are  made  subject  to  the  mining  laws  and  to  mineral  exploration 
and  entry,  and  the  act  does  not  extend  the  mining  la\\  s  generally  to  the  land  ceded,  as 
did  the  act  of  March  2,  1895  (28  Stat.  876,  pp.  894-899). 

Gypsite  Placer  Min.  Claim,  In  re,  34  L.  D.  54,  p.  55. 
See  Acme  Cement  &  Plaster  Co.,  In  re,  31  L.  D.  125. 
Instructions,  In  re,  32  L.  D.  95. 

3.  RIGHT  TO  PROSPECT  ALLOTMENTS  FOR  MINERALS  LIMITATIONS. 

The  mineral  provision  in  this  act  does  not  subject  to  the  mining  laws  or  the  mineral 
exploration  and  entry  lands  which  have  been  allotted  to  Indians,  or  lands  to  which  a 
homestead  entryman  has  acquired  fixed  and  vested  rights  by  reason  of  his  compliance 
with  the  homestead  laws,  and  the  act  does  not  contemplate  that  these  lands  were 
always  to  be  subject  to  mining  laws  or  to  mineral  exploration  and  entry,  but  only  eo 
long  as  they  should  remain  free  from  any  vested  right  of  ownership  of  any  individual, 
and  when  title  was  earned  by  homestead  entry  or  otherwise  the  land  ceased  to  be 
subject  to  this  mineral  provision. 

Acme  Cement  &  Plaster  Co.,  In  re,  31  L.  D.  125,  p.  128. 

4.  TIME  FOR  MAKING  MINERAL  LOCATIONS  ON  ALLOTMENTS. 

Under  this  act  and  the  proclamation  of  the  President  issued  July  4,  1901  (32  Stat. 
1975),  fixing  August  6,  1901,  as  the  beginning  of  the  60-day  period  prohibiting  persona 
from  entering  or  settling  upon  lands  in  the  Comanche,  Kiowa,  and  Apache  Reserva- 
tions, and  a  mineral  claimant  could  not  by  staking  and  locating  a  mineral  claim  on  the 
8th  day  of  August  acquire  any  valid  rights  as  against  a  homestead  entry  made  on 
November  15,  1901. 

Bay  V.  Oklahoma  Southern  Gas,  etc.,  Min.  Co.,  13  Okla.  425,  p.  438. 


RESERVATIONS,  PP.  1159-1187. 


1187 


5.  MINERAL  CHARACTER  OF  LAND — BURDEN  OF  PROOF. 

Lands  in  Oklahoma,  by  virtue  of  the  surveyor's  return,  are  prima  facie  nonmineral, 
and  this,  together  with  the  necessary  nonmineral  affidavit  of  a  homestead  entryman, 
impresses  the  land  enbraced  in  his  entry  as  nonmineral  and  agricultural  in  character 
and  casts  upon  a  mineral  claimant  the  burden  of  proving  the  mineral  character  of  the 
land. 

Bay  v.  Oklahoma  Southern  Gas,  etc.,  Min.  Co.,  13  Okia.  425,  p.  426. 

33  STAT.  243,  APRIL  22,  1904. 

MILITARY  RESERVATIONS— FORT  WALLA  WALLA— SALE  OF  MINERAL 

LANDS. 

AN  ACT  For  the  reappraisement  and  sale  of  the  undisposed  lands  within  the  Fort 
Walla  Walla  Military  Reservation,  in  the  State  of  Washington. 

Be  it  enacted,  etc..  That  the  lands  originally  embraced  within  the 
Fort  Walla  Walla  Military  Reservation,  in  the  State  of  Washington, 
remaining  undisposed  of  shall  be  reappraised,  under  the  direction 
of  the  Secretary  of  the  Interior,  by  legal  subdivisions,  and  the  ap- 
praisers, in  their  report,  shall  note  the  character  of  each  legal  sub- 
division and  state  whether  it  is  chiefly  valuable  for  stone,  mineral, 
timber,  agricultural,  or  grazing  purposes;  and  if  any  of  the  legal 
subdivisions  of  said  land  is  improved  the  appraiser  shall  appraise 
separately  the  improvements  on  said  land  and  the  land  independently 
of  such  improvements,  and  they  shall  describe  generally  the  character 
of  such  improvemets,  and  also  report  the  names  of  the  persons 
who  made  such  improvements  and  the  parties  claiming  to  own  the 
same. 

34  STAT.  233,  p.  234,  JUNE  11,  1906. 

FOREST  RESERVATIONS— ENTRY  SUBJECT  TO  MINING  LAWS. 
AN  ACT  To  provide  for  the  entry  of  agricultural  lands  within  forest  reserves. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  3.  That  all  entries  under  this  act  in  the  Black  Hills  Forest 
Reserve  shall  be  subject  to  the  quartz  or  lode  mining  laws  of  the 
United  States,  and  the  laws  and  regulations  permitting  the  location, 
appropriation,  and  use  of  the  waters  within  the  said  forest  reserves 
for  mining,  irrigation,  and  other  purposes;  and  no  titles  acquired 
to  agricultural  lands  in  said  Black  Hills  Forest  Reserve  under  this 
act  shall  vest  in  the  patentee  any  riparian  rights  to  any  stream  or 
streams  of  flowing  water  within  said  reserve;  and  that  such  limitation 
of  title  shall  be  expressed  in  the  patents  for  the  lands  covered  by 
such  entries. 


RIGHTS  OF  WAY. 


See  Railroad  grants,  pp.  1099,  1105,  1129. 

10  STAT.  28,  AUGUST  4,  1852. 

RAILROADS,  PLANK  ROADS,  AND  TURNPIKES. 

AN  ACT  To  grant  the  right  of  way  to  all  rail  and  plank  roads  and  macadamized  turn- 
pikes passing  through  the  public  land  belonging  to  the  United  States. 

Be  it  enacted,  etc.,  That  the  right  of  way  shall  be,  and  is  hereby 
granted  to  all  rail  and  plank  road,  or  macadamized  turnpike  com- 
panies that  are  now  or  that  may  be  chartered  within  10  years  here- 
after, over  and  through  any  of  the  pubhc  lands  of  the  United  States, 
over  which  any  rail  or  plank  road  or  macadamized  turnpikes  are  or 
may  be  authorized  by  an  act  of  the  legislature  of  the  respective 
States  in  which  public  lands  may  be  situated;  and  the  said  company 
or  companies  are  hereby  authorized  to  survey  and  mark  through  the 
said  public  lands,  to  be  held  by  them  for  the  track  of  said  road,  100 
feet  in  width:  Provided,  That  in  case  where  deep  excavation  or 
heavy  embankment  is  required  for  the  grade  of  such  road,  then  at 
such  places  a  greater  width  may  be  taken  by  such  company,  if  neces- 
sary, not  exceeding  in  the  whole  200  feet. 

Sec.  2.  And  be  it  further  enacted.  That  the  said  company  or  com- 
panies shall  have  the  right  to  take  from  the  pubhc  lands,  in  the 
vicinity  of  said  road  or  roads,  all  such  materials  of  earth,  stone, 
or  wood,  as  may  be  necessary  or  convenient,  from  time  to  time, 
for  the  first  construction  of  said  road  or  roads,  or  any  part  thereof, 
through  said  land. 

4:  ^  ^ 

10  STAT.  683,  MABCH  3,  1855. 

RAILROADS,  PLANK  ROADS,  AND  TURNPIKES— AMENDMENT. 

AN  ACT  Extending  the  provisions  of  the  act  of  August  4,  1852,  entitled  "An  act  to 
grant  the  right  of  way,  etc.,  to  the  public  lands  in  the  Territories  of  the  United 
States. 

Be  it  enacted,  etc..  That  the  provisions  of  the  act  entitled  '^An  act 
to  grant  the  right  of  way  to  all  rail  and  plank  roads  and  macadam- 
ized turnpikes  passing  through  the  pubhc  lands  belonging  to  the 
United  States,"  approved  August  4,  1852  (10  Stat.  28),  be  and  the 
same  is  hereby  extended  to  all  of  the  public  lands  of  the  United 
States  in  the  Territories  of  the  United  States. 

18  STAT.  482,  MARCH  3,  1875. 

RAILROADS  THROUGH  PUBLIC  LANDS. 

AN  ACT  Granting  to  railroads  the  right  of  way  through  the  public  lands  of  the  United 

States. 

Be  it  enacted,  etc..  That  the  right  of  way  through  the  pubUc  land 
of  the  United  States  is  hereby  granted  to  any  railroad  company 

1188 


BIGHTS  OF  WAY,  PP.  1188-1193. 


1189 


duly  organized  under  the  laws  of  any  State  or  Territory,  except  the 
District  of  Cohimbia,  or  by  the  Congress  of  the  United  States,  which 
shall  have  filed  with  the  Secretary  of  the  Interior  a  copy  of  its  arti- 
cles of  incorporation,  and  due  proofs  of  its  organization  tinder  the 
same,  to  the  extent  of  100  feet  on  each  side  of  the  central  line  of 
said  road;  also  the  right  to  take,  from  the  public  lands  adjacent  to 
the  line  of  said  road,  material,  earth,  stone,  and  timber  necessary 
for  the  construction  of  said  railroad;  also  ground  adjacent  to  such 
right  of  way  for  station  buildings,  depots,  machine  shops,  side  tracks, 
turnouts,  and  water  stations,  not  to  exceed  in  amount  20  acres  for 
each  station,  to  the  extent  of  one  station  for  each  10  miles  of  its  road. 

A.  RAILROAD  GRANT. 

1.  Appropriation  and  selection — Mining  claims. 

2.  Mining  claims  subject  to  right  of  way. 

1.  appropriation  and  selection  mining  claims. 

Under  this  grant  a  railroad  company  can  not  appropriate  ground  for  its  station  cov- 
ering land  embraced  within  a  prior  mineral  application. 
Montana  Central  R.  Co.,  In  re,  25  L.  D.  250. 

Gravel  beds  or  ballast  pits  are  not  subject  to  selection  under  this  act. 
Grand  Island,  etc.,  R.  Co.,  In  re,  14  L.  D.  414. 

2.  MINING  CLAIMS  SUBJECT  TO  RIGHT  OF  WAY. 

Under  this  act  a  railroad  company  acquires  an  easement  only  and  subject  to  which 
a  mineral  patent  may  issue  in  the  absence  of  other  objection,  but  by  virtue  of  which 
easement  the  railroad  company  may  rightfully  resist  an  application  for  mineral  patent 
upon  any  sufficient  ground. 

Grand  Canyon  R.  Co.  v.  Cameron,  35  L.  D.  495,  p.  496. 

26  STAT.  371,  p.  391,  AUGUST  30,  1890. 

CANALS  AND  DITCHES. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  of  the  Government  for  the 
fiscal  year  ending  June  30,  1891,  and  for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

No  person  who  shall  after  the  passage  of  this  act  enter  upon  any 
of  the  pubUc  lands  with  a  view  to  occupation,  entry,  or  settlement 
under  any  of  the  land  laws  shall  be  permitted  to  acquire  title  to  more 
than  320  acres  in  the  aggregate,  under  all  of  said  laws,  but  this  limi- 
tation shall  not  operate  to  curtail  the  right  of  any  person  who  has 
heretofore  made  entry  or  settlement  on  the  public  lands,  or  whose 
occupation,  entry,  or  settlement  is  validated  by  this  act:  Provided, 
That  in  all  patents  for  lands  hereafter  taken  up  under  any  of  the  land 
laws  of  the  United  States  or  on  entries  or  claims  validated  by  this  act 
west  of  the  one  hundredth  meridian  it  shall  be  expressed  that  there 
is  reserved  from  the  lands  in  said  patent  described  a  right  of  way 
thereon  for  ditches  or  canals  constructed  by  the  authority  of  the 
United  States.    *    *  * 


1190 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


A.  RESERVOIR  SITES— MINERAL  LANDS. 

See  Settlers'  relief  acts,  26  Stat.  1095,  p.  1221. 

Mineral  lands  are  not  excepted  from  the  reservoir  sites  provided  for  by  this  act,  but 
a  reservoir  site  can  not  be  located  on  a  valid  existing  mining  claim. 
Gabathuler,  In  re,  15  L.  D.  418. 

26  STAT.  1095,  p.  1101,  MARCH  3,  1891. 

CANALS  AND  DITCHES. 
AN  ACT  To  repeal  the  timber-culture  laws,  and  for  other  purposes. 
Be  it  enacted,  etc.,    *    *  * 

Sec.  18.  That  the  right  of  way  through  the  public  lands  and  reser- 
vations of  the  United  States  is  hereby  granted  to  any  canal  or  ditch 
company  formed  for  the  purpose  of  irrigation,  and  duly  organized 
under  the  laws  of  any  State  or  Territory,  which  shall  have  filed,  or 
may  hereafter  file,  with  the  Secretary  of  the  Interior  a  copy  of  its 
articles  of  incorporation,  and  due  proofs  of  its  organization  under  the 
same,  to  the  extent  of  the  ground  occupied  by  the  water  of  the  reser- 
voir and  of  the  canal  and  its  laterals,  and  50  feet  on  each  side  of  the 
marginal  limits  thereof ;  also  the  right  to  take,  from  the  public  lands 
adjacent  to  the  line  of  the  canal  or  ditch,  material,  earth,  and  stone 
necessary  for  the  construction  of  such  canal  or  ditch:  Provided, 
That  no  such  right  of  way  shall  be  so  located  as  to  interfere  with  the 
proper  occupation  by  the  Government  of  any  such  reservation,  and  all 
maps  of  location  shall  be  subject  to  the  approval  of  the  department 
of  the  Government  having  jurisdiction  of  such  reservation,  and  the 
privilege  herein  granted  shall  not  be  construed  to  interfere  with  the 
control  of  water  for  irrigation  and  other  purposes  under  authority  of 
the  lespective  States  or  Territories. 

28  STAT.  635,  2  SUPP.  R.  S.  367,  JANUARY  21,  1895. 

TRAMROADS,  CANALS,  AND  RESERVOIRS. 

AN  ACT  To  permit  the  use  of  the  right  of  way  through  public  lands  for  tramroads, 
canals,  and  reservoirs,  and  for  other  purposes. 

Be  it  enacted,  etc..  That  the  Secretary  of  the  Interior  be,  and 
hereby  is,  authorized  and  empowered,  under  the  general  regulations 
to  be  fixed  by  him,  to  permit  the  use  of  right  of  way  through  the  pub- 
lic lands  of  the  United  States,  not  within  the  limits  of  any  park, 
forest,  military  or  Indian  reservation,  for  tramroads,  canals  or  reser- 
voirs to  the  extent  of  the  ground  occupied  by  the  water  of  the  canals 
and  reservoirs  and  50  feet  on  each  side  of  the  marginal  limits  thereof ; 
or  50  feet  on  each  side  of  the  center  line  of  the  tramroad,  by  any  citi- 
zen or  any  association  of  citizens  of  the  United  States  engaged  in  the 
business  of  mining  or  quarrying  or  of  cutting  timber  and  manufac- 
turing lumber. 

29  STAT.  40,  p.  42,  MARCH  2,  1896. 

FORT  SMITH  &  WESTERN  COAL  RAILROAD. 

AN  ACT  To  grant  the  Fort  Smith  &  Western  Coal  Railroad  Co.  a  right  of  way  through 
the  Indian  Territory  and  for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  9.  That  the  Fort  Smith  &  Western  Coal"  Railroad  Co.  shall 
accept  this  right  of  way  upon  the  express  condition,  binding  upon 


RIGHTS  OF  WAY,  PP.  1188-1193. 


1191 


itself,  its  successors  and  assigns,  that  they  will  neither  aid,  advise,  or 
assist  toward  any  effort  looking  to  the  changing  of  or  extinguishing 
the  present  tenure  of  the  Indians  in  their  lands,  and  will  not  attempt 
to  secure  from  the  Indians  for  the  purposes  of  said  railway  any  fur- 
ther grant  of  land,  or  its  occupancy,  than  herein  provided,  except 
for  the  purpose  of  mining  coal:  Provided,  That  any  violation  of  the 
conditions  named  in  this  section  shall  operate  as  a  forfeiture  of  all 
the  rights  and  privileges  of  said  railway  company  under  this  act: 
Provided  further.  That  the  entire  line  of  said  road  shall  be  surveyed 
and  located  and  said  location  approved  by  the  Secretary  of  the 
Interior  before  the  work  of  construction  shall  commence. 

29  STAT.  120,  MAY  14,  1896. 

TRAMROADS,  CANALS,  AND  RESERVOIRS— ELECTRIC  POWER. 

AN  ACT  To  amend  the  act  approved  March  3,  1891  (26  Stat.  1095)  granting  the  right 
of  way  upon  the  public  lands  for  reservoir  and  canal  purposes. 

Be  it  enacted,  etc..  That  the  act  entitled  '^An  act  to  permit  the 
use  of  the  right  of  way  through  the  public  lands  for  tramroads,  canals, 
and  reservoirs,  and  for  other  purposes,"  approved  January  21,  1895 
(28  Stat.  635),  be,  and  the  same  is  hereby,  amended  by  adding  thereto 
the  following: 

^'Sec.  2.  That  the  Secretary  of  the  Interior  be,  and  hereby  is, 
authorized  and  empowered,  under  general  regulations  to  be  fixed 
by  him,  to  permit  the  use  of  right  of  way  to  the  extent  of  25  feet, 
together  with  the  use  of  necessary  ground,  not  exceeding  40  acres, 
upon  the  public  lands  and  forest  reservations  of  the  United  States, 
by  any  citizen  or  association  of  citizens  of  the  United  States,  for  the 
purposes  of  generating,  manufacturing,  or  distributing  electric 
power." 

Note.— The  reference  in  the  title  of  this  act  to  the  act  approved  March  3, 1891  (26  Stat.  1095),  is  evidently 
an  error,  as  shown  in  the  body  of  the  act.  But  section  18  of  the  act  of  March  3, 1891  (26  Stat.  1095,  p.  1101), 
does  grant  the  right  of  way  through  the  public  lands  to  canal  and  ditch  companies. 

30  STAT.  910,  p.  911,  FEBRUARY  28.  1899. 

PASADENA  &  MOUNT  WILSON  RAILROAD— MINERALS  RESERVED. 

AN  ACT  To  grant  to  the  Pasadena  &  Mount  Wilson  Railway  Co.  right  of  way  and 
certain  lands  for  railroad  purposes  through  the  San  Gabriel  Forest  Reserve. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  2.  *  *  *  Also  a  tract  of  land  consisting  of  40  acres  at 
the  terminus  of  said  right  of  way  at  Mount  Lowe:  Provided,  That 
all  minerals,  including  coal,  in  all  of  said  right  of  way  and  lands 
hereby  granted  are  reserved  to  the  United  States. 

30  STAT.  1214,  p.  1233,  MARCH  3,  1899. 

FOREST  RESERVATIONS— RESERVOIR  SITES— HIGHWAYS  ACROSS. 

AN  ACT  Making  appropriations  to  supply  deficiencies  in  appropriations  for  the  fiscal 
year  ending  June  30,  1899,  and  for  other  purposes. 

Be  it  enacted,  etc.,    *    *  * 

That  in  the  form  provided  by  existing  law  the  Secretary  of  the 
.Interior  may  file  and  approve  surveys  and  plats  of  any  right  of  way 


1192  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


for  a  wagon  road,  railroad,  or  other  highway  over  and  across  any 
forest  reservation  or  reservoir  site  when  in  his  judgment  the  pubhc 
interest  will  not  be  injuriously  affected  thereby. 

See  2339  R.  S.,  p.  609;  14  Stat.  251,  p.  253,  sec.  8,  p.  633  ;  28  Stat.  635,  2  Supp.  367,  p.  1190. 

31  STAT.  790,  2  SUPP.  R.  S.  1483,  FEBRUARY  15,  1901. 

PUBLIC  LANDS— PERMITS  GENERALLY. 

AN  ACT  Relating  to  rights  of  way  through  certain  parks,  reservations,  an|d  o»ther 

public  lands. 

Be  it  enacted,  etc..  That  the  Secretary  of  the  Interior  be,  and  hereby 
is,  authorized  and  empowered,  under  general  regulations  to  be  fixed 
by  him,  to  permit  the  use  of  rights  of  way  through  the  pubhc  lands, 
forest  and  other  reservations  of  the  United  States,  and  the  Yosemite, 
Sequoia,  and  General  Grant  National  Parks,  Cahfornia,  for  electrical 
plants,  poles,  and  lines  for  the  generation  and  distribution  of  elec- 
trical power,  and  for  telephone  and  telegraph  purposes,  and  for  canals, 
ditches,  pipes  and  pipe  lines,  flumes,  tunnels,  or  other  water  conduits, 
and  for  water  plants,  dams,  and  reservoirs  used  to  promote  irriga- 
tion or  mining  or  quarrying,  or  the  manufacturing  or  cutting  of  tim- 
ber or  lumber,  or  the  supplying  of  water  for  domestic,  public,  or 
other  beneficial  uses  to  the  extent  of  the  ground  occupied  by  such 
canals,  ditches,  etc.,  *  *  *  qp  electrical  or  other  works  permitted 
hereunder,  and  not  to  exceed  50  feet  on  each  side  of  the  marginal 
limits  thereof,  or  not  to  exceed  50  feet  on  each  side  of  the  center 
line  of  such  pipes  and  pipe  lines,  electrical,  telegraph,  and  telephone 
lines  and  poles,  by  any  citizen,  association,  or  corporation  of  the 
United  States,  where  it  is  intended  by  such  to  exercise  the  use  per- 
mitted hereunder  or  any  one  or  more  of  the  purposes  herein  named: 
Provided,  That  such  permit  shall  be  allowed  within  or  through  any 
of  said  parks  or  any  forest,  military,  Indian,  or  other  reservation  only 
upon  the  approval  of  the  chief  officer  of  the  department  under  whose 
supervision  such  park  or  reservation  falls  and  upon  a  finding  by  him 
that  the  same  is  not  incompatible  with  the  public  interest:  Provided 
further.  That  all  permits  given  hereunder  for  telegraph  and  tele- 
phone purposes  shall  be  subject  to  the  provision  of  title  65  of  the 
Revised  Statutes  of  the  United  States,  and  amendments  thereto, 
regulating  rights  of  way  for  telegraph  companies  over  the  public 
domain:  And  provided  further,  That  any  permission  given  by  the 
Secretary  of  the  Interior  under  the  provisions  of  this  act  may  be 
revoked  by  him  or  his  successor  in  his  discretion,  and  shall  not  be 
held  to  confer  any  right,  or  easement,  or  interest  in,  to,  or  over  any 
pubhc  land,  reservation,  or  park. 

See  Act  of  Jan.  21,  1895,  2,  Supp.  R.  S.  367. 
Act  of  May  11,  ms,  2,  Supp.  R.  S.  751. 
Act  of  Mar.  3,  1899,  2,  Supp.  R.  S.  1002. 

33  STAT.  628,  FEBRUARY  1,  1905. 

FOREST  RESERVATIONS— MUNICIPAL  AND  MINING  PURPOSES. 

AN  ACT  Providing  for  the  transfer  of  forest  reserves  from  the  Department  of  the 
Interior  to  the  Department  of  Agriculture. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  4.  That  rights  of  way  for  the  construction  and  maintenance 
of  dams,  reservoirs,  water  plants,  ditches,  flumes,  pipes,  tunnels, 


RIGHTS  OF  WAY,  PP.  1188-1193. 


1193 


and  canals,  within  and  across  the  forest  reserves  of  the  United  States, 
are  hereby  granted  to  citizens  and  corporations  of  the  United  States 
for  municipal  or  mining  purposes,  and  for  the  purposes  of  milling 
and  reduction  of  ores,  during  the  period  of  their  beneficial  use,  under 
such  rules  and  regulations  as  may  be  prescribed  by  the  Secretary  of 
the  Interior,  and  subject  to  the  laws  of  the  State  or  Territory  in  which 
said  reserves  are  respectively  situated. 

a.  rights  of  way  in  forest  reserves. 

1.  Limitations  on  use  of  privilege. 

2.  Application  of  act  to  mining  property. 

1.  limitations  on  use  of  privilege. 

This  act  was  evidently  drawn  in  the  interest  of  municipalities  and  miners,  and  the 
limitations  upon  the  use  of  the  privileges  granted  are  such  as  to  warrant  especial 
scrutiny  of  the  purposes  of  the  projectors  of  the  enterprise  before  giving  approval  to 
an  application  filed  under  the  act. 

Northern  California  Power  Co.,  In  re,  37  L.  D.  80,  p.  81. 

The  uses  to  which  the  right  of  way  granted  under  this  section  may  be  applied  are 
limited  to  municipal  and  mining  purposes,  including  the  milling  and  reduction  of  ore 
and  the  right  can  be  enjoyed  during  the  period  of  their  beneficial  use. 

Northern  California  Power  Co.,  In  re,  37  L.  D.  80,  p.  81. 

2.  APPLICATION  OF  ACT  TO  MINING  PROPERTY. 

"WTiere  a  privilege  sought  under  this  act  might  be  used  in  the  operation  of  mining 
property,  but  where  it  appears  that  this  use  would  be  incidental  merely  to  the  real 
purpose  of  the  projector,  the  application  should  be  rejected. 

Northern  California  Power  Co.,  In  re,  37  L.  D.  80,  p.  81. 
56974°— Bull.  94,  pt  2—15  24 


SALINES  AND  SALT  SPRINGS. 


1  STAT.  464,  p.  466,  MAY  18,  1796. 

SURVEYOR  MUST  NOTE  MINES,  SALT  LICKS,  AND  SALT  SPRINGS. 

AN  ACT  Providing  for  the  sale  of  the  lands  of  the  United  States,  in  the  territory  north- 
west of  the  river  Ohio,  etc. 

Be  it  enacted,  etc.,    *  * 

Sec.  2.  Be  it  further  enacted,  *  *  *  Every  surveyor  shall 
note  in  his  field  book  the  true  situations  of  all  mines,  salt  licks,  salt 
springs,  and  mill  sites,  which  shall  come  to  his  knowledge;  all  water- 
courses, over  which  the  line  he  runs  shall  pass;  and  also  the  quality 
of  the  lands.    *    *  * 

Sec.  3.  Be  it  further  enacted.  That  a  salt  spring  lying  upon  a  creek 
which  empties  into  the  Scioto  River,  on  the  east  side,  together  with 
as  many  contiguous  sections  as  shall  be  equal  to  one  township,  and 
every  other  salt  spring  which  may  be  discovered,  together  with  the 
section  of  one  mile  square  which  includes  it,  and  also  four  sections  at 
the  center  of  each  township,  containing  each  one  mile  square,  shall 
be  reserved,  for  the  future  disposal  of  the  United  States;  but  there  shall 
be  no  reservations,  except  for  salt  springs,  in  fractional  townships, 
where  the  fraction  is  less  than  three-fourths  of  a  township. 

A.  SURVEYOR'S  DUTIES. 

B.  SALINES  RESERVED  FROM  SALE,  p.  1196. 

C.  SALT  SPRINGS  RESERVED  FROM  SALE,  p.  1196. 

D.  MINERAL  LOCATIONS  ON  AGRICULTURAL  LANDS— EFFECT, 
p.  1196. 

A.  SUnVEYOR'S  DUTIES. 

1.  Location  of  mines,  salt  springs,  etc.,  on  field  books. 

2.  Surveyor's  notation  of  mines — effect  as  evidence. 

1.  location  of  mines,  salt  springs,  etc.,  on  field  books. 

See  Lead  mines,  p.  1039. 
Reservations,  p,  1159. 
Settlers'  relief  acts,  p.  1215. 
State  and  public  grants,  p.  1239. 

This  act  requires  every  surveyor  to  note  in  his  field  book  the  true  situation  of  all 
mines,  salt  licks,  salt  springs,  and  mill  sites,  and  return  such  field  books  to  the  surveyor 
general,  who  shall  cause  a  plat  to  be  made. 

Cole  V.  Markley,  2  L.  D.  847,  p.  849. 

Winscott  V.  Northern  Pac.  R.  Co.,  17  L.  D.  274,  p.  276. 

Alabama,  In  re,  21  L.  D.  320,  p.  321. 

Lease  of  Mineral  Lands,  In  re,  4  Op.  Atty.  Genl.  480,  p.  484. 
1194 


SALINES  AND  SALT  SPRINCS,  PP.  1194-1214. 


1195 


By  this  act  every  surveyor  was  required  to  note  in  his  field  book  the  true  situation 
of  all  mines,  salt  licks,  salt  springs,  and  mill  sites  which  should  come  to  his  knowledge, 
and  all  these  were  reserved  for  future  disposition,  and  this  reservation  has  been  con- 
tinued by  later  acts. 

New  Mexico,  In  re,  35  L.  D,  1,  p.  5. 

This  act  requires  every  surveyor  to  note  in  his  field  book  the  true  situation  of  all 
mines  and  salt  licks,  and  salt  springs  on  these,  with  a  section  1  mile  square,  were 
reserved  for  future  disposition. 

Hall  V.  Litchfield,  2  C.  L.  O.  179. 

2.  surveyor's  NOTATION  OF  MINES  EFFECT  AS  EVIDENCE. 

These  notations  required  to  be  made  by  the  surveyor  in  his  field  book  are  only 
prima  facie  evidence  of  the  character  of  the  land  and  may  be  rebutted  by  satisfactory 
proof  that  it  is  in  fact  of  a  different  character. 

Cole  V.  Markley,  2  L.  D.  847,  p.  849. 
See  Robinson  v.  Forrest,  29  Cal.  321. 

Gold  Hill  Quartz  Min.  Co.  v.  Ish,  5  Oreg.  104. 

B.  SALINES  RESERVED  FROM  SALE. 

It  has  been  the  policy  of  the  Government  since  the  enactment  of  this  statute  to 
reserve  saline  lands  from  disposition  under  the  laws  regulating  the  sale  and  disposal  of 
the  public  lands. 

Morton  v.  Nebraska,  88  U.  S.  660,  p.  667 
Cole  V.  Markley,  2  L.  D.  847,  p.  848. 
Salt  Bluff  Placer,  In  re,  7  L  D.  549. 

Since  the  inauguration  of  the  land  system  under  this  act,  it  has  been  the  policy  of 
the  Government  to  reserve  saline  lands  from  disposition  under  laws  regulating  the 
disposal  of  the  public  lands. 

Eagle  Salt  Works  In  re,  5  C.  L.  O.  4. 

The  salines  were  not  hidden  as  mines  but  were  incrusted  with  salt  so  as  to  resemble 
snow-covered  lakes,  and  were  therefore  not  subject  to  preemption. 

New  Mexico,  In  re,  35  L.  D  1,  p.  6. 

Morton  v.  Nebraska,  88  U.  S.  (21  Wall.),  660,  p.  674. 

The  mere  notation  of  "saline"  on  the  surveyor's  plat  is  immaterial,  and  no  land 
but  that  in  fact  saline  is  reserved  from  agricultural  entry,  and  the  actual  character  of 
land  is  to  be  determined  by  proof 

Winscott  V.  Northern  Pac.  R.  Co.,  17  L.  D.  274,  p.  277. 
See  Robinson  v.  Forrest,  29  Cal.  318. 
Merrill  v.  Dixon,  15  Nev.  401. 

Morton  v.  Nebraska,  88  U.  S  (21  Wall  )  660,  p.  674. 

C.  SALT  SPRINGS  RESERVED  FROM  SALE. 

It  is  the  policy  of  the  Government  to  reserve  salt  springs  and  lands  from  sale. 

Morton  v.  Nebraska,  88  U.  S.  (21  Wall.)  660,  p.  667. 
Colorado,  In  re,  10  L.  D.  222,  p  224. 
Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  599. 
Hall  V.  Litchfield,  2  C.  L.  O.  179. 
Salt  Bluff  Placer,  In  re,  7  L.  D.  549. 

Lease  of  Mineral  Lands,  In  re,  4  Op.  Atty.  Gen.  480,  p.  484. 

The  condition  of  the  country,  the  lack  of  means  of  transportation,  and  the  necessities 
of  the  pioneers  caused  Congress  to  reserve  for  its  own  disposal  all  salt  springs  and  a 
tract  of  640  acres  surrounding  each,  and  this  policy  has  been  maintained  and  extended 
to  all  the  territories  successively. 

Alabama,  In  re,  21  L.  D.  320,  p.  321. 


1196  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


The  necessities  of  the  pioneers  caused  Congress  to  reserve  and  retain  for  disposition 
all  salt  springs  and  one  section  of  land  around  each  spring  for  the  use  and  benefit  of 
all  the  people  in  order  that  salt  might  be  as  free  as  air  and  water,  and  this  policy  has 
been  steadfastly  maintained. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  6. 

The  phrase  "all  salt  springs  within  the  said  Territory  and  the  lands  reserved  for  the 
use  of  the  same"  has  had  a  fixed  and  definite  legislative  meaning  since  the  passage  of 
this  act. 

Alabama,  In  re,  21  L.  D.  320,  p.  321. 

The  salt  springs  within  the  tract  granted  to  Colorado  were  expressly  reserved  for  the 
future  disposal  of  the  United  States. 
Colorado,  In  re,  10  L.  D.  222,  p.  223. 

D.  MINERAL  LOCATIONS  ON  AGRICULTTJHAL  LANDS— EFFECT. 

Where  a  legal  mineral  location  has  been  made  on  land  returned  as  agricultural  the 
slight  presumption  in  favor  of  the  return  of  the  surveyor  general  is  ipso  facto  overcome, 
and  the  burden  of  proof  shifts  to  the  party  attacking  the  mineral  location. 

Northern  Pac.  R.  Co.  v.  Marshall,  17  L.  D.  545,  p.  546. 
See  McQuiddy  v.  California,  29  L.  D.  181. 

1  STAT.  490,  JUNE  1,  1796. 

SURVEYS  AND  RESERVATIONS. 

AN  ACT  Regulating  the  grants  of  land  appropriated  for  military  services,  and  for  the 
Society  of  the  United  Brethren,  etc. 

Be  it  enacted,  etc.,  That  the  surveyor  general  be,  and  he  is  hereby 
required,  to  cause  to  be  surveyed,  the  tract  of  land  beginning  *  *  * 
and  that  the  lands  above  described,  except  the  salt  springs  therein, 
and  the  same  quantities  of  land  adjacent  thereto,  as  are  directed  to 
be  reserved  with  the  salt  springs,  in  the  said  recited  act,  and  such 
tracts  within  the  boundaries  of  the  same,  as  have  been  heretofore 
appropriated  by  Congress,  be,  and  they  are  hereby,  set  apart  and 
reserved  for  the  purposes  hereinafter  mentioned. 

2  STAT.  73,  MAY  10,  1800. 

RESERVED  FROM  SALE  OF  PUBLIC  LANDS. 

AN  ACT  To  amend  the  act  intituled  "An  act  providing  for  the  sale  of  the  lands  of  the 
United  States,  in  the  territory  northwest  of  the  Ohio,  and  above  the  mouth  of  the 
Kentucky  River.    (1  Stat.  464). 

Be  it  enacted,  etc..  That  for  the  disposal  of  the  lands  of  the 
United  States,  directed  to  be  sold  by  the  act  intituled,  ^'An  act 
providing  for  the  sale  of  the  lands  of  the  United  States,  in  the  terri- 
tory northwest  of  the  Ohio,  and  above  the  mouth  of  the  Kentucky 
Kiver,"  there  shall  be  four  land  offices  established  in  the  said 
territory:    *    *  * 

Sec.  4.  And  be  it  further  enacted.  That  the  lands  thus  subdivided 
(excluding  the  sections  reserved  by  the  above-mentioned  act)  shall 
be  offered  for  sale  in  sections  and  half  sections,  subdivided  as  before 
directed  at  the  following  places  and  times,  that  is  to  say:    *    *  '  * 

Sec.  15.  And  be  it  further  enacted.  That  the  lands  of  the  United 
States  reserved  for  future  disposition,  may  be  let  upon  leases  by  the 
surveyor  general,  in  sections  or  half  sections,  for  terms  not  exceeding 
seven  years,  on  condition  of  making  such  improvements  as  he  shaU 
deem  reasonable.    *    *  * 


SALINES  AND  SALT  SPRINGS,  PP.  1194-1214. 


1197 


A.  SALT  SPRINGS  AND  SALINES. 

1.  Reservations  continued. 

2.  Leasing  provisions  include  lead  mines  and  salt  springs. 

1.  reservations  continued. 

This  act  continues  the  reservation  provided  for  by  the  act  of  May  18,  1796  (1  Stat. 
464),  and  authorizes  sales  to  be  made  of  the  public  lands  by  the  register  and  receiver, 
excluding  the  sections  reserved  by  the  former  act. 

Hall  V.  Litchfield,  2  C.  L.  O.  179. 

This  section  (4)  excludes  from  sale  the  lands  reserved  by  the  act  of  1796. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  599. 

This  act  recognizes  the  reservation  from  sale  of  salt  springs. 

Lease  of  Mineral  Lands,  In  re,  4  Op.  Atty.  Genl.  480,  p.  488. 

2.  LEASING  PROVISIONS  INCLUDE  LEAD  MINES  AND  SALT  SPRINGS. 

The  provision  reserving  for  future  disposition  and  leasing  in  this  section  (15)  in- 
cludes lead  mines  or  salt  springs. 
Lease  of  Mineral  Lands,  In  re,  4  Op.  Atty.  Gen.  480,  p.  484. 

2  STAT.  235,  MARCH  3,  1803. 

WORKING  SALT  SPRINGS— WABASH  RIVER. 
AN  ACT  Concerning  the  salt  springs  on  the  Wabash  River. 

Be  it  enacted,  etc.,  That  for  the  purpose  of  procuring  articles 
necessary  to  the  estabhshment  of  salt  works  at  the  springs  near  the 
Wabash  River,  which  have  been  ceded  to  the  United  States,  by  cer- 
tain Indian  tribes,  the  sum  of  $3,000  be,  and  the  same  is  hereby 
appropriated,  to  be  paid  out  of  any  unappropriated  money  in  the 
Treasury  and  under  the  direction  of  the  President  of  the  United 
States,  who  is  hereby  authorized  to  cause  the  said  springs  to  be 
worked  at  the  expense  of  the  United  States;  or,  if  he  shall  deem  it 
more  proper,  to  lease  the  same  for  a  term  not  exceeding  three  years, 
on  such  conditions  as  will  insure  the  working  the  same  most  exten- 
sively, and  to  the  most  advantage  to  the  United  States. 

2  STAT.  445,  MARCH  3,  1807. 

WORKING  SALT  SPRINGS  AND  LEAD  MINES  PROHIBITED— LEASE  FOR 

WORKING. 

AN  ACT  To  prevent  settlements  being  made  on  lands  ceded  to  the  United  States. 

Be  it  enacted,  etc.,  That  if  any  person  or  persons  shall,  after  the 
passing  of  this  act,  take  possession  of,  or  make  a  settlement  on  any 
lands  ceded  or  secured  to  the  United  States,  by  any  treaty  made  with 
a  foreign  nation,  or  by  a  cession  from  any  State  to  the  United  States, 
which  land  shall  not  have  been  previously  sold,  ceded,  or  leased  by 
the  United  States,  or  the  claim  to  which  lands,  by  such  person  or 

Eersons,  shall  not  have  been  previously  recognized  and  confirmed 
y  the  United  States    *    *    *^    guch  offender  or  offenders,  shall  for- 


1198  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


feit  all  his  or  their  right,  title,  and  claim,  if  any  he  hath,  or  they  have, 
of  whatsoever  nature  or  kind  the  same  shall  or  may  be  to  the  lands 
aforesaid.    *    *  * 

Sec.  2.  And  be  it  further  enacted,  etc..  That  any  person  or  persons 
who,  before  the  passing  of  this  act,  had  taken  possession  of,  occupied, 
or  made  a  settlement  on  any  lands  ceded  or  secured  to  the  United 
States,  *  *  *  may  at  any  time  prior  to  the  1st  day  of  January 
next,  apply  to  the  proper  register  or  recorder  *  *  *^  stating 
the  tract  or  tracts  of  land  thus  occupied,  settled,  and  inhabited  by 
such  applicant  or  applicants,  and  requesting  permission  to  continue 
thereon  *  *  *  and  provided  also  that  in  all  cases  where  the  tract 
of  land  applied  for,  includes  either  a  lead  mine  or  salt  spring,  no  per- 
mission to  work  the  same  shall  be  granted  without  the  approbation 
of  the  President  of  the  United  States,  who  is  hereby  authorized  to 
cause  such  mines  or  springs  to  be  leased  for  a  term  not  exceeding 
three  years,  and  on  such  conditions  as  he  shall  think  proper. 

A.  LEASING  LEAD  MINES— TERM. 

See  2  Stat.  448,  p.  1243. 

The  only  difference  between  this  chapter  and  chapter  49  is  that  under  the  former 
leases  for  lead  mines  are  limited  to  three  years  and  under  the  latter  to  five  years. 
Lead  Mines,  In  re,  2  Op.  Atty.  Genl.  708. 

This  section,  taken  in  connection  with  all  the  provisions  of  the  laws  in  relation  to 
mines  and  salines  from  the  ordinance  of  1785  and  the  act  of  1796,  clearly  vests  in  the 
President  a  general  authority  to  lease  lead  mines. 

Lease  of  Lead  Mines,  In  re,  4  Op.  Atty.  Genl.  93. 

3  STAT.  211,  FEBRUARY  17,  1815. 

LEAD  MINES  AND  SALT  SPRINGS  EXCEPTED  FROM  LIEU  LANDS. 

AN  ACT  For  the  relief  of  the  inhabitants  of  the  county  of  New  Madrid,  Missouri, 
who  suffered  by  earthquakes. 

Be  it  enacted,  etc.,  That  any  person  or  persons  owning  lands  in 
the  county  of  New  Madrid,  in  the  Missouri  Territory,  with  the  ex- 
tent the  said  county  had  on  the  10th  day  of  November,  1812,  and 
whose  lands  have  been  materially  injured  by  earthquakes,  shall  be, 
and  they  hereby  are,  authorized  to  locate  the  like  quantity  of  land  on 
any  of  the  public  lands  of  the  said  Territory,  the  sale  of  which  is  au- 
thorized by  law:  Provided,  That  no  person  shall  be  permitted  to 
locate  a  greater  quantity  of  land  under  this  act,  than  the  quantity 
confirmed  to  him,  except  the  owners  of  lots  of  ground  or  tracts  of 
land  of  less  quantity  than  160  acres,  who  are  hereby  authorized  to 
locate  and  obtain  any  quantity  of  land  not  exceeding  160  acres,  nor 
shall  any  person  be  entitled  to  locate  more  than  640  acres,  nor  shaU 
any  such  location  include  any  lead  mine  or  salt  spring.    *    *  * 

A.  NEW  MADRID  CERTIFICATE— RIGHTS  OF  HOLDER. 

On  proper  showing  the  recorder  of  New  Madrid  County  issued  a  certificate  to  a  per- 
son whose  land  was  materially  injured  or  destroyed  hy  the  earthquakes,  and  the  holder 
of  any  such  certificate,  called  New  Madrid  certificate,  was  authorized  to  use  such  cer- 
tificate for  the  location  of  a  tract  of  land  equal  in  size  or  not  exceeding  160  acres  on 


SALINES  AND  SALT  SPRINGS,  PP.  1194-1214. 


1199 


any  public  land  subject  to  sale,  lands  containing  salines  and  lead  mines  excoi)ted; 
and  at  the  same  time  the  title  to  the  land  so  injured  or  destroyed  reverted  to  the  United 
States. 

Stoddard  v.  Chambers.  43  U.  S.  (2  How.)  284,  p.  317. 
Barry  v.  Gamble,  44  U.  S.  32,  p.  53. 
Mackay  v.  Easton,  86  U.  S.  (19  Wall.)  619,  p.  633. 
Hot  Springs  Cases,  In  re,  92  U.  S.  698,  p.  712. 
See  Morton  v.  Nebraska,  88  U.  S.  (21  Wall.)  660,  p.  668. 
Cady  V.  Eighmey,  54  Iowa  615,  p.  618. 

3  STAT.  256,  MARCH  5,  1816. 

BOUNTIES  TO  CANADIAN  VOLUNTEERS. 
AN  ACT  Granting  bounties  in  land  and  extra  pay  to  certain  Canadian  volunteers. 

Be  it  enacted,  etc.,  That  all  such  persons  as  had  been  citizens  of 
the  United  States  anterior  to  the  late  war,  and  were  at  its  commence- 
ment inhabitants  of  the  Province  of  Canada,  and  who,  during  the 
said  war,  joined  the  armies  of  the  United  States  as  volunteers,  and 
were  slain,  died  in  service,  or  continued  therein  till  honourably  dis- 
charged, shall  be  entitled  to  the  following  quantities  of  land,  respec- 
tively. *  *  *  And  it  shall  be  lawful  for  the  said  persons  to  locate 
their  claims  in  quarter  sections,  upon  any  of  the  unappropriated 
lands  of  the  United  States,  within  the  Indiana  Territory,  which  shall 
have  been  surveyed  prior  to  such  location,  with  the  exception  of  salt 
springs,  and  lead  mines  therein,  and  of  the  quantities  of  land  adjacent 
thereto,  which  may  be  reserved  for  the  use  of  the  same,  by  the  Presi- 
dent of  the  United  States.    *    *  * 

A.  SALT  SPRINGS  AND  LEAD  MINES  EXEMPTED. 

The  bounty  lands  granted  by  this  act  exempts  from  location  salt  springs  and  lead 
mines  and  the  quantities  of  land  adjacent  thereto  which  may  be  reserved  by  the 
President. 

Lease  of  Mineral  Lands,  In  re,  4  Op.  Atty.  Genl.  480,  p.  488. 

3  STAT.  296,  APRIL  24,  1816. 

LEASE  OF  SALINES  ON  WABASH  RIVER. 
AN  ACT  Authorizing  the  President  to  lease  the  saline  near  the  Wabash  River. 

Be  it  enacted,  etc..  That  the  President  of  the  United  States  be, 
and  he  is  hereby,  authorized  to  lease  the  United  States  saline  near 
the  Wabash  River  for  a  term  not  exceeding  7  years  from  and  after 
the  end  of  the  present  term,  on  such  concntions  as  will  insure  the 
working  the  same  most  extensively  and  most  advantageously  to  the 
United  States. 

4  STAT.  451,  MARCH  2,  1831. 

SALT  SPRINGS  RESERVED— ILLINOIS. 

AN  ACT  For  the  sale  of  the  lands  in  Illinois  reserved  for  the  use  of  the  salt  springs 

on  the  Vermilion  River. 

Be  it  enacted,  etc.,  That  the  State  of  Illinois  shall  be,  and  is 
hereby,  authorized  and  empowered  to  cause  to  be  sold  and  conveyed, 
in  such  manner  and  on  such  terms  and  conditions  as  the  legislature 


1200  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

of  said  State  has  or  may  direct,  the  whole  or  any  part  of  the  lands 
reserved  and  set  apart  by  the  President  of  the  United  States,  on  the 
29th  day  of  March,  1825,  for  the  use  of  the  salt  works  on  the  Ver- 
milion- River,  in  said  State,  and  to  apply  the  proceeds  of  such  sale 
to  such  objects  as  the  legislature  of  said  State  has  or  may  direct. 

4  STAT.  505,  APRIL  20,  1832. 

LEASE  OF  SALT  SPRINGS— ARKANSAS. 
AN  ACT  Authorizing  the  governor  of  the  Territory  of  Arkansas  to  lease  salt  springs. 

Be  it  enacted,  etc.,  That  the  salt  springs  lying  on  the  Washita  River, 
on  Little  River,  and  on  Saline  Creek,  in  said  Territory  of  Arkansas, 
together  with  as  many  contiguous  sections  to  each  of  said  springs  as 
shall  be  equal  to  one  township,  and  every  other  salt  spring  which 
may  be  discovered  in  said  Territory,  with  the  section  of  one  mile 
square  which  includes  it,  shall  be  reserved  for  the  future  disposal  of 
the  United  States,  and  shall  not  be  liable  to  be  entered,  located,  or 
appropriated  for  any  other  purpose  whatever. 

Sec.  2.  And  be  it  further  enacted.  That  the  governor  of  said  Ter- 
ritory shall  be,  and  is  hereby,  authorized  to  let  out  or  lease  said 
springs,  for  a  term  not  exceeding  five  years;  and  the  rents  and  profits 
arising  from  said  springs  shall  be  applied,  by  the  legislature  of  said 
Territory,  to  the  opening  and  improving  such  roads  in  said  Territory, 
as  said  legislature  may  direct,  and  to  no  other  purpose  whatsoever. 

Sec.  3.  And  be  it  further  enacted.  That  the  hot  springs  in  said 
Territory,  together  with  four  sections  of  land  including  said  springs, 
as  near  the  center  thereof  as  may  be,  shall  be  reserved  for  the  future 
disposal  of  the  United  States,  and  shall  not  be  entered,  located,  or 
appropriated,  for  any  other  purpose  whatever. 

A.  SALT  SPRINGS  IN  ARKANSAS— LEASING. 

By  this  act  the  governor  of  the  Territory  of  Arkansas  is  authorized  to  lease  the  salt 
springs  in  that  Territory. 

Lease  of  Mineral  Lands,  In  re,  4  Op.  Atty.  Genl.  480,  p.  488. 

5  STAT.  453,  SEPTEMBER  4,  1841. 

SALINES  AND  MINES  EXCEPTED  FROM  PREEMPTION  RIGHTS. 

AN  ACT  To  appropriate  the  proceeds  of  the  sales  of  the  public  lands,  and  to  grant 

preemption  rights. 

Be  it  enacted,  etc.    *    *    *    (p.  455). 

Sec.  10.  And  be  it  further  enacted,  *  *  *.  No  lands  included  in 
any  reservation,  by  any  treaty,  law,  or  proclamation  of  the  President  of 
the  United  States,  or  reserved  for  salines,  or  for  other  purposes ;  no  lands 
reserved  for  the  support  of  schools,  nor  the  lands  acquired  by  either  of 
the  two  last  treaties  with  the  Miami  Tribe  of  Indians  in  the  State  of 
Indiana,  or  which  may  be  acquired  of  the  Wyandot  Tribe  of  Indians 
in  the  State  of  Ohio,  or  other  Indian  reservation  to  which  the  title 
has  been  or  may  be  extinguished  by  the  United  States  at  any  time 
during  the  operation  of  this  act;  no  sections  of  land  reserved  to  the 
United  States  alternate  to  other  sections  granted  to  any  of  the  States 
for  the  construction  of  any  canal,  railroad,  or  other  public  improve- 


SALINES  AND  SALT  SPRTNCS,  PP.  1194-12U. 


1201 


ment;  no  sections  or  fractions  of  sections  included  within  the  limits 
of  any  incorporated  town ;  no  portions  of  the  pubhc  lands  which  have 
been  selected  as  the  site  for  a  city  or  town;  no  parcel  or  lot  of  land 
actually  settled  and  occupied  for  the  purposes  of  trade  and  not 
agriculture;  and  no  lands  on  which  are  situated  any  known  salines  or 
mines,  shall  be  liable  to  entry  under  and  by  virtue  of  the  provisions 
of  this  act.    *    *  * 

A.  CONSTRUCTION  AND  PURPOSE  OF  ACT. 

B.  MINERAL  AND  SALINE  LAWS. 

C.  STATE  SELECTIONS— WHAT  CONSTITUTES. 

A.  CONSTRUCTION  AND  PURPOSE  OF  ACT. 

See  13  Stat.  47,  p.  1272. 

This  act,  providing  that  no  preemption  entry  should  be  made  on  land  on  which  are 
situated  any  known  salines  or  mines,  was  the  first  enactment  making  any  reference 
to  minerals  on  the  public  land. 

MuUan  v.  United  States,  118  U.  S.  271,  p.  277. 

This  was  the  first  act  making  any  distinction  between  mineral  and  agricultural 
lands,  and  it  contains  the  regulations  as  to  the  manner  of  entering  public  lands  and 
disposing  of  them  by  private  sale,  but  expressly  reserves  from  preemption,  lands 
known  as  salines  or  mines,  but  does  not  repeal  the  enabling  act  for  Alabama  or  affect 
the  right  of  the  State  to  the  16th  section  or  to  the  lieu  lands. 

Alabama,  In  re,  6  L.  D.  493,  p.  497. 

This  act  relating  to  the  precious  metals  or  minerals  in  public  lands  continued  with 
its  limitations  and  restrictions  until  Congress  passed  a  general  act  introducing  a  new 
method  of  disposition  of  mineral  lands. 

Alabama,  In  re,  6  L.  D.  493,  p.  500. 

B.  MINERAL  AND  SALINE  LAWS. 

1.  Meaning  and  application. 

2.  Reservation. 

3.  Salines  excepted  from  sale  or  preemption. 

4.  Mineral  springs  not  excepted. 

5.  Subsequent  discoveries — effect. 

1.  meaning  and  APPLICATION. 

Saline  lands  are  mineral  lands. 

Garrard  v.  Silver  Peak  Mines,  94  Fed.  983,  p.  989. 
See  Morton  v.  Nebraska,  88  U.  S.  (21  Wall.)  660. 
Kansas  City  Min.,  etc.,  Co.  v.  Clay,  3  Ariz.  326. 

Salt  mines  of  rock  salt,  mineral  springs,  salt  springs,  salt  beds,  and  salt  rock  all 
come  within  the  meaning  of  the  general  term  "salines." 
Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  603. 

The  term  "mineral  lands"  is  one  of  broader  significance  than  the  words  "lands 
on  which  are  situated  any  known  salines  or  mines "  and  the  former  refers  to  a  class 
of  lands  rather  than  specific  tracts  easily  ascertainable  not  only  by  the  Land  Depart- 
ment but  by  the  applicants  themselves. 

Old  Dominion  Copper  Min.,  etc.,  Co.  v.  Haverly,  11  Ariz.  241,  p.  254. 
See  Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20. 


1202  UNITED  STATES  MINllTG  STATUTES  ANNOTATED. 


The  term  ''salines,"  as  used  by  Congress,  includes  not  only  salt  springs  but  all  salt 
lands  of  every  character,  and  Congress  extended  the  provisions  of  the  earlier  acts  so 
as  to  conform  the  statute  to  meet  the  condition  of  the  country  in  respect  to  salt  in 
the  light  of  the  discovery  of  salty  formations  in  Nebraska,  Kansas,  and  elsewhere. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  600. 

2.  RESERVATION. 

All  saline  lands  are  reserved  from  sale  whether  marked  on  the  plat  of  the  surveyor 
general  as  such  or  not. 

Morton  v.  Nebraska,  88  U.  S.  660. 
Cole  V.  Markley,  2  L.  D.  847,  p.  851. 

See  Scofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  222. 

Under  the  settled  policy  of  the  Government  to  reserve  salt  lands  and  salines  from 
settlement  or  entry  as  mineral  lands  deposits  of  rock  salt  are  not  subject  to  entry  as 
mineral  lands. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597. 

This  statute,  providing  for  the  entry  and  purchase  of  vacant  public  lands,  expressly 
excepted  known  salines  or  mines  and  does  not  necessarily  except  salt  springs  and 
minerals  of  the  metallic  class  only. 

Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233,  p.  237. 

This  section  is  intended  to  be  read  and  construed  in  connection  with  the  general 
reservation  of  mineral  lands  contained  in  the  mining  statutes  which  declare  that 
lands  valuable  for  minerals  shall  be  reserved  from  sale  except  as  provided  by  law. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  47. 

There  are  no  coal  lands  as  such  mentioned  in  the  act  of  1841,  hence  coal  lands  have 
by  legislative  definition  of  the  term  "mines"  been  excluded  from  sale  or  selection 
otherwise  than  as  provided  in  the  statute,  and  coal  lands  are  included  in  the  term 
"mineral  lands." 

United  States  v.  MuUan,  10  Fed.  785,  p.  789. 

3.  SALINES  EXCEPTED  FROM  SALE  OR  PREEMPTION. 

This  statute  and  10  Stat.  244  and  12  Stat.  409  all  reserve  from  sale  or  preemption 
lands  containing  minerals  or  upon  which  are  situated  any  known  salines. 

Deffeback  v.  Hawke,  115  U.  S.  392,  p.  402. 
United  States  v.  Mullan,  10  Fed.  785,  p.  787. 
Alabama,  In  re,  6  L.  D.  493,  p.  497. 
Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  599. 
Schofield  Patent,  In  re,  Copp's  Min.  Dec.  17. 

This  statute  applies  only  to  any  known  salines  or  mines  and  these  are  not  subject 
to  preemption,  and  in  this  respect  the  statute  differs  from  other  statutes  reserving 
salt  springs  and  salines. 

Morton  v.  Nebraska,  88  U.  S.  660,  p.  674. 

See  Deffeback  v.  Hawke,  115  U.  S.  392,  p.  401. 

United  States  v.  San  Pedro,  etc.,  Co.,  4  N.  Mex.  225,  p.  294. 

The  statute  of  1841  expressly  excludes  from  preemption  or  sale  all  lands  containing 
any  known  mines,  and  there  is  no  jurisdiction  or  power  in  any  officer  of  the  Govermnent 
to  grant  such  lands. 

United  States  v.  Mullan,  10  Fed.  785,  p.  788. 

A  desert  land  entry  will  not  be  allowed  of  land  on  the  margin  of  the  Great  Salt  Lake 
and  which  are  not  susceptiole  of  reclamation  and  are  chiefly  valuable  for  the  saline 
deposits. 

Jeremy  v.  Thompson,  20  L.  D.  299. 


SALINES  AND  SALT  SPRINGS,  TP.  1104-1214.  1203 


A  patent  issued  for  lands  on  which  there  are  situated  known  Kuliiu^H  or  mines,  under 
the  provisions  of  this  statute,  is  void. 

Morton  v.  Nebraska,  88  U.  S.  CGO,  p.  G74. 
See  Garrard  v.  Silver  Peak  Mines,  82  Fed.  578,  p.  588. 
Hermocilla  v.  Hubbell,  89  Cal.  5. 

4,  MINERAL  SPRINGS  NOT  EXCEPTED. 

Lands  containing  mineral  springs  not  of  a  saline  character  are  subject  to  sale  under 
the  general  laws  and  not  under  the  acts  relating  to  the  sale  of  mineral  lands. 
Pagosa  Springs,  In  re,  1  L.  D.  562. 

5.  SUBSEQUENT  DISCOVERIES — EFFECT. 

Any  change  in  the  conditions  occurring  subsequently  to  the  sale  whereby  discoveries 
of  salines  or  mines  are  made  upon  the  land  can  not  affect  the  title  as  it  passed  at  the  time 
of  the  sale. 

Colorado  Coal  &  Iron  Co.  v.  United  States,  123  U.  S.  307,  p.  328. 
Deffeback  v.  Hawke,  115  U.  S.  392,  p.  411. 
Miner,  In  re,  9  L.  D.  408,  p.  411. 

C.  STATE  SELECTIONS— WHAT  CONSTITUTES. 

The  making  of  a  selection  of  lands  by  a  State  under  this  act  and  placing  it  on  the 
files  of  the  Land  Office,  though  not  signed  by  the  register,  is  prima  facie  a  filing,  and  if 
approved  the  title  vests  in  the  State  from  the  date  of  such  filing. 

Ison  V.  Nelson  Min.  Co.,  47  Fed.  199. 
Brigham  City  v.  Rich,  34  Utah  130,  p.  141. 

5  STAT.  507,  AUGUST  16,  1842. 

SALINES  AND  SALT  SPRINGS  EXCEPTED  FROM  PREEMPTION  RIGHTS- 
IOWA. 

AN  ACT  To  grant  preemption  rights  to  settlers  on  the  Dubuque  claim  '*in  the 

Territory  of  Iowa." 

Be  it  enacted,  etc.,  That  the  lands  lying  in  the  county  of  Dubuque, 
in  the  Territory  of  Iowa,  heretofore  reserved  for  the  Dubuque  claim, 
so  called,  which  have  not  been  sold  by  the  United  States,  by  virtue 
of  the  acts  of  July  4,  1836,  and  March  3,  1837,  be,  and  the  same  are 
hereby,  declared  to  be  public  lands,  and  that  settlers  on  said  land, 
who  but  for  said  reservation  would  have  been  enabled  to  enter  the 
same  under  the  preemption  laws  of  June  19,  1834,  June  22,  1838, 
June  1,  1840,  or  September  4,  1841,  be,  and  they  are  hereby,  author- 
ized to  enter  the  same  at  $1.25  per  acre,  at  any  time  within  one  year 
after  the  date  of  this  act,  upon  complying  with  the  provisions  of 
either  of  said  acts  under  which  such  person  may  claim;  the  settlers 
under  the  earlier  law  being  entitled  to  the  preference  over  those 
under  a  subsequent  one:  Provided,  That  this  section  is  not  to  be 
regarded  as  extending  the  right  of  preemption  to  lands  reserved 
for  lead  mines,  salt  springs,  school  sections,  or  town  lots:  And 
provided  further,  That  should  the  said  claim  of  Dubuque  hereafter 
prove  valid,  compensation  to  the  claimants  shall  be  made  by  the 
United  States  in  other  public  lands  equal  in  quantity,  subject  to 
private  entry. 


1204 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


6  STAT.  161,  APRIL  16,  1816. 

SALE  OF  SALT  SPRINGS— OHIO. 
AN  ACT  To  authorize  the  Legislature  of  Ohio  to  sell  certain  land,  etc. 

Be  it  enacted,  etc.,  That  the  Legislature  of  the  State  of  Ohio  shall 
be,  and  are  hereby  authorized  and  empowered  to  cause  to  be  selected 
and  sold,  in  such  manner,  and  on  such  terms  and  conditions  as  they 
may  by  law  direct,  any  one  section  not  exceeding  the  quantity  of 
640  acres,  of  the  tract  of  land  of  6  miles  square,  reserved  for  the 
benefit  of  that  State,  at  the  Sciota  salt  springs:  Provided,  That  the 
section  so  selected  shall  not  include  the  said  salt  springs,  and  that 
the  money  arising  from  the  sale  of  the  aforesaid  section  shall  be 
applied  to  the  erection  of  a  courthouse,  or  other  pubhc  buildings, 
thereon,  for  the  use  of  the  county  of  Jackson,  in  said  State.    *    *  * 

6  STAT.  779,  MARCH  3,  1839. 

SALE  OF  SALT  LICK  RESERVATION— TENNESSEE. 

AN  ACT  For  the  relief  of  certain  settlers,  living  on  what  is  called  the  Salt  Lick 

Reservation,  etc. 

Be  it  enacted,  etc.,  That  the  State  of  Tennessee  be,  and  she  is 
hereby,  authorized  to  issue  grants,  and  perfect  titles,  to  the  vacant 
and  unappropriated  land  in  the  western  district  of  Tennessee,  which 
lies  within  a  tract  of  land  of  4  miles  square  upon  both  sides  of  Sandy 
River,  commonly  called  the  Salt  Lick  Reservation,  and  which  is 
described  in  the  fourth  article  of  the  treaty  of  Old  Town,  concluded 
October  19,  1818,  between  the  United  States  and  the  Chickasaw 
Nation  of  Indians,  etc. 

9  STAT.  181,  MARCH  3,  1847. 

SALE  OF  SALT  SPRINGS— ARKANSAS,  ILLINOIS,  AND  MICHIGAN. 

AN  ACT  To  give  the  consent  of  Congress  to  the  sale  of  certain  salt  spring  lands 
heretofore  granted  to  Michigan,  Illinois,  and  Arkansas. 

Be  it  enacted,  etc..  That  the  State  of  Michigan  shall  be,  and 
hereby  is,  authorized  and  empowered  to  sell,  in  such  manner  as  the 
legislature  of  said  State  shall  by  law  direct,  the  salt  spring  lands 
granted  to  said  State  for  its  use,  by  an  act  entitled  ''An  act  supple- 
mentary to  the  act  entitled  'An  act  to  establish  the  northern  bound- 
ary line  of  the  State  of  Ohio,  and  to  provide  for  the  admission  of 
the  State  of  Michigan  into  the  Union  on  certain  conditions,'" 
approved  June  23,  1836. 

Sec.  2.  That  the  State  of  Illinois  shall  be,  and  hereby  is,  authorized 
and  empowered  to  sell,  in  such  manner  as  the  legislature  of  said 
State  shall  by  law  direct,  the  whole  or  any  part  of  the  saline  lands 
lying  in  Jackson  County  in  said  State,  which  were  granted  to  the 
State  of  Illinois,  by  virtue  of  "An  act  to  enable  the  people  of  the 
Illinois  Territory  to  form  a  constitution  and  State  government,  and 
for  the  admission  of  such  State  into  the  Union  on  an  equal  footing 
with  the  original  States,"  approved  April  18,  1818. 

Sec.  3.  That  the  State  of  Arkansas  shall  be,  and  hereby  is,  author- 
ized to  sell,  in  such  manner  as  the  legislature  of  said  State  shaU  by 
law  direct,  the  whole  or  any  part  of  the  saline  lands,  granted  to  said 


SALINES  AND  SALT  SPRINGS,  PP.  1194-1214. 


1205 


State  by  virtue  of  an  act  sup])loinontary  to  the  act  entitled  ''An  act 
for  the  admission  of  the  State  of  Arkansas  into  the  Union  and  to 
provide  for  the  due  execution  of  the  laws  of  the  United  States  within 
the  same,  and  for  other  purposes,"  approved  June  23,  1836. 

Note.— The  sales  authorized  by  this  act  were  confirmed  to  the  State  of  Michigan  by  the  act  of 
August  25,  1852  (10  Stat,  30),  otherwise  unimportant. 

10  STAT.  15,  JULY  12,  1852. 

SALE  OF  SALINE  LANDS— INDIANA. 
AN  ACT  To  enable  the  Legislature  of  Indiana  to  dispose  of  unsold  saline  lands. 

Be  it  enacted,  etc..  That  so  much  of  the  act  of  Congress  entitled 
"An  act  to  authorize  the  Legislature  of  the  State  of  Indiana  to  sell 
and  convey  certain  lands  granted  to  said  State  for  the  use  of  the 
people  thereof,"  approved  July  3,  1832,  as  provides  that  said  lands 
shall  not  be  sold  for  less  price  than  (that)  at  which  the  public  lands 
are  sold,  be,  and  the  same  is,  hereby  repealed. 

10  STAT.  308,  JULY  22,  1854. 

MINERAL  LANDS  AND  SALINES  RESERVED— KANSAS,  NEBRASKA,  AND 

NEW  MEXICO. 

AN  ACT  To  establish  the  offices  of  surveyor  general  of  New  Mexico,  Kansas,  and 

Nebraska,  etc. 

Be  it  enacted,  etc.,  That  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate,  shall  be,  and  he  is  hereby,  authorized  to  ap- 
point a  surveyor  general  for  New  Mexico,    *    *  *^ 

Sec.  4.  And  be  it  further  enacted.  That  none  of  the  provisions  of 
this  act  shall  extend  to  the  mineral  or  school  lands,  salines,  miHtary 
or  other  reservations,  or  lands  settled  on  and  occupied  for  purposes 
of  trade  and  commerce,  and  not  for  agriculture,  etc. 

Sec.  8.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
surveyor  general,  under  such  instructions  as  may  be  given  by  the 
Secretary  of  the  Interior,  to  ascertain  the  origin,  nature,  character, 
and  extent  of  all  claims  to  lands  under  the  laws,  usages,  and  customs 
of  Spain  and  Mexico ;  and,  for  this  purpose,  may  issue  notices,  summon 
witnesses,  administer  oaths,  and  do  and  perform  all  other  necessary 
acts  in  the  premises.  He  shall  make  a  full  report  on  all  such  claims 
as  originated  before  the  cession  of  the  territory  to  the  United  States 
by  the  treaty  of  Guadalupe  Hidalgo,  of  1848,  denoting  the  various 
grades  of  title,  with  his  decision  as  to  the  vahdity  or  invalidity  of 
each  of  the  same  under  the  laws,  usages,  and  customs  of  the  country 
before  its  cession  to  the  United  States;  and  shall  also  make  a  report 
in  regard  to  all  pueblos  existing  in  the  territory,  showing  the  extent 
and  locality  of  each,  stating  the  number  of  inhabitants  in  the  said 
pueblos,  respectively,  and  the  nature  of  their  titles  to  tlie  land.  Such 
report  to  be  made  according  to  the  form  which  may  be  prescribed  by 
the  Secretary  of  the  Interior;  which  report  shall  be  laid  before  Con- 
gress for  such  action  thereon  as  may  be  deemed  just  and  proper,  with 
a  view  to  confirm  bona  fide  grants,  and  give  full  effect  to  the  treaty 
of  1848  between  the  United  States  and  Mexico;  and,,  until  the  final 
action  of  Congress  on  such  claims,  all  lands  covered  thereby  shall  be 


1206  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


reserved  from  sale  or  other  disposal  by  the  Government,  and  shall 
not  be  subject  to  the  donations  granted  by  the  previous  provisions 
of  this  act. 

Sec.  9.  And  be  it  further  enacted,  That  full  power  and  authority 
are  hereby  given  the  Secretary  of  the  Interior  to  issue  all  needful 
rules  and  regulations  for  fully  carrying  into  effect  the  several  pro- 
visions of  this  act. 

A.  CONSTRUCTION  AND  PURPOSE. 

B.  MINERAL  LANDS  NOT  SUBJECT  TO  PREEMPTION  OR  SETTLE- 
MENT, p.  1207. 

C.  GRANT  TO  KANSAS  AND  NEBRASKA,  p.  1207. 

D.  SURVEYOR  GENERAL— DUTIES,  p.  1208. 

A.  CONSTRUCTION  AND  PURPOSE. 

1.  Policy  as  to  minerals  and  salines. 

2.  Mineral,  saline,  and  school  lands  excepted. 

1.  policy  as  to  minerals  and  salines. 

This  statute  was  simply  a  declaration  of  the  policy  of  the  Government  to  reserve  its 
saline  deposits,  and  a  valid  entry  could  not  be  made  of  lands  containing  such  salines 
where  the  saline  deposits  had  been  noted  on  the  field  books  and  were  plainly  visible. 

Morton  v.  Nebraska,  88  U.  S.  660,  p.  669. 
See  S(^ofield,  In  re  (Cunningham  Claims),  41  L.  D.  176,  p.  222. 
Salt  Bluff  Placer,  In  re,  15  C.  L.  O.  244,  p.  245. 

The  intention  of  Congress  as  to  saline  reservations  is  to  be  found  in  the  unbroken 
line  of  policy  from  1795  to  the  date  of  this  act. 
Morton  v.  Nebraska,  88  U.  S.  (21  Wall.)  660,  p.  671. 

It  can  not  be  assumed,  without  an  express  declaration  to  that  effect,  that  Congress 
intended  by  this  act  to  permit  the  sale  of  salines  in  the  Territories  soon  to  be  organized 
into  States,  and  thus  subvert  a  long-established  policy  by  which  it  had  been  governed 
in  similar  cases. 

Morton  v.  Nebraska,  88  U.  S.  660,  p.  671. 
Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  600. 
Salt  Bluff  Placer,  In  re,  15  C.  L.  O.  244,  p.  245. 

An  intention  to  abandon  a  policy  in  reference  to  the  reservation  of  saline  prior  to  the 
date  of  this  act,  can  not  be  imputed  to  Congress  unless  the  act  admits  of  no  other 
construction. 

Morton  v.  Nebraska,  88  U.  S.  (21  Wall.)  660,  p.  669. 

Congress  was  so  particular  not  to  depart  from  its  policy  in  reserving  salines,  salt 
springs,  and  lead  mines  that  in  giving  lands  to  the  sufferers  of  the  iNew  Madrid  earth- 
quakes every  lead  mine  and  salt  spring  were  excluded  from  location  (3  Stat.  211). 

Morton  v.  Nebraska,  88  U.  S.  (21  Wall.)  660,  p.  668. 

The  purpose  of  the  proviso  is  to  be  found  in  the  situation  of  the  country  embraced 
in  the  Louisiana  purchase,  and  Congress  thought  proper  in  granting  the  salt  springs 
to  the  State  to  say  that  no  salt  spring  the  right  whereof  now  is  or  shall  be  confirmed  or 
adjudged  to  any  individual  shall  pass  to  the  State,  and  the  purpose  Congress  had  in 
view  is  to  be  found  in  the  unbroken  line  of  policy  in  reference  to  saline  reservations, 
and  to  perpetuate  this  policy  and  apply  equally  to  all  the  lands  in  Kansas,  Nebraska, 
and  New  Mexico,  as  authorized  by  this  act. 

Hall  V.  Litchfield,  2  C.  L.  O.  178. 
See  Hall  v.  Litchfield,  3  C.  L.  O.  196. 


SALINES  AND  SALT  Sl'RIN(JS,  PP.  1194-1214. 


1207 


2.  MINERAL,  SALINE,  AND  SCHOOL  LANDS  EXCEPTED. 

This  section  expressly  declares  that  none  of  the  provisions  of  the  act  extend  to  min- 
eral, school  lands,  or  salines. 
Morton  v.  Nebraska,  88  U.  S.  (21  Wall.)  660,  p.  670. 

This  act,  providing  for  the  disposition  of  public  lands,  expressly  states  that  none  cf 
the  provisions  of  the  act  shall  extend  to  mineral  or  school  lands,  salines,  military  or 
other  reservations. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  599. 

Lands  of  a  saline  character  are  expressly  provided  for  in  the  laws  relating  to  the 
disposition  of  the  public  lands. 
Pagosa  Springs,  In  re,  1  L.  D.  562. 

The  fact  that  section  4  of  this  act  did  reserve  salines  from  sale  is  evidenced  by  the 
act  of  March  3,  1857  (11  Stat.  186),  rearranging  the  land  districts  in  Nebraska,  and 
expressly  excepting  from  sale  such  lands  "as  may  have  been  reserved." 

Morton  v.  Nebraska,  88  U.  S.  (21  Wall.)  660,  p.  671. 

The  lands  included  in  the  treaty  with  Mexico  vesting  the  title  in  private  persons 
are  reserved  both  from  sale  and  from  exploration  and  location  by  mineral  claimants. 

Mandeville,  In  re,  8  C.  L.  O.  107. 

See  Lockhart  v.  Johnson,  181  U.  S.  516,  p.  521. 

B.  MINERAL  LANDS  NOT  SUBJECT  TO  PREEMPTION  OR  SETTLE- 
MENT. 

Mineral  lands  are  not  subject  to  preemption  or  private  entry,  but  are  reserved  for 
sale  in  accordance  with  mining  acts. 
Nerce  Valley,  In  re,  Copp's  Min.  Lands  187. 
Sioux  half-breed  script  can  not  be  located  on  mineral  lands. 
Nerce  Valley,  In  re,  Copp's  Min.  Lands  187. 

The  fact  that  lands  claimed  under  this  act  contain  minerals  would  disprove  the 
correctness  of  a  location  of  a  grant  of  agricultural  and  grazing  lands,  as  these  were  not 
locatable  upon  mineral  lands  and  mineral  lands  did  not  pass  under  the  grant. 

Tumacacori  and  Calabazas  Claim,  In  re,  16  C.  L.  O.  15,  p.  16. 
See  16  L.  D.  408. 

The  donations  to  settlers  contemplated  by  this  act  did  not  extend  to  mineral  and 
other  lands  reserved  from  settlement. 
United  States  v.  San  Pedro  &  Canon  del  Agua  Co.,  4  N.  Mex.  225,  p.  305. 

C.  GRANT  TO  KANSAS  AND  NEBRASKA. 

1.  SALINES  EXCEPTED. 

This  act  leaves  no  doubt  of  the  intention  of  Congress  to  extend  to  the  territory 
embraced  by  the  States  of  Kansas  and  Nebraska  the  same  system  that  had  been  applied 
to  the  rest  of  the  Louisiana  purchase  under  the  act  of  March  3,  1811  (2  Stat.  662). 

Morton  v.  Nebraska,  88  U.  S.  (21  Wall.)  660,  p.  669. 

The  Nebraska  enabling  act,  April  10,  1864  (13  Stat.  47),  is  further  evidence  that  this 
act  was  intended  to  reserve  salines. 
Morton  v.  Nebraska,  88  U.  S.  (21  Wall.)  660,  p.  671. 


1208  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


D.  SURVEYOR  GENERAL— DUTIES. 

See  p.  849. 

Congress  did  not  by  this  act  and  by  imposing  certain  duties  upon  the  Burveyor  general 
intend  to  create  an  independent  tribunal  outside  of  and  apart  from  the  General  Land 
Department;  and  while  the  surveyor  general  was  not  authorized  to  act  in  defiance 
or  independently  of  the  Land  Department,  he  was  charged  with  the  duty  of  making 
a  survey  and  location,  and  it  was  for  him  to  say  in  the  first  instance  whether  the  lands 
selected  and  by  him  surveyed  and  located  were  lands  vacant  and  nonmineral. 

Shaw  v.  Kellogg,  170  U.  S.  312,  p.  333. 
Baca  Float  No.  3,  In  re,  30  L.  D.  497,  p.  502. 
See  Baca  Float  No.  3,  In  re,  29  L.  D.  44. 

It  was  made  the  duty  of  the  surveyor  general  to  examine  the  various  claims  to  lands 
arising  under  the  laws,  usages,  and  customs  of  Spain  and  Mexico,  and  he  was  the 
officer  who,  by  virtue  of  his  duties,  was  most  competent  to  examine  and  pass  upon 
the  question  of  the  character  of  the  land  selected. 

Shaw  V.  Kellogg,  170  U.  S.  312,  p.  333. 
Baca  Float  No.  3,  In  re,  30  L.  D.  497,  p.  502. 
See  Baca  Float  No.  3,  In  re,  29  L.  D.  44. 

Under  authority  of  this  act  the  Commissioner  of  the  General  Land  Office  instructed 
the  surveyor  general  of  New  Mexico  to  collect  information  in  reference  to  the  laws 
of  the  country  as  to  minerals  and  ascertain  what  conditions  were  attached  to  grants 
of  land  embracing  mines  and  to  require  testimony  as  to  whether  the  tracts  claimed 
were  mineral  or  agricultural. 

United  States  v.  San  Pedro  &  Canon  del  Agua  Co.,  4  N.  Mex.  225,  p.  305. 

See  Lockhart  v.  Wills,  9  N.  Mex.  344,  p.  349. 

The  surveyor  general's  office  of  New  Mexico  was  not  established  to  convey  the  gold 
and  silver  mines  belonging  to  the  General  Government  or  even  to  recommend  their 
conveyance. 

United  States  v.  San  Pedro  &  Canon  del  Agua  Co.,  4  N.  Mex.  225,  p.  299. 

Congress  first  established  a  reservation  of  lands  embraced  within  this  grant  on  the 
report  of  the  surveyor  general  and  afterwards  repealed  the  reservation  and  the  section 
authorizing  it  and  provided  for  compensating  any  grant  claimant  for  any  lands  which 
the  Government  may  have  elected  to  sell  and  dispose  of  within  the  boundaries  of  the 
grant. 

Lockhart  v.  Wills,  9  N.  Mex.  344,  p.  351. 

Congress  by  this  and  the  act  of  March  1, 1861  (12  Stat.  887),  intended  to  confirm  to  the 
claimant  the  quantity  of  16  square  leagues  described  as  "4  leagues  square,  the  mine 
being  in  the  center,  and  the  boundaries  running  to  the  cardinal  points  and  contianing 
16  square  leagues." 

Ortez  Mine  Grant,  In  re,  3  C.  L.  O.  23,  p.  27. 
See  Lockhart  v.  Johnson,  181  U.  S.  516,  p.  521. 

11  STAT.  186,  MARCH  3,  1857. 

SALE  OF  PUBLIC  LANDS— NEBRASKA— SALINES  AND  SALT  SPRINGS 

EXCEPTED. 

AN  ACT  To  establish  three  additional  land  districts  in  the  Territory  of  Nebraska. 

Be  it  enacted,  etc.,  That  all  that  portion  of  the  Territory  of  Ne- 
braska at  present  included  in  the  Omaha  district,  which  Ues  south  of 
the  line  which  divides  townships  6  and  7  north,  extended  from  the 
Missouri  River  westward,  shall  constitute  an  additional  district, 
to  be  called  the    Nemaha  land  district";  all  said  Omaha  district 


SALINES  AND  SALT  SPRINCS,  PP.  1194-1214. 


1209 


which  is  situated  south  of  tlio  south  shore  or  right  ])aiik  of  the  Phitte 
Rivor,  and  north  of  the  said  township  hue,  botweoji  townships  0  and  7 
north,  shall  constitute  an  additional  land  district,  to  bo  called  the 
^^South  Platte  River  land  district";  and  all  that  portion  of  said 
Omaha  district  which  lies  north  of  the  sonth  boundary  of  the  ''Omaha 
Reserve,"  extended  westward,  being  idojitical  with  the  line  which 
divides  townships  23  and  24  north,  shall  constitute  an  additional 
laud  district,  to  be  called  the  ''Dahkota  land  district." 

Sec.  3.  And  be  it  further  enacted.  That  the  President  is  hereby 
authorized  to  cause  the  public  lands  in  said  districts,  with  the  ex- 
ception of  such  as  may  have  been  or  may  be  reserved  for  other  pur- 
poses, to  be  exposed  to  sale  in  the  same  manner  and  upon  the  same 
terms  and  conditions  as  other  public  lands  of  the  United 
States.    *    *  * 

A.  SALINES  RESERVED  FROM  SALE. 

This  act  is  regarded  as  an  additional  evidence  of  the  intention  of  Congress  to  reserve 
from  sale  saline  lands  according  to  the  provisions  of  the  act  of  July  22,  1854  (10  Stat. 
308). 

Morton  v.  Nebraska,  88  U.  S.  (21  Wall.)  660,  p.  671. 

19  STAT.  221,  JANUARY  12,  1877. 

SALE  OF  SALINE  LANDS. 
AN  ACT  Providing  for  the  sale  of  saline  lands. 

Be  it  enacted,  etc..  That  whenever  it  shall  be  made  appear  to 
the  register  and  receiver  of  any  land  office  of  the  United  States  that 
any  lands  v^ithin  their  district  are  saline  in  character,  it  shall  be  the 
duty  of  said  register  and  said  receiver,  under  the  regulations  of  the 
General  Land  Office,  to  take  testimony  in  reference  to  such  lands  to 
ascertain  their  true  character,  and  to  report  the  same  to  the  General 
Land  Office;  and  if,  upon  such  testimony,  the  Commissioner  of  the 
General  Land  Office  shall  find  that  such  lands  are  saline  and  incapable 
of  being  purchased  under  any  of  the  lav^s  of  the  United  States  relative 
to  the  public  domain,  then,  and  in  such  case,  such  lands  shall  be 
offered  for  sale  by  public  auction  at  the  local  land  office  of  the  dis- 
trict in  which  the  same  shall  be  situated,  under  such  regulations  as 
shall  be  prescribed  by  the  Commissioner  of  the  General  Land  Office, 
and  sold  to  the  highest  bidder  for  cash,  at  a  price  at  not  less  than  $1 .25 
per  acre;  and  in  case  said  lands  fail  to  sell  when  so  offered,  then  the 
same  shall  be  subject  to  private  sale,  at  such  land  office  for  cash, 
at  a  price  not  less  than  $1.25  per  acre,  in  the  same  manner  as  other 
lands  of  the  United  States  are  sold:  Provided,  That  the  foregoing 
enactments  shall  not  apply  to  any  State  or  Territory  which  has  not 
had  a  grant  of  salines  by  act  of  Congress,  nor  to  any  State  which  may 
have  had  such  a  grant,  until  either  the  grant  has  been  fully  satisfied, 
or  the  right  of  selection  thereunder  has  expired  by  efilux  of  time. 
But  nothing  in  this  act  shall  authorize  the  sale  or  conveyance  of  any 
title  other  than  such  as  the  United  States  has,  and  the  patents  issued 
shall  be  in  the  form  of  a  release  and  quitclaim  of  all  title  of  the 
United  States  in  such  lands. 

******* 

See  2329  R.  S.,  p.  507;  31  Stat.  745,  2  Supp.  1465,  p.  1213. 
56974°— Bull.  94,  pt  2—15  25 


1210 


UNITED  STATES  MINING  STATUTES  ANNOTATED, 


A.  SALINE  AND  SALT  LANDS. 

1.  Construction  of  act. 

2.  Provisions  for  disposal. 

3.  Policy  of  Government  as  shown  by  act. 

4.  Meaning  and  application  of  term. 

5.  Proviso  of  act — Application  to  States. 

6.  Reservation  from  agricultural  entry. 

7.  Sale — Method  and  terms. 

8.  Hearing  to  determine. 

1.  construction  of  act. 

This  act  does  not  repeal  or  otherwise  affect  the  act  of  February,  1859  (11  Stat.  334), 
and  the  two  acts  should  stand  together,  each  having  a  separate  field  in  which  to  operate 
and  providing  different  methods  of  acquiring  title  to  saline  lands 

Oregon  v.  Jones,  24  L.  D.  116,  p.  118. 

2.  provisions  for  disposal. 

No  authority  exists  for  the  disposal  of  saline  lands  or  salt  springs  belonging  to  the 
United  States  except  under  this  act,  and  it  has  been  the  policy  of  the  Government  from 
the  earliest  dates  to  reserve  all  salines  and  to  dispose  of  them  only  by  special  acts  of 
Congress. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  601. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  6. 

See  Salt  Bluff  Placer,  In  re,  7  L.  D.  549. 

With  the  exception  of  the  act  of  March  3,  1829  (4  Stat.  364),  this  act  was  the  first 
to  make  provision  for  the  general  disposition  and  marks  the  departure  from  the  Govern- 
ment policy  of  reserving  from  sale  all  lands  containing  salt  springs  and  deposits. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  4. 
See  Morton  v.  Nebraska,  88  U.  S.  660. 

This  act  created  an  exception  as  to  the  method  of  disposing  of  saline  lands. 

New  Mexico,  In  re,  31  L.  D.  389,  p.  390. 
Morton  v.  Nebraska,  88  U.  S.  (21  Wall.),  660. 
Salt  Bluff  Placer,  In  re,  7  L.  D.  549. 
Southwestern  Min.  Co.,  In  re,  14  L.  D.  597. 

Lands  chiefly  valuable  for  their  salt  deposits  are  not  subject  to  placer  entry,  but 
authority  for  their  disposal  exists  only  under  the  provisions  of  this  act. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  6. 

See  Salt  Bluff  Placer,  In  re,  7  L.  D.  549,  p.  552. 

At  the  time  of  the  passage  of  this  act  the  general  mining  laws  had  been  in  force  for 
nearly  five  years,  and  while  salt  belongs  to  the  mineral  kingdom,  yet  Congress  made 
no  specific  provision  for  the  sale  of  lands  which  were  saline  in  character. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  6. 

This  act  is  the  only  authority  for  the  disposal  of  saline  lands  or  salt  springs  belonging 
to  the  United  States,  and  the  policy  of  the  Government  has  been  to  reserve  all  salines 
and  to  dispose  of  them  by  specific  acts  of  Congress. 

Salt  Bluff  Placer,  In  re,  7  L.  D.  549. 

Prior  to  the  passage  of  this  act  the  Land  Department  had  no  authority  to  dispose  of 
salt  lands  or  salines  either  as  agricultural  or  mineral  lands. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  601. 
Hall  V.  Litchfield,  2  C.  L.  O.  179. 
See  Salt  Bluff  Placer,  In  re,  7  L.  D.  549. 
Morton  v.  Nebraska,  88  U.  S.  660. 


SALINES  AND  SALT  SPRINGS,  PP.  1194-1214. 


1211 


Thia  act  does  not  miiko  all  .salt  laiulH  HubjVict  to  itw  i)roviHionH,  but  only  wlion  it  Hhall 
be  made  to  appear  to  certain  oflicers  that  lands  are  saline  in  character,  a  sale  shall  be 
had,  but  if  a  selection  has  been  made  by  a  State  under  other  statutes  before  the 
character  of  the  lands  have  been  shown  there  can  be  no  sale. 

Colorado,  In  re,  10  L.  D.  222,  p.  228. 

3.  POLICY  OF  GOVERNMENT  AS  SHOWN  BY  ACT. 

At  the  time  of  the  enactment  of  this  statute  Congress  did  not  consider  saline  lands 
as  subject  to  sale  or  entry  or  as  capable  of  being  purchased  under  any  laws  of  the  United 
States  relative  to  the  public  domain,  and  the  act  is  a  recognition  on  the  part  of  Congress 
of  the  policy  of  the  Government  in  relation  to  the  reservation  of  saline  lands. 

Salt  Bluff  Placer,  In  re,  7  L.  D.  549,  p.  552. 

This  statute  indicates  a  change  to  some  extent  in  the  policy  of  the  Government  in 
dealing  with  salt  springs  and  lands  that  are  saline  in  character. 
Colorado,  In  re,  10  L.  D.  222,  p.  227. 

4.  MEANING  AND  APPLICATION  OF  TERM. 

All  mineral  springs,  salt  springs,  salt  beds,  and  salt  rock  are  covered  by  the  general 
term  salines. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  3. 

See  Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  603. 

Congress  did  not  mean  by  the  proviso  to  this  act  to  apply  the  term  "saLines"  to 
any  other  character  of  substance  than  that  which  had  been  made  the  subject  of  grant 
to  other  States. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  5. 

A  salt  lick  is  a  spot  where  the  earth  is  impregnated  with  common  salt  and  is  licked 
by  the  tongues  of  animals,  wild  and  domestic,  and  these  licks  afford  these  animals  the 
salt  necessary  to  their  nutrition,  and  so  the  salt  springs  more  easily  and  readily  yielded 
to  the  pioneers  of  the  public  domain  the  same  commodity  equally  essential  to  their 
health  and  comfort,  and  it  was  these  reserved  salt  springs  which  were  granted  to  the 
several  States,  and  to  these  grants  the  proviso  of  this  act  refers  by  the  use  of  the  term 
salines. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  5. 

The  term  saline,  as  used  in  this  act,  can  not  be  held  to  include  all  lands  containing 
in  their  soils  or  in  their  waters  the  salts  of  sodium  potassium,  including  chlorides, 
carbonates,  and  sulphates  of  these,  and  the  other  so-called  alkaline  earths,  nor  can  it 
be  held  to  include  the  associated  gypsum  minerals. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  8. 

5.  PROVISO  OF  ACT — APPLICATION  TO  STATES. 

The  proviso  of  this  act  should  not  apply  to  any  State  which  may  have  had  such  a 
grant  until  either  the  grant  has  been  fully  satisfied  or  the  right  of  selection  has  expired 
by  efflux  of  time,  but  this  does  not  Umit  the  time  to  the  period  stated  in  the  statute 
giving  the  State  time  within  which  to  make  its  selection,  and  the  State  may  make  its 
selection  after  the  expiration  of  the  time  stated  in  the  statute. 

Colorado,  In  re,  10  L.  D.  222,  p.  228. 

This  act  provides  for  the  sale  of  salt  lands  in  States  having  a  grant  to  such  lands, 
and  the  grant  has  been  satisfied  or  the  right  of  selection  expired;  but  States  which 
had  no  such  grant  and  States  which  had  received  such  grants  and  were  still  entitled 
to  make  such  selections  are  excepted  from  the  operation  of  the  act. 

Utah  Salt  Lands,  In  re,  13  C.  L.  0.  53. 


1212  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


This  act  does  not  apply  to  lands  in  the  State  of  Nevada,  as  it  expressly  provides  that 
its  provisions  shall  not  apply  to  any  State  or  Territory  which  has  not  had  a  grant  of 
salines  by  act  of  Congress,  and  no  grant  of  saline  lands  has  been  made  to  Nevada. 

Eagle  Salt  Works,  In  re,  5  C.  L.  O.  4. 

There  is  no  law  authorizing  the  disposal  of  saline  lands  except  this  act,  but  this  is 
not  applicable  to  Oklahoma. 

Geissler,  In  re,  27  L.  D.  515. 

Oklahoma  v.  Brooks,  29  L.  D.  533,  p.  535. 

This  act  does  not  apply  to  the  Territory  of  Utah,  and  there  is  no  authority  for  the 
disposal  of  salt  lands  and  salines  within  that  Territory. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  598. 
Salt  Bluff  Placer,  In  re,  7  L."  D.  549,  p.  552. 

6.  RESERVATION  FROM  AGRICULTURAL  ENTRY. 

,  This  act  strengthens  the  view  that  a  mere  notation  of  saline  on  the  plat  or  its  omis- 
sion is  immaterial,  and  that  no  land  but  that  which  is  in  fact  saline  is  reserved  from 
agricultural  entry. 

Cole  V.  Markley,  2  L.  D.  847,  p.  851. 
Indiana  v.  Miller,  13  Fed  Cas.  25. 
Horton,  In  re,  9  C.  L.  0.  121. 

7.  SALE — METHOD  AND  TERMS. 

This  act  provides  a  mode  of  proceeding  by  which  public  lands  indicated  by  the 
field  notes  of  survey  or  otherwise,  to  be  saline  in  character,  may  be  rendered  subject  to 
disposal. 

Salt  Bluff  Placer,  In  re,  7  L.  D.  549. 

This  act  requbes  sales  of  saline  lands  to  be  for  cash  to  the  highest  bidder  at  public 
auction  at  not  less  than  $1.25  per  acre,  and  if  they  fail  to  sell  when  so  offered  they  are 
then  subject  to  private  sale  at  not  less  than  the  same  price  and  in  the  same  manner  as 
other  public  lands  sold. 

Horton,  In  re,  9  C.  L.  O.  121,  p.  122. 

8.  HEARING  TO  DETERMINE. 

This  act  contemplates  an  investigation  to  determine  whether  lands  returned  as 
saline  are  in  fact  agricultural  and  not  saline. 
Horton,  In  re,  9  C.  L.  0.  121,  p.  122. 

This  act  makes  it  the  duty  of  the  register  and  receiver  of  the  land  office  to  take  testi- 
mony with  reference  to  such  land  within  their  respective  districts  as  shall  appear  to 
be  saline  in  character,  and  makes  it  the  duty  of  the  commissioner  to  offer  such  lands 
for  sale,  and  the  act  contemplates  that  the  saline  lands  thus  to  be  offered  were  such  as 
should  be  found  to  be  of  the  same  character  as  those  embraced  in  the  grant  formerly 
made  to  certain  States  and  Territories,  and  the  act  was  intended  to  prevent  a  defeat  of 
existing  or  future  grants  of  that  character. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  4. 

22  STAT.  349,  ATTGITST  7,  1882. 

LEASE  OF  SALT  DEPOSITS— MANUFACTURE  OF  SALT. 

AN  ACT  For  the  manufacture  of  salt  in  the  Indian  Territory. 

Be  it  enacted,  etc.,  That  the  legislative  council  of  the  Cherokee 
Nation  may  execute  a  lease  of  the  salines  or  salt  deposits  on  the 


SALINES  AND  SALT  SPRINGS,  PP.  1194-1214. 


1213 


plains,  not  to  excood  three  in  number,  located  on  the  lands  of  the 
('herokee  Nation  lying  west  of  the  9(5°  of  longitude  in  the  Indian 
Territory,  and  so  much  land  connected  therewith  as  may  he  necessary 
for  the  working  of  the  same,  for  a  period  of  not  exceeding  20  years, 
with  right  of  a  highway  for  ingress  and  egress,  to  be  reserved  for 
such  purpose,  and  to  facilitate  tlie  manufacture  of  salt,  and  the  con- 
ditions of  which  lease  shall  insure  the  payment  to  the  Cherokee 
national  authorities  of  a  royalt}^  of  not  less  than  $1  per  ton;  said 
lease  being  subject  to  such  conditions  and  to  the  proper  jurisdiction  of 
the  Chereokee  national  legislature,  and  said  lease  and  conditions  sub- 
ject to  the  approval  of  the  Secretary  of  the  Interior:  Provided,  That 
the  proceeds  of  such  royalty  from  the  manufacture  of  salt  shall  be  an 
addition  to  the  educational  fund  of  said  nation:  And  provided  further. 
That  said  salines  shall  continue  subject  to  any  rights  of  the  United 
States  under  sections  15  and  16  of  the  treaty  of  July  19,  1866,  with 
the  Cherokee  Indians;  and  said  lease  or  leases  shall  be  liable  to  rev- 
ocation by  the  legislative  council  of  the  Cherokee  Nation  and  the  Sec- 
retary of  the  Interior  for  the  nonperformance  of  any  of  said  conditions. 

A.  SALINES— LEASE  FOR  SALT  MANUFACTURE. 

See  14  Stat.  799,  p.  952. 

By  this  act  Congress  authorized  the  Cherokee  Nation  to  lease  a  definite  number  of 
the  salines  or  salt  deposits  within  its  territory  to  facilitate  the  manufacture  of  salt. 
New  Mexico,  In  re,  35  L.  D.  1,  p.  5. 

31  STAT.  745,  JANUARY  31,  1901. 

MINERAL  LAWS  EXTENDED  TO  SALINES  AND  SALT  SPRINGS. 
AN  ACT  Extending  the  mining  laws  to  saline  lands. 

Be  it  enacted,  etc.,  That  all  unoccupied  public  lands  of  the  United 
States  containing  salt  springs,  or  deposits  of  salt  in  any  form,  and 
chiefly  valuable  therefor,  are  hereby  declared  to  be  subject  to  location 
and  purchase  under  the  provisions  of  the  law  relating  to  placer- 
mining  claims:  Provided,  That  the  same  person  shall  not  locate  or 
enter  more  than  one  claim  hereunder. 

A.  SALINE  LAND  ACT. 

1.  Acquisition  of  salines  under  mining  laws. 

2.  Mining  laws  extended  to  salines  and  salt  springs. 

3.  Rock  salt — Location  and  effect. 

1.  acquisition  of  salines  under  mining  LAWS. 

The  saline  land  act  prohibits  in  effect  the  acquisition  of  public  lands  chiefly  valuable 
for  salines  under  any  law  other  than  the  mineral  land  laws,  and  neither  those  nor  any 
other  law  designated  any  means  by  which  this  prohibition  was  to  be  enforced,  and 
accordingly  the  selection  by  some  appropriate  means  devolved  upon  the  officers  of 
the  Land  Department,  subject  to  the  approval  of  the  Secretary  of  the  Interior;  but 
these  officers  could  not  be  expected  to  have  a  personal  knowledge  of  what  public  lands 
were  chiefly  valuable  for  salines,  and  little  or  no  information  of  value  on  the  subject 
would  be  afforded  by  the  records  in  their  custody,  and  an  applicant  for  a  patent  for 


1214  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Buch  lands  could  reasonably  be  expected  to  be  well  informed  as  to  the  character  of 
land  for  wliich  application  for  a  patent  was  made,  and  an  applicant  under  the  soldiers' 
additional  homestead  law  must  comply  with  the  regulations  and  show  that  the  land 
applied  for  is  nonsaline,  and  he  is  not  entitled  to  a  patent  until  he  complies  with  such 
regulation. 
Leonard  v.  Lennox,  181  Fed.  760,  p.  766. 

By  this  act  all  unoccupied  public  lands  containing  salt  springs  or  deposits  of  salt  in 
any  form,  and  chiefly  valuable  therefor,  are  made  subject  to  location  and  purchase 
under  the  placer  mining  laws,  and  the  policy  of  the  Government  was  to  reserve  saline 
lands  from  disposition  under  any  other  public  land  laws,  whether  relating  to  agricul- 
tural lands  or  to  location  and  purchase  of  mineral  land,  except  as  provided  by  the  act 
of  January  12,  1877  (19  Stat.  221). 

New  Mexico,  In  re,  31  L.  D.  389,  p.  390. 

Salines  or  saline  lands  were  not,  prior  to  this  act,  subject  to  entry  under  the  statutes 
authorizing  disposal  of  mineral  lands. 

Miller,  In  re,  33  L.  D.  121,  p.  122. 
See  Salt  Bluff  Placer,  In  re,  7  L.  D.  549. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597. 

2.  MINING  LAWS  EXTENDED  TO  SALINES  AND  SALT  SPRINGS. 

This  act  extends  the  mining  laws  to  saline  lands,  and  the  term  "saline  lands"  is 
employed  as  embracing  and  in  the  same  sense  as  the  terms  "salt  springs"  and  "de- 
posits of  salt  in  any  form,"  and  it  mentions  but  one  substance  and  that  is  salt. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  7. 

This  act  extended  the  mining  laws  to  saline  lands  and  rendered  the  unoccupied 
public  lands  containing  salt  springs  or  deposits  of  salt  in  any  form  and  cloiefly  valuable 
therefor  subject  to  location  and  purchase  under  the  provisions  of  the  law  relating  to 
placer  mining  claims. 

Lovely  Placer  Claim,  In  re,  35  L.  D.  426,  p.  427. 
Oklahoma,  In  re,  35  L.  D.  509,  p.  511. 

3.  ROCK  SALT — LOCATION  AND  EFFECT. 

Ledges  of  rock  salt  found  upon  the  public  domain  are  subject  to  occupation  and 
sale  under  the  provisions  of  the  mining  laws,  and  the  proper  locations  of  such  ledges 
carry  with  them  every  incident  of  possessory  title  conferred  by  the  mining  laws. 

McGarrigle,  In  re,  9  C.  L.  O.  113. 


SETTLERS'  RELIEF  ACTS. 


3  STAT.  260,  MARCH  25,  1816. 

PERMISSION  TO  WORK  SALT  SPRINGS  AND  LEAD  MINES. 

AN  ACT  Relating  to  settlers  on  the  lands  of  tlie  United  States. 

Be  it  enacted,  etc.,  That  any  person  or  j)ersons  who,  before  the 
1st  day  of  February,  1816,  had  taken  possession  of,  occupied  or  made 
a  settlement  on,  any  lands  ceded  or  secured  to  the  United  States, 

*  *  *  may,  at  any  time  prior  to  the  1st  day  of  September  next,  apply 
to  the  proper  register  or  recorder,  *  *  *  to  permit,  *  *  * 
such  applicant  or  applicants  to  remain  on  such  tract  or  tracts  of  land; 

*  *  *  And  provided  also,  That  in  all  cases  where  the  tract  or 
land  apphed  for  includes  either  a  lead  mine  or  salt  spring,  no  per- 
mission to  work  the  same  shall  be  granted  without  the  approbation 
of  the  President  of  the  United  States. 

A.  WORKING  LEAD  MINES  OR  SALT  SPRINGS  PROHIBITED. 

Under  this  act  no  permission  to  work  lead  mines  or  salt  springs  included  in  any 
tract  of  land  applied  for  can  be  given  without  the  approbation  of  the  President. 
Lease  of  Mineral  Lands,  In  re,  4  Op.  Atty.  Gen.  480,  p.  488. 

18  STAT.  194,  JUNE  22,  1874. 

RAILROAD  LANDS— RELIEF  OF  SETTLERS. 
AN  ACT  For  the  relief  of  settlers  on  railroad  lands. 

Be  it  enacted,  etc..  That  in  the  adjustment  of  all  railroad  land 
grants,  whether  made  directly  to  any  railroad  company  or  to  any 
State  for  railroad  purposes,  if  any  of  the  lands  granted  be  found  in 
the  possession  of  an  actual  settler  whose  entry  or  filing  has  been 
allowed  under  the  preemption  or  homestead  laws  of  the  United  States 
subsequent  to  the  time  at  which,  by  the  decision  of  the  Land  Office, 
the  right  of  said  road  was  declared  to  have  attached  to  such  lands, 
the  grantees,  upon  a  proper  relinquishment  of  the  lands  so  entered 
or  filed  for,  shall  be  entitled  to  select  an  equal  quantity  of  other  lands 
in  lieu  thereof  from  any  of  the  public  lands  not  mineral  and  within 
the  limits  of  the  grant  not  otherwise  appropriated  at  the  date  of 
selection,  to  which  they  shall  receive  title  the  same  as  though  origi- 
nally granted.  And  any  such  entries  or  filings  thus  relieved  from 
conflict  may  be  perfected  into  complete  title  as  if  such  lands  had  not 
been  granted:  Provided,  That  nothing  herein  contained  shall  in  any 
manner  be  so  construed  as  to  enlarge  or  extend  any  grant  to  any  such 
railroad  or  to  extend  to  lands  reserved  in  any  land  grant  made  for 
railroad  purposes:  And  provided  further.  That  this  act  shall  not  be 
construed  so  as  in  any  manner  to  confirm  or  legahze  any  decision  or 
ruling  of  the  Interior  Department  under  which  lands  have  been  cer- 


1215 


1216  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


tified  to  any  railroad  company  when  such  lands  have  been  entered 
by  a  preemption  or  homestead  settler  after  the  location  of  the  line  of 
the  road  and  prior  to  the  notice  to  the  local  land  office  of  the  with- 
drawal of  such  lands  from  market. 

A.  RAILROAD  GRANTS. 

1.  Relinquishment — Selection  of  lieu  lands. 

2.  Minerals  excluded — ^Exceptions. 

1.  relinquishment — selection  of  lieu  lands. 

This  act  intends  that  the  railroad  company  shall  be  entitled  to  lands  equally  valua- 
ble and  equivalent  in  exchange  for  any  lands  relinquished  or  surrendered  found  in  the 
possession  of  actual  settlers,  with  the  limitation  that  in  the  selection  of  the  lieu  lands 
they  must  be  nonmineral  in  character,  but  they  may  be  within  the  limits  of  the  grant 
if  not  otherwise  appropriated  at  the  date  of  the  selection. 

Southern  Pac.  R.  Co.,  In  re,  18  L.  D.  275,  pp.  276,  278. 

This  act  gives  the  railroad  company,  upon  relinquishment  of  title  to  land  entered, 
the  right  to  select  an  equal  quantity  from  other  lands  not  mineral,  within  the  limits 
of  the  grant,  not  otherwise  appropriated. 

Tucker  v.  Florida  R.,  etc.,  Co.,  19  L.  D.  414,  p.  416. 

2.  MINERALS  EXCLUDED — EXCEPTIONS. 

The  mining  statutes,  with  reference  to  minerals  found  in  the  public  domain,  did 
not  limit  the  lands  to  those  containing  valuable  metals,  such  as  gold,  silver,  cinnabar, 
and  copper. 

Florida  Central  &  Peninsular  R.  Co.,  26  L.  D.  600,  p.  601. 

The  word  mineral,  as  employed  in  this  act,  can  not  be  construed  to  include  lands 
containing  deposits  of  phosphate. 

Tucker  v.  Florida  R.,  etc.,  Co.,  19  L.  D.  414,  p.  416. 
See  Union  Oil  Co.,  In  re,  23  L.  D.  222,  p.  227. 

21  STAT.  140,  MAY  14,  1880. 

PREEMPTION,  HOMESTEAD,  AND  TIMBER-CULTURE  ENTRIES. 
AN  ACT  For  the  relief  of  settlers  on  public  lands. 

Be  it  enacted,  etc.,  That  when  a  preemption,  homestead,  or  timber- 
culture  claimant  shall  file  a  written  relinquisliment  of  his  claim  in 
the  local  land  office,  the  land  covered  by  such  claim  shall  be  held  as 
open  to  settlement  and  entry  without  further  action  on  the  part  of 
the  Commissioner  of  the  General  Land  Office. 

Sec.  2.  In  all  cases  where  any  person  has  contested,  paid  the  land- 
office  fees,  and  procured  the  cancellation  of  any  preemption,  home- 
stead, or  timber-culture  entry,  he  shall  be  notified  by  the  register  of 
the  land  office  of  the  district  in  which  such  land  is  situated  of  such 
cancellation,  and  shall  be  allowed  30  days  from  date  of  such  notice 
to  enter  said  lands:  Provided,  That  said  register  shall  be  entitled 
to  a  fee  of  $1  for  the  giving  of  such  notice,  to  be  paid  by  the  con- 
testant, and  not  to  be  reported. 

Sec.  3.  That  any  settler  who  has  settled,  or  who  shall  hereafter 
settle,  on  any  of  the  public  lands  of  the  United  States,  whether  sur- 


settlers'  relief  acts,  pp.  1215-1234. 


1217 


veyed  or  unsiirvcyod,  with  tlio  intention  of  claiming  the  samo  under 
the  homestead  laws,  shall  be  allowed  the  same  time  to  fdc  his  home- 
stead application  and  perfect  his  original  entry  in  the  United  States 
Land  Office  as  is  now  allowed  to  settlers  under  the  preemption  laws 
to  put  their  claims  on  record,  and  his  right  shall  relate  back  to  the 
date  of  settlement,  the  same  as  if  he  settled  under  the  preemption 
laws. 

a.  settlers'  relief  act. 

1.  Construction. 

2.  Application  of  act. 

3.  Rights  conferred. 

4.  Preference  right  of  entry. 

1.  construction. 

See  21  Stat.  287,  p.  1285. 

The  construction  placed  upon  this  act  does  not  conflict  with  existing  rules  and 
regulations  governing  entries  under  the  mineral  and  coal-land  laws. 
Hobbs,  In  re,  1  Copp's  Pub.  Lands  161,  p.  162. 

2.  APPLICATION  OF  ACT. 

Neither  the  original  act  nor  the  amended  act  has  any  application  to  a  purchase 
under  the  act  of  June  3,  1878  (20  Stat.  89),  nor  the  amendment  of  August  4,  1892  (27 
Stat.  348). 

Manners  Construction  Co.  v.  Reese,  31  L.  D.  408,  p.  409. 

Section  2  of  this  act  must  be  construed  to  apply  to  entries  of  coal  lands  under  the 
act  of  March  3,  1873  (17  Stat.  607). 

Hobbs,  In  re,  1  Copp's  Pub.  Lands  161,  p.  162. 

Section  2  gives  an  original  right  of  entry  to  any  person  who  has  contested,  paid  the 
land-office  fees,  and  procured  the  cancellation  of  any  preemption,  homestead,  or 
timber-culture  entry. 

Dornen  v.  Vaughn,  16  L.  D.  8,  p.  10. 

3.  RIGHTS  CONFERRED. 

Inchoate  rights  in  mineral  lands  in  Alabama  acquired  under  this  act  are  permitted 
by  the  act  of  March  3,  1883  (22  Stat.  487). 
Jones,  In  re,  11  C.  L.  0.  260. 

This  act  confers  no  rights  until  after  entry  is  made  and  then  only  as  against  adverse 
or  intervening  claimants,  and  cuts  off  or  defeats  any  rights  that  ordinarily  would 
have  inured  to  the  settler  failing  to  file  his  application  at  the  local  oflSce  prior  to  the 
enactment. 

Lalley,  In  re,  10  C.  L.  O.  55. 

4.  PREFERENCE  RIGHT  OF  ENTRY. 

The  preference  right  of  entry  given  a  successful  contestant  by  this  act  extends  to 
an  agricultural  claimant  who  has  successfully  contested  a  mineral  claim. 

Dornen  v.  Vaughn,  16  L.  D.  8,  p.  10. 

See  Richardson  v.  Wilson,  41  L.  D.  275,  p.  277. 


1218  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

Neither  a  declarator}'  statement  nor  an  application  is  an  entry  or  an  equivalent 
thereof,  "wdthin  the  meaning  of  this  act,  which  grants  a  preference  right  of  entry  only 
to  one  who  contests,  pays  the  fees,  and  procures  the  cancellation  of  an  entry. 

Richardson  v.  Wilson,  41  L.  D.  275,  p.  277. 

21  STAT.  237,  JUNE  15,  1880. 

TRESPASS— CONDONED  BY  PURCHASE. 

AN  ACT  Relating  to  the  public  lands  of  the  United  States. 

Be  it  enacted,  etc.,  That  when  any  lands  of  the  United  States 
shaU  have  been  entered  and  the  Government  price  paid  therefor 
in  fuU  no  criminal  suit  or  proceeding  by  or  in  the  name  of  the  United 
States  shall  thereafter  be  had  or  further  maintained  for  any  tres- 
passes upon  or  for  or  on  account  of  any  material  taken  from  said 
lands,  and  no  civil  suit  or  proceeding  shall  be  had  or  further  main- 
tained for  or  on  account  of  any  trespasses  upon  or  material  taken  from 
the  said  lands  of  the  United  States  in  the  ordinary  clearing  of  land, 
in  working  a  mining  claim  or  for  agricultural  or  domestic  purposes, 
or  for  maintaining  improvements  upon  the  land  of  any  bona  fide 
settler,  or  for  or  on  accoimt  of  any  timber  or  material  taken  or  used 
by  any  person  without  fault  or  knowledge  of  the  trespass,  or  for 
or  on  account  of  any  timber  taken  or  used  without  fraud  or  collusion 
by  any  person  who  in  good  faith  paid  the  officers  or  agents  of  the 
United  States  for  the  same,  or  for  or  on  account  of  any  alleged  con- 
spiracy in  relation  thereto:  Provided,  That  the  provisions  of  this 
section  shall  apply  only  to  trespasses  and  acts  done  or  committed 
and  conspiracies  entered  into  prior  to  March  1,  1879:  And  provided 
further.  That  defendants  in  such  suits  or  proceedings  shall  exhibit 
to  the  proper  courts  or  officer  the  evidence  of  such  entry  and  payment 
and  shall  pay  all  costs  accrued  up  to  the  time  of  such  entry. 

:Jc  *  *  *  *  *  * 

Sec.  4.  This  act  shall  not  apply  to  any  of  the  mineral  lands  of  the 
United  States ;  and  no  person  who  shall  be  prosecuted  for  or  proceeded 
against  on  account  of  any  trespass  committed  or  material  taken  from 
any  of  the  pubhc  lands  after  March  1,  1879,  shall  be  entitled  to  the 
benefit  thereof. 

A.  APPLICATION  OF  ACT  TO  MINERAL  LANDS. 

B.  PURCHASE  OF  LANDS  CONDONES  TRESPASS. 

A.  APPLICATION  OF  ACT  TO  MINERAL  LANDS. 

This  act  does  not  apply  to  the  mineral  lands  of  the  United  States  and  persons  com- 
mitting trespasses  on  such  lands  are  not  entitled  to  the  benefit  of  the  act. 
Coe,  In  re,  2  L.  D.  829,  p.  830. 

Lands  of  known  mineral  character  were  not  purchasable  under  section  2  of  this  act. 
Banks,  In  re,  16  C.  L.  0.  74. 

B.  PURCHASE  OF  LANDS  CONDONES  TRESPASS. 

The  statute  contemplates  that  persons  who  commit  trespass  on  nonmineral  public 
lands  prior  to  March  1,  1879,  may  condone  the  offence  by  purchase  of  the  lands  at  the 
Government  price. 

Coe,  In  re,  2  L.  D.  829. 


settlers'  relief  acts,  pp.  1215-1234.  1219 

The  failure  of  a  settlor  to  rouiply  with  the  homestead  laws  with  rej^ard  to  settlement 
and  residence  does  not  affect  ri,<?ht  to  })ur(  hase  the  land  under  section  2  of  this  act. 
Williams,  In  re,  11  L.  D.  4(52,  p.  408. 

The  second  proviso  of  this  act  is  a  limitation  upon  the  first,  but  it  does  not  protect 
from  the  operation  of  the  first  proviso  an  application  to  purchase  under  the  second 
section  of  this  act. 

Caste,  In  re,  3  L.  D.  169,  p.  174. 
Banks,  In  re,  16  C.  L.  O.  74. 

A  fraudulent  entry  can  not  constitute  a  basis  of  purchase  under  this  act. 

Williams,  In  re,  11  L.  D.  462. 
See  Cone,  In  re,  7  L.  D.  94. 

21  STAT.  287,  chap.  244,  JUNE  16,  1880. 

CANCELLATION  OF  ENTRIES— REPAYMENT  OF  FEES. 

AN  ACT  For  the  relief  of  certain  settlers  on  public  lands  and  to  provide  for  the  repay- 
ment of  fees,  purchase  money,  and  commissions  paid  on  void  entries. 

Be  it  enacted,   etc.    *    *  * 

Sec.  2.  In  all  cases  where  homestead  or  timber-culture  or  desert- 
land  entries  or  other  entries  of  public  lands  have  heretofore  or  shall 
hereafter  be  canceled  for  conflict,  or  where,  from  any  cause,  the  entry 
has  been  erroneously  allowed  and  can  not  be  confirmed,  the  Secretary 
of  the  Interior  shall  cause  to  be  repai<l  to  the  person  who  made  such 
entry,  or  to  his  heirs  or  assigns,  the  fees  and  commissions,  amount 
of  purchase  money,  and  excesses  paid  upon  the  same  upon  the  sur- 
render of  the  duplicate  receipt  and  the  execution  of  a  proper  relin- 
quishment of  all  claims  to  said  land,  whenever  such  entry  shall  have 
been  duly  canceled  by  the  Commissioner  of  the  General  Land  OflScc, 
and  in  all  cases  where  parties  have  paid  double  minimum  price  for 
land  which  has  afterwards  been  found  not  to  be  within  the  limits  of 
a  railroad  land  grant,  the  excess  of  $1.25  per  acre  shall  in  like  manner 
be  repaid  to  the  purchaser  thereof,  or  to  his  heirs  or  assigns. 

See  sec.  2362  R.  S.,  p.  847. 

A.  SETTLERS'  RELIEF  ACT. 

1.  Construction  and  application  of  act. 

2.  Repayment  in  case  of  erroneous  entry  only. 

3.  Who  are  entrymen  entitled  to  relief. 

4.  Assignees  entitled  to  relief. 

5.  no  repayment  on  fraudulent  entry. 

1.  construction  and  application  of  act. 

See  21  Stat.  140,  p.  1216. 

This  act  proceeds  upon  equitable  principles  and  is  intended  to  be  administered 
accordingly  and  is  to  be  interpreted  with  appropriate  regard  of  the  spirit  that 
prompted  it. 

United  States  v.  Colorado  Anthracite  Co.,  225  U.  S.  219,  p.  223. 

The  act  of  March  26,  1908  (35  Stat.  48),  is  supplemental  to  this  act  and  was  intended 
to  apply  particularly  where  mineral  entries  were  disallowed  or  canceled  and  to  author- 
ize repayment  of  the  purchase  money  in  such  cases. 

Hawk,  In  re,  41  L.  D.  350,  p.  352. 


1220 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


2.  REPAYMENT  IN  CASE  OF  ERRONEOUS  ENTRY  ONLY. 

A  repayment  may  be  made  where  an  entry  has  been  erroneously  allowed  and  can 
not  be  confirmed. 

Hudson  Min.  Co.,  In  re,  14  L.  D.  544. 
See  Thomas,  In  re,  13  L.  D.  359. 
Bell,  In  re,  39  L.  D.  191. 

WTiere  a  mineral  entry  was  canceled  because  of  lack  of  proof  as  to  discovery,  a 
repayment  of  the  price  is  not  authorized  under  this  act,  although  the  claimant's 
expenditures  clearly  shows  an  honest  belief  on  his  part  that  a  valuable  deposit  of 
placer  gold  might  be  developed  on  the  premises. 

Hawk,  In  re,  41  L.  D.  350,  p.  352. 

Where  a  mineral  entry  was  not  erroneously  allowed  or  canceled  for  conflict,  repay- 
ment of  the  purchase  price  was  not  specifically  authorized  under  this  section. 
Hawk,  In  re,  41  L.  D.  350,  p.  352. 

The  entire  interest  in  a  mining  claim  is  not  required  to  be  represented  in  an  appli- 
cation for  repayment  before  return  of  any  part  of  the  purchase  money  can  be  made,  as 
such  return  may  be  made  to  one  who  showed  but  a  partial  interest  according  to  the 
proportion  of  his  interest. 

Harper,  In  re,  23  L.  D.  249,  p.  250. 

3.  WHO  ARE  ENTRYMEN  ENTITLED  TO  RELIEF. 

A  person  making  an  entry,  although  making  it  for  the  benefit  of  another  who  fur- 
nished the  purchase  price,  is  an  entryman  within  the  meaning  of  this  section. 
United  States  v.  Colorado  Anthracite  Co.,  225  U.  S.  219,  p.  222. 

4.  ASSIGNEES  ENTITLED  TO  RELIEF. 

Persons  who  purchase  mineral  lands  after  entries  are  completed  and  take  assign- 
ments of  the  title  are  assignees  within  the  meaning  of  this  statute  authorizing  the 
return  of  the  purchase  money. 

Harper,  In  re,  23  L.  D.  249,  p.  250. 

An  assign  within  the  meaning  of  this  section  is  one  who  becomes  invested  with  the 
entryman 's  right  in  the  land  through  some  voluntary  act  of  such  entryman. 
United  States  v.  Colorado  Anthracite  Co.,  225  U.  S.  219,  p.  223. 

5.  NO  REPAYMENT  ON  FRAUDULENT  ENTRY. 

An  assignee  of  a  fraudulent  entryman  seeking  to  obtain  title  to  coal  land  under  the 
coal  mining  statute  is  not  entitled  to  a  repayment  of  the  purchase  price,  though 
furnished  by  such  assignee,  where  the  entry  is  canceled  by  reason  of  the  fraudulent 
conspiracy  to  obtain  the  land,  as  in  such  case  the  entry  is  not  canceled  because 
* '  erroneously  all  owed . " 

United  States  v.  Colorado  Anthracite  Co.,  225  U.  S.  219,  p.  224. 

If  a  tract  of  land  were  subject  to  entry  and  the  proof  showed  a  compliance  with  the 
law,  and  the  entry  should  be  subsequently  canceled  because  the  proofs  were  shown 
to  be  false,  it  could  not  be  claimed  that  the  entry  was  "erroneously  allowed,"  and  in 
such  case  repayment  is  not  authorized  by  this  section. 

United  States  v.  Colorado  Anthracite  Co.,  225  U.  S.  219,  p.  224. 

Persons  conspiring  to  obtain  coal  land  under  the  provisions  of  sections  2347  to  2352 
of  the  Revised  Statutes  are  not  entitled  on  cancellation  of  the  entry  to  repayment  under 
the  provisions  of  this  statute,  because  they  are  not  entitled  to  invoke  the  principles 
of  an  equitable  and  remedial  statute. 

United  States  v.  Colorado  Anthracite  Co.,  225  U.  S.  219,  p.  224. 


settlers'  belief  acts,  1M'.  1215-12;{4.  1221 
26  STAT.  662,  OCTOBER  1,  1890. 

PROTECTION  AGAINST  TUOSPUATE  DISCOVERIES. 

AN  ACT  For  the  protection  of  actual  settlers  who  have  made  homesteads  or  preemp- 
tion entries  upon  the  public  lands  of  the  United  States  in  the  State  of  Florida  ux)on 
wliich  deposits  of  phosphate  have  been  discovered  since  such  entries  were  made. 

Be  it  enacted,  etc.,  That  any  person  who  has  in  good  faith  entered 
upon  any  lands  of  the  United  States  in  the  State  of  Florida,  subject 
at  the  date  of  said  entry  to  homestead  or  preemption  entry,  and  has 
actually  occupied  and  improved  the  same  for  the  purpose  of  making 
his  or  her  home  thereon,  under  the  homestead  or  preemption  laws, 
prior  to  the  1st  day  of  April,  1890,  shall  have  the  right,  upon  com- 
plying with  the  further  requirements  of  the  law,  in  other  respects  to 
complete  such  homestead  or  preemption  entry  and  receive  a  patent 
for  the  land  so  entered,  occupied,  and  improved,  notwithstanding 
any  discovery  of  phosphate  deposits  upon  or  under  the  surface  of  any 
of  said  lands  after  such  entry  was  made:  Provided,  That  the  entry- 
man  had  no  knowledge  of  the  existence  of  such  phosphate  deposits 
upon  the  land  which  is  the  subject  of  such  entry  at  the  date  when 
the  settlement  thereon  was  made. 

See  pp.  1050, 1051. 

A.  PURPOSE  OF  ACT— SETTLERS  PROTECTED. 

1.  PHOSPHATE  DISCOVERIES — PROTECTION  OF  SETTLERS  BURDEN  OF 

PROOF. 

On  the  discovery  of  phosphate  lands  and  their  value  all  entries  made  for  lands  con- 
taining such  deposits  were  suspended  and  this  act  was  passed  for  the  protection  of 
entrymen  who  had  no  knowledge  of  such  deposits  at  the  time  of  their  settlement. 

Tucker  v.  Florida  R.,  etc.,  Co.,  19  L.  D.  414,  p.  417. 

This  act  is  entirely  retrospective  and  applies  exclusively  to  entries  made  prior  to 
April  1,  1890. 
Gary  v.  Todd,  19  L.  D.  475,  p.  476. 

Local  officers  can  not  ignore  the  law  passed  expressly  for  the  protection  of  entries 
made  on  phosphate  lands  in  Florida,  because  phosphate  was  found  in  other  parts  of 
the  same  county  or  in  adjoining  counties,  and  because  an  entryman  expressed  sus- 
picion and  hoped  that  some  might  be  found  on  his  land. 

Gary  v.  Todd,  19  L.  D.  475,  p.  467  (on  review). 

This  act  authorizes  the  occupation  of  public  lands  in  Florida  under  homestead  and 
preemption  laws  notwithstanding  any  discovery  of  phosphate  deposits  upon  or  under 
the  surface,  provided  the  entryman  had  no  knowledge  of  the  existence  of  such  phos- 
phate deposits  when  he  settled  thereon. 

Gary  v.  Todd,  18  L.  D.  58. 

Where  an  attempt  is  made  to  defeat  an  existing  entry  the  burden  of  proof  is  on  the 
party  attacking  its  validity,  and  it  must  be  shown  that  the  phosphate  deposit  was  upon 
the  land  which  was  the  subject  of  the  entry  and  that  the  entryman  had  knowledge  of 
the  existence  of  such  deposits  on  his  claim. 

Gary  v.  Todd,  19  L.  D.  475,  p.  476. 

26  STAT.  1095,  1  STTPP.  R.  S.  940,  MARCH  3,  1891. 

REPEAL  OF  TIMBER-CULTURE  AND  PREEMPTION  LAWS. 
AN  ACT  To  repeal  timber-culture  laws,  and  for  other  purposes. 
Be  it  enacted,  etc.,  That  an  act  entitled  '^An  act  to  amend  an  act 
entitled  'An  act  to  encourage  the  growth  of  timber  on  the  western 


1222  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


prairies/"  approved  June  14,  1878  (20  Stat.  113),  and  all  laws  sup- 
plementary thereto  or  amendatory  thereof,  be,  and  the  same  are 
hereby,  repealed:  Provided,  That  this  repeal  shall  not  affect  any 
vahd  rights  heretofore  accrued  or  accruing  under  said  laws,  but  all 
bona  fide  claims  lawfully  initiated  before  the  passage  of  this  act  may 
be  perfected  upon  due  compliance  with  law,  in  the  same  manner, 
upon  the  same  terms  and  conditions,  and  subject  to  the  same  limita- 
tions, forfeitures,  and  contests  as  if  this  act  had  not  been  passed; 
*    *  * 

Section  2  of  this  act  amends  the  act  of  March  3, 1877  (19  Stat.  377,  ch.  107),  and  is  placed  with  that  act. 

Sec.  4.  That  chapter  4  of  title  32,  excepting  sections  2275,  2276, 
and  2286  of  the  Revised  Statutes  of  the  United  States,  and  all  other 
laws  allowing  preemption  of  the  public  lands  of  the  United  States, 
are  hereby  repealed,  but  all  bona  fide  claims  lawfully  initiated  before 
the  passage  of  this  act  under  any  of  said  provisions  of  law  so  repealed, 
may  be  perfected  upon  due  compliance  with  law,  in  the  same  manner, 
upon  the  same  terms  and  conditions,  and  subject  to  the  same  limita- 
tions, forfeitures,  and  contests  as  if  this  act  had  not  been  passed. 

Sec.  7.  That  whenever  it  shall  appear  to  the  Commissioner  of  the 
General  Land  Office  that  a  clerical  error  has  been  committed  in  the 
entry  of  any  of  the  public  lands  such  entry  may  be  suspended,  upon 
proper  notification  to  the  claimant,  through  the  local  land  office, 
until  the  error  has  been  corrected;  and  all  entries  made  under  the 
preemption,  homestead,  desert-land,  or  timber-culture  laws,  in  which 
final  proof  and  payment  may  have  been  made  and  certificates  issued, 
and  to  which  there  are  no  adverse  claims  originating  prior  to  final 
entry  and  which  have  been  sold  or  incumbered  prior  to  March  1,  1888, 
and  after  final  entry,  to  bona  fide  purchasers,  or  incumbrancers,  for 
a  valuable  consideration,  shall,  unless  upon  an  investigation  by  a 
Government  agent,  fraud  on  the  part  of  the  purchaser  has  been  found, 
be  confirmed  and  patented  upon  presentation  of  satisfactory  proof 
to  the  Land  Department  of  such  sale  or  incumbrance:  Provided, 
That  after  the  lapse  of  two  years  from  the  date  of  the  issuance  of  the 
receiver's  receipt  upon  the  final  entry  of  any  tract  of  land  under  the 
homestead,  timber-culture,  desert-land,  or  preemption  laws,  or  under 
this  act,  and  when  there  shall  be  no  pending  contest  or  protest 
against  the  vahdity  of  such  entry,  the  entryman  shall  be  entitled  to 
a  patent  conveying  the  land  by  him  entered,  and  the  same  shaU  be 
issued  to  him;  but  this  proviso  shall  not  be  construed  to  require  the 
delay  of  two  years  from  the  date  of  said  entry  before  the  issuing  of  a 
patent  therefor. 

The  act  of  March  3,  1891  (26  Stat.  1093),  amending  the  original  section  8  of  this  act  is  placed  with  20 
Stat.  88,  p.  1335. 

Sec.  9.  That  hereafter  no  public  lands  of  the  United  States,  ex- 
cept abandoned  military  or  other  reservations,  isolated  and  discon- 
nected fractional  tracts  authorized  to  be  sold  by  section  2455  of  the 
Revised  Statutes,  and  mineral  and  other  lands  the  sale  of  which  at 
public  auction  has  been  authorized  by  acts  of  Congress  of  a  special 
nature  having  local  application,  shall  be  sold  at  public  sale. 

Sec.  10.  That  nothing  in  this  act  shall  change,  repeal,  or  modify 
any  agreements  or  treaties  made  with  any  Indian  tribes  for  the  dis- 
posal of  their  lands,  or  of  land  ceded  to  the  United  States  to  be  dis- 


settlers'  relief  acts,  pp.  1215-12;{4. 


1223 


posed  of  for  the  benolit  of  such  tribes,  and  the  ])rocee(ls  thereof  to  be 
placed  in  the  Treasury  of  the  United  States;  and  the  disposition  of 
such  lands  shall  continue  in  accordance  with  the  i)rovisions  of  such 
treaties  or  agreements,  except  as  provided  in  section  5  of  this  act. 

Section  11  applies  to  towii  sites  and  is  section  85,  Alaska  Compiled  Laws,  p.  867. 

Section  12  is  the  same  as  section  92|,  Alaska  Compiled  Laws,  p.  868. 

Section  13  is  section  92^,  Alaska  Compiled  Laws,  p.  868. 

Section  14  is  section  92j,  Alaska  Compiled  Laws,  p.  868. 

Section  16  applies  to  town  sites  and  is  with  section  2386  R.  S.,  p.  1378. 

Sec.  17.  That  reservoir  sites  located  or  selected  and  to  be  located 
and  selected  under  the  provisions  of  '^An  act  making  appropriations 
for  sundry  civil  expenses  of  the  Government  for  the  fiscal  year  ending 
June  30,  1889,  and  for  other  purposes,"  and  amendments  thereto, 
shall  be  restricted  to  and  shall  contain  only  so  much  land  as  is  actually 
necessary  for  the  construction  and  maintenance  of  reservoirs;  ex- 
cluding so  far  as  practicable  lands  occupied  by  actual  settlers  at  the 
date  of  the  location  of  said  reservoirs,  and  that  the  provision  of  '^An 
act  making  appropriations  for  sundry  civil  expenses  of  the  Govern- 
ment for  the  fiscal  year  ending  June  30,  1891,  and  for  other  purposes, " 
which  reads  as  follows,  viz:  ''No  person  who  shall  after  the  passage  of 
this  act  enter  upon  any  of  the  pubhc  lands  with  a  view  to  occupation, 
entry,  or  settlement  under  any  of  the  land  laws  shall  be  permitted  to 
acquire  title  to  more  than  320  acres  in  the  aggregate  under  all  said 
laws, "  shall  be  construed  to  include  in  the  maximum  amount  of  lands 
the  title  to  which  is  permitted  to  be  acquired  by  one  person  only 
agricultural  lands  and  not  to  include  lands  entered  or  sought  to  be 
entered  under  mineral-land  laws. 

Section  18  of  this  act  is  with  10  Stat.  28,  Right  of  Way,  p.  1188. 

Sec.  19.  That  any  canal  or  ditch  company  desiring  to  secure  the 
benefits  of  this  act  shall,  within  12  months  after  the  location  of  10 
miles  of  its  canal,  if  the  same  be  upon  surveyed  lands,  and  if  upon 
unsurveyed  lands,  within  12  months  after  the  survey  thereof  by  the 
'United  States,  file  with  the  register  of  the  land  office  for  the  district 
where  such  land  is  located  a  map  of  its  canal  or  ditch  and  reservoir; 
and  upon  the  approval  thereof  by  the  Secretary  of  the  Interior  the 
same  shall  be  noted  upon  the  plats  in  said  office,  and  thereafter  all 
such  lands  over  which  such  rights  of  way  shall  pass  shall  be  dis- 
posed of  subject  to  such  right  of  way.  Whenever  any  person  or 
corporation,  in  the  construction  of  any  canal,  ditch,  or  reservoir, 
injures  or  damages  the  possession  of  any  settler  on  the  public 
domain,  the  party  committing  such  injury  or  damage  shall  be  liable 
to  the  party  injured  for  such  injury  or  damage. 

Sec.  20.  That  the  provisions  of  this  act  shall  apply  to  all  canals, 
ditches,  or  reservoirs  heretofore  or  hereafter  constructed,  whether 
constructed  by  corporations,  individuals,  or  association  of  individuals, 
on  the  filing  of  the  certificates  and  maps  herein  provided  for.  If 
such  ditch,  canal,  or  reservoir  has  been  or  shall  be  constructed  by  an 
individual  or  association  of  individuals,  it  shall  be  sufficient  for  such 
individual  or  association  of  individuals  to  file  with  the  Secretary  of  the 
Interior,  and  with  the  register  of  the  land  office  where  said  land  is 
located,  a  map  of  the  line  of  such  canal,  ditch,  or  reservoir,  as  in  case 
of  a  corporation,  with  the  name  of  the  individual  owner  or  owners 
thereof,  together  with  the  articles  of  association,  if  any  there  be. 
Plats  heretofore  filed  shall  have  the  benefits  of  this  act  from  the  date 


1224  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


of  their  filing,  as  though  filed  under  it:  Provided,  That  if  any  section 
of  said  canal  or  ditch  shall  not  be  completed  within  five  years  after 
the  location  of  said  section,  the  rights  herein  granted  shall  be  for- 
feited as  to  any  uncompleted  section  of  said  canal,  ditch,  or  reser- 
voir, to  the  extent  that  the  same  is  not  completed  at  the  date  of  the 
forfeiture. 

Sec.  21.  That  nothing  in  this  act  shall  authorize  such  canal  or 
ditch  company  to  occupy  such  right  of  way  except  for  the  purpose 
of  said  canal  or  ditch,  and  then  only  so  far  as  may  be  necessary  for 
the  construction,  maintenance,  and  care  of  said  canal  or  ditch. 

Section  22  of  this  act  applies  to  town  sites  and  is  with  section  2386  R.  S.,  p.  1379. 

Sec.  23.  That  in  all  cases  where  second  entries  of  land  on  the 
Osage  Indian  trust  and  diminished  reserve  lands  in  Kansas,  to  which 
at  the  time  there  were  no  adverse  claims,  have  been  made  and  the 
law  comphed  with  as  to  residence  and  improvement,  said  entries  be, 
and  the  same  are  hereby,  confirmed,  and  in  all  cases  where  persons 
were  actual  settlers  and  residing  upon  their  claims  upon  said  Osage 
Indian  trust  and  diminished  reserve  lands  in  the  State  of  Kansas  on 
May  9,  1872,  and  who  have  made  subsequent  preemption  entries 
either  upon  public  or  upon  said  Osage  Indian  trust  and  diminished 
reserve  lands,  upon  which  there  were  no  legal  prior  adverse  claims  at 
the  time,  and  the  law  comphed  with  as  to  settlement,  said  subsequent 
entries  be,  and  the  same  are  hereby,  confirmed. 

Section  24  of  this  act  applies  to  reservations  and  is  with  16  Stat.  149,  p.  1164. 

A.  PURPOSE  AND  CONSTRUCTION  OF  ACT. 

B.  APPLICATION  OF  ACT,  p.  1225. 

C.  HOMESTEAD  SETTLEMENTS,  p.  1226. 

D.  RIGHTS  OF  WAY— EASEMENTS,  p.  1228. 

E.  CLAIMS  INITIATED  UNDER  ACT,  p.  1228. 

A.  PURPOSE  AND  CONSTRUCTION  OF  ACT. 

1.  Settlers'  rights  protected. 

2.  Mineral  lands  reserved. 

3.  Act  not  retroactive. 

4.  Repealing  effect. 

1.  settlers'  rights  protected. 

The  object  of  this  statute  and  other  similar  acts  is  to  preserve  the  right  of  the  actual 
settler,  but  not  to  open  the  door  to  manifest  abuses,  and  during  the  five  years'  residence 
required  the  settler  can  treat  the  land  as  his  own  only  so  far  as  is  necessary  to  carry 
out  the  purposes  of  the  statute,  as  the  law  contemplates  the  possibility  of  his  abandon- 
ing it,  but  prevents  him  in  the  meantime  from  destroying  its  value  to  others  who  may 
wish  to  enter  or  purchase  it. 

Shiver  v.  United  States,  159  U.  S.  491,  p.  497. 

This  section  requires  a  settler  to  show  by  affidavit  his  faithful  endeavor  to  comply 
with  all  legal  requirements  as  to  settlement,  residence,  and  cultivation  necessary  to 
acquire  title  to  the  land ;  and  to  show  that  he  is  not  acting  as  agent  for  or  in  collusion 
with  any  other  person  to  give  them  the  benefit  of  either  the  land  or  the  timber  thereon. 

Shiver  v.  United  States,  159  U.  S.  491,  p.  496. 


SETTLERS'  RELIEF  ACTS,   PP.  1215-1234. 


1225 


2.  MINERAL  LANDS  RESERVED. 

This  act  is  intended  to  be  read  and  construed  in  connection  with  the  general  reserva- 
tion of  mineral  lands  contained  in  the  mining  statutes  which  declare  that  lands  valua- 
ble for  minerals  shall  Ibe  reserved  from  sale  except  as  provided  by  law. 

Cosmos  Exploration  Co,  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  47. 
See  United  States  v.  Burke tt,  150  Fed.  208,  p.  211. 

3.  ACT  NOT  RETROACTIVE. 

This  act  is  not  intended  to  be  retroactive  and  can  only  apply  to  entries  made  after 
its  passage. 
Protectoi  Lode,  In  re,  12  L.  D.  662,  p.  663. 

This  statute  does  not  affect  pending  cases  because  the  terms  of  the  act  were  not 
such  as  to  make  it  retroactive  in  its  effect, 

Plymouth  Lode,  In  re,  12  L.  D.  513,  p.  515. 
Pacific  Slope  Lode,  In  re,  12  L.  D.  686,  p.  689. 

4.  REPEALING  EFFECT. 

This  statute  repeals  the  provisions  of  the  preemption  law  in  which  in  express  terms 
was  the  provision  in  respect  to  known  salines  or  mines. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed,  20,  p.  41. 
Dornen  v,  Vaughn,  16  L.  D,  8,  p.  11. 

The  repealing  provision  of  this  statute  did  not  affect  an  entry  made  before  its  enact- 
ment, but  preserved  any  rights  in  the  land  unimpaired  and  left  the  time  within 
which  final  proofs  could  be  made  without  change. 

United  States  v.  Burkett,  150  Fed.  208,  p.  211. 

While  this  statute  repealing  the  preemption  law  also  eliminated  from  the  homestead 
law  "known  salines  or  mines,"  the  statute  declaring  that  no  mineral  lands  shall  be 
liable  to  entry  and  settlement  under  the  provisions  of  the  homestead  law  was  still 
in  force  and  the  term  "mineral  lands,"  as  used  in  that  statute,  is  more  general  and 
much  broader  than  the  term  referring  to  any  known  salines  or  mines  in  the  original 
preemption  law. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20,  p.  46. 
See'United  States  v.  Burkett,  150  Fed.  208,  p.  211. 

B.  APPLICATION  OF  ACT. 

1,  nonmineral  lands. 

2.  Mineral  lands  in  reservations — Entry. 

1.  nonmineral  lands. 

The  regulations  prescribed  for  carrying  into  effect  the  provisions  of  this  act  declare 
that  its  operation  shall  be  confined  to  nonmineral  lands. 

White,  In  re,  34  L.  D.  78,  p.  79. 

City  &  County  of  Beaver,  In  re,  34  L.  D.  112,  p.  113. 

This  act  confirms  entries  of  the  classes  named  in  the  statute  authorizing  them  and 
which  are  for  lands  commonly  spoken  of  as  agricultural  as  distinguished  from  mineral 
lands. 

Herman  v.  Chase,  37  L.  D.  590,  p.  591, 

56974°— Bull.  94,  pt  2—15  26 


t 


1226  UNITED   STATES  MINING  STATUTES  ANNOTATED. 


The  proviso  of  section  7  of  this  act  has  no  vaUdating  effect  upon  or  application  to  a 
void  entry,  and  embraces  within  its  purview  only  the  particular  classes  of  entry  therein 
mentioned. 

Herman  v.  Chase,  37  L.  D.  590,  p.  592. 
See  Cobb,  In  re,  37  L.  D.  181. 

Congress  did  not  intend  by  this  act,  providing  for  disposal  of  the  general  nonmineral 
public  domain,  to  confirm  entries  for  lands  especially  classed  for  disposal  under  special 
conditions  at  specified  prices  and  applicable  to  them  distinctly. 

Herman  v.  Chase,  37  L.  D.  590,  p.  592. 

Under  this  amendment  if  more  than  the  limitation  in  the  original  statute  (26  Stat. 
371,  p.  391)  is  sought  to  be  entered  as  mineral  land  the  excess  (not  to  exceed  160  acres) 
may  be  also  suitable  for  agricultural  purposes,  but  if  its  chief  value  is  for  the  min- 
eral thereon  then  it  shall  be  subject  to  the  mineral  land  laws  and  exempt  from  the 
limitation. 

Harrison,  In  re,  19  L.  D.  299,  p.  300. 

2.  MINERAL  LANDS  IN  RESERVATIONS  ENTRY. 

The  provisions  of  the  act  of  June  4,  1897  (40  Stat.  11,  p.  36),  as  to  the  right  to  enter 
upon  reservations  for  the  purpose  of  prospecting,  locating,  and  developing  the  min- 
eral resources  therein  and  providing  that  mineral  lands  in  any  forest  reservation  are 
subject  to  entry  under  the  existing  mining  laws  of  the  United  States  apply  to  all 
public  forest  reservations  established  under  the  authority  of  this  act. 

Crowder,  In  re,  30  L.  D.  92,  p.  94. 

C.  HOMESTEAD  SETTLEMENTS. 

Showing  as  to  intent  and  use. 
Mineral  character  of  land — Determination. 
Valid  mining  claim — Failure  to  prospect  or  discover. 
Coal  lands — ^Application  of  act. 
Right  to  cut  timber — Uses. 
Suits  to  cancel  patents. 

1.   SHOWING  AS  to  INTENT  AND  USE. 

The  homesteader  must  show  by  his  affidavit  that  he  is  not  entering  land  as  agent  for 
any  person  or  corporation  or  to  give  such  person  or  corporation  the  benefit  of  the  land 
or  the  timber  thereon. 

Shiver  v.  United  States,  159  U.  S.  491,  p.  496. 
Williamson  v.  United  States,  207  U.  S.  425,  p.  459. 

2.  MINERAL  CHARACTER  OF  LAND  DETERMINATION. 

The  proviso  of  section  7  does  not  preclude  the  department  from  ordering  an  investi- 
gation for  the  purpose  of  determining  the  known  character  of  the  land  at  the  date  of 
the  final  entry  and  from  canceling  the  entry  if  the  evidence  shows  that  the  land  was 
at  that  time  known  to  be  chiefly  valuable  for  coal. 

Herman  v.  Chase,  37  L.  D.  590,  p.  592. 

Conditions  with  respect  to  the  character  of  land  as  they  exist  at  the  date  of  entry, 
or  at  the  time  when  all  the  necessary  requirements  have  been  complied  with  by  the 
person  seeking  title,  must  determine  whether  the  land  is  subject  to  sale  or  disposal 


settlers'  relief  acts,  pp.  1215-1234. 


1227 


and  no  change  in  conditions  subsequently  occurring  can  impair  or  otherwise  affect 
the  right  of  the  applicant  to  a  patent,  as  the  right  to  a  patent  once  vested  is  equivalent 
to  a  patent  issued . 
Harkrader  v.  Goldstein,  31  L.  D.  87,  p.  94. 

3.  VALID  MINING  CLAIM — FAILURE  TO  PROSPECT  OR  DISCOVER. 

A  location  can  not  be  held  to  be  a  valid  mining  claim  or  possession  within  the  mean- 
ing of  the  law  where  the  applicant  has  had  ample  time  and  opportunity  to  show  by 
exploration  and  development  whether  valuable  mineral  deposits  exist  on  the  land 
and  has  not  done  so  and  has  not  in  any  manner  established  that  his  location  embraces 
mineral  land. 

Brophy  v.  O'Hare,  34  L.  D.  596,  p.  598. 
See  Purtle  v.  Steffee,  31  L.  D.  400,  p.  402. 

4.  COAL  LANDS — APPLICATION  OF  ACT. 

The  action  of  the  Land  Department  in  withdrawing  lands  on  account  of  their  sup- 
posed coal  character  and  in  ordering  an  investigation  of  entries  made  thereon  consti- 
tutes a  protest  against  such  entries  within  the  meaning  of  this  section  of  this  act,  as 
this  amounts  to  a  charge  that  the  lands  withdrawn  were  coal  lands,  and  this,  if  true, 
constitutes  an  insurmountable  obstacle  to  the  acquisition  of  any  title  thereto  under 
the  desert-land  laws. 

Blinn,  In  re,  40  L.  D.  97,  p.  100. 

Where  lands  returned  as  containing  coal  were  not  offered  at  public  sale  no  question 
can  be  raised  as  to  the  validity  of  such  sale  after  the  expiration  of  two  years  from  the 
date  of  the  issuance  of  the  receiver's  receipt  upon  the  final  entry,  and  they  come 
within  the  confirmatory  provisions  of  the  seventh  section  of  this  act. 

Harris,  In  re,  28  L.  D.  90,  p.  91. 

Where  proceedings  are  instituted  by  the  Government  to  set  aside  coal-land  entries 
because  of  fraud  notice  to  the  original  entryman  is  not  required  where  such  entryman 
has  transferred  his  entire  interest  in  the  claim  and  is  under  no  liability  to  protect  his 
transferree. 

Stough,  In  re,  41  L.  D.  616,  p.  620. 

Distinguishing  Romance  Lode  Min.  Claim,  In  re,  31  L.  D.  51. 

A  proceeding  timely  commenced  against  a  coal-land  entry  on  a  charge  of  fraud  can 
not  be  regarded  as  discontinued  because  of  an  indefinite  postponement  extending 
beyond  the  two  years  within  which  the  proceedings  are  required  to  be  commenced. 

Stough,  In  re,  41  L.  D.  616,  p.  621. 

The  proviso  of  section  7,  giving  the  right  to  patent  where  no  contest  or  protest  has 
been  filed  within  two  years  after  the  receiver's  receipt  upon  the  final  entry  of  the  lands 
therein  described,  does  not  include  coal-land  entries. 

United  States  v.  Yankee  Fuel  Co.,  195  Fed.  850,  p.  851. 
Stough,  In  re,  41  L.  D.  616,  p.  621. 

The  word  "preemption"  used  in  this  statute  may  in  its  general  use  have  a  varied 
meaning,  but  in  this  statute  it  has  a  well-defined  technical  meaning,  and  the  meaning 
there  applied  can  not  be  extended  to  coal-land  entries  under  section  2347  Revised 
Statutes. 

United  States  v.  Yankee  Fuel  Co.,  195  Fed.  850,  p.  852. 
Distinguishing  United  States  v.  Ballinger,  33  App.  Cas,  (D.  C.)  211. 
See  Atherton  v.  Fowler,  96  U.  S.  513. 

Harris,  In  re,  28  L.  D.  90. 

Alaska  Coal  Lands,  In  re,  39  L.  D.  327,  p.  332. 


1228  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


5.  RIGHT  TO  CUT  TIMBER  USES. 

See  20  Stat.  88,  p.  1335. 

The  settler  upon  a  homestead  may  cut  such  timber  only  as  is  necessary  to  clear  the 
land  for  cultivation,  including  the  necessary  buildings  and  fences,  but  he  may  exchange 
timber  for  lumber  for  such  purposes,  but  not  to  sell  except  such  as  may  be  necessarily 
cut  for  cultivation. 

Shiver  v.  United  States,  159  U.  S.  491,  p.  498. 

6.  SUITS  TO  CANCEL  PATENTS. 

Under  this  statute  suits  by  the  United  States  to  annul  patents  to  mining  claims 
issued  before  the  passage  of  the  act  must  be  brought  within  five  years  from  the  date 
of  its  passage. 

Peabody  Gold  Min.  Co.  v.  Gold  Hill  Min.  Co.,  106  Fed.  241. 

D.  RIGHTS  OF  WAY— EASEMENTS. 

1.  Use  of  canals — Method  of  acquiring. 

2.  Reservoir  sites — Selection. 

1.  use  for  canals  METHOD  OF  ACQUIRING. 

See  26  Stat.  371,  p.  391,  p.  1189. 

In  order  to  acquire  a  right  of  way  over  public  lands  for  canal  and  reservoir  purposes 
under  this  act  it  is  essential  that  the  map  of  the  location  of  the  canal  and  the  reservoir 
shall  be  approved  by  the  Secretary  of  the  Interior,  and  such  approval  is  a  condition 
precedent  to  the  taking  effect  of  the  grant  of  the  right  of  way. 

United  States  v.  Rickey  Land  &  Cattle  Co.,  164  Fed.  496,  p.  500. 
See  Nippel  v.  Forker,  26  Colo.  74. 

This  section  extends  the  benefits  of  this  act  to  all  canals,  ditches,  or  reservoirs 
theretofore  or  thereafter  constructed  upon  the  public  domain,  and  it  also  grants 
the  right  to  file  with  the  Land  Department  a  map  of  such  canal,  ditch,  and  reservoir 
which  was  granted  by  section  2339  R.  S. 

Lincoln  County  Water  Supply  &  Land  Co.  v.  Big  Sandy  Reservoir  Co.,  32  L.  D. 
463,  p.  464. 

2.  RESERVOIR  SITES  SELECTION. 

Land  in  the  actual  possession  of  a  mineral  claimant  who  has  complied  with  the 
mining  laws,  regulations,  and  customs  and  made  application  for  a  patent  can  not  be 
selected  as  a  reservoir  under  this  statute. 

Gabathuler,  In  re,  15  L.  D.  418. 

A  mineral  location  can  not  be  made  on  lands  already  selected  for  a  reservoir  site 
and  the  locator  acquires  no  rights  under  his  mining  entry,  but  such  entry  may  be 
permitted  if  it  subsequently  appears  that  the  land  is  not  required  for  reservoir  purposes. 

Colomakas  Gold  Min.  Co.,  28  L.  D.  172,  p.  174. 
See  Gabathuler,  In  re,  15  L.  D.  418. 

E.  CLAIMS  INITIATED  UNDER  ACT. 

The  filing  of  a  declaratory  statement  followed  by  a  declaratory  settlement,  resi- 
dence, and  improvements  constitute  a  bona  fide  claim  lawfully  initiated  vvithin  the 
meaning  of  this  section. 

Thomaa  v.  Thomassen,  16  L.  D.  52,  p.  54. 


SETTLERS^  RELIEF  ACTS,  PP.  1215-1234. 


1229 


27  STAT.  390,  AUGUST  5,  1892. 

SETTLEMENTS  ON  RAILROAD  LANDS— NORTH  AND  SOUTH  DAKOTA. 

AN  ACT  For  the  relief  of  settlers  upon  certain  lands  in  the  States  of  North  Dakota 

and  South  Dakota. 

Whereas  under  the  rulings  of  the  General  Land  Office  the  extension 
into  Dakota  Territory,  now  States  of  North  Dakota  and  South  Dakota, 
of  the  limits  of  the  grants  of  land  made  by  Congress  to  aid  in  the 
construction  of  the  several  lines  of  railroad  now  owned  by  the  Saint 
Paul,  Minneapolis  &  Manitoba  Railway  Co.  was  denied,  and  in 
consequence  of  said  rulings  lands  within  the  limits  of  the  said  gi  ants 
in  the  said  States  have  been  claimed,  settled  upon,  occupied,  and 
improved  by  numerous  persons  in  good  faith  under  color  of  title  or  of 
right  to  do  so  derived  from  the  various  laws  of  the  United  States 
relating  to  the  public  domam,  and  are  now  claimed  by  them,  their 
heirs,  or  assigns,  and  many  of  said  lands  have  actually  been  patented 
to  such  occupants  or  to  their  grantors;  and 

Whereas  under  recent  construction  of  said  grants  the  said  occu- 

Eants,  improvers,  or  purchasers  are  liable  to  be  evicted  from  their 
oldings:  Now,  therefore,  for  the  purpose  of  relieving  the  said  occu- 

gants,  improvers,  and  purchasers  of  the  said  granted  lands  from  the 
ardship  of  being  now  deprived  of  the  same  under  the  circumstances 
aforesaid, 

Be  it  enacted,  etc..  That  the  Secretary  of  the  Interior  shall,  as  soon 
as  conveniently  may  be  done,  cause  to  be  prepared  and  delivered  to 
the  said  railway  company  a  list  of  the  several  tracts  which  have  been 
purchased,  claimed,  occupied,  and  improved,  as  stated  in  section  2 
of  this  act,  and  are  now  claimed  by  such  purchasers  or  occupants, 
their  heirs  or  assigns,  according  to  the  smallest  Government  sub- 
divisions. Within  a  reasonable  time  after  the  receipt  by  the  said 
railway  company  of  the  said  list,  it  shall  execute  under  its  corporate 
seal  and  deliver  to  the  Secretary  of  the  Interior  its  deed  of  conveyance, 
releasing  to  the  United  States  all  its  claims  upon  the  lands  described 
in  said  list,  and  shall  also  procure  and  cause  to  be  released  to  the 
United  States  all  liens  and  claims  to  said  lands  derived  through  or 
under  said  company,  whereupon  aU  right,  title,  and  interest  of  the 
said  railway  company  to  each  of  such  tracts  shaU  revert  to  the 
United  States,  and  such  tracts  shaU  be  treated,  under  the  laws  thereof, 
in  the  same  manner  as  if  no  rights  thereto  had  ever  vested  in  the  said 
railway  company,  and  all  qualified  persons  who  have  occupied  and 
made  improvements  on  said  lands,  as  herein  provided,  or  who  have 
purchased  said  lands  in  good  faith,  their  heirs  and  assigns,  shall  be 
permitted  to  perfect  their  titles  to  said  lands  according  to  law  as  if 
said  grants  had  never  been  made. 

Sec.  2.  That  the  said  railway  company  is  hereby  permitted  to  select, 
in  lieu  of  any  lands  forming  odd-numbered  sections  or  parts  thereof 
situated  in  the  State  of  North  Dakota  or  in  the  State  of  South  Dakota, 
within  the  ten-mile  limits  of  a  grant  of  lands  made  to  the  Territory 
of  Minnesota  by  act  of  Congress,  entitled  ^'An  act  making  a  grant  of 
land  to  the  Territory  of  Minnesota,  in  alternate  sections,  to  aid  in  the 
construction  of  certain  railroads  in  said  Territory,  and  granting  public 
lands,  in  alternate  sections,  to  the  State  of  Alabama,  to  aid  in  the 
construction  of  a  certain  railroad  in  said  State,"  approved  March  3, 


1230 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


1857  (11  Stat.  195),  as  amended  by  an  act  of  Congress,  entitled  ''An 
act  extending  the  time  for  the  completion  of  certain  land-grant  rail- 
roads in  the  States  of  Minnesota  and  Iowa,  and  for  other  purposes,"  ap- 
proved March  3, 1865  (13  Stat.  526),  and  of  a  grant  made  by  act  of  Con- 
gress entitled  ''An  act  authorizing  the  Saint  Paul  &  Pacific  Railroad 
Co.  to  change  its  line  in  consideration  of  a  relinquishment  of  lands," 
approved  March  3,  1871  (16  Stat.  588),  opposite  to  and  coterminous 
with  such  portion  of  said  railroad  as  was  constructed  and  completed 
within  the  time  required  by  the  said  grant  and  the  acts  amendatory 
thereof  for  the  construction  and  completion  of  the  whole  of  said  rail- 
road, which,  prior  to  January  1,  1891,  any  person  had  purchased  or 
occupied  or  improved,  in  good  faith,  under  color  of  title  or  right  to 
do  so,  derived  from  any  law  of  the  United  States  relating  to  the  public 
domain,  but  not  including  any  lands  within  the  limits  of  the  grant, 
to  aid  in  the  construction  of  the  Saint  Vincent  branch  of  said  road, 
as  located  under  the  act  of  March  3,  1871  (16  Stat.  588),  upon  which 
any  person  or  persons  had,  in  good  faith,  settled  and  made  or  acquired 
valuable  improvements  thereon  prior  to  March,  1877,  an  equal 
quantity  of  nonmineral  public  lands,  so  classified  as  nonmineral  at 
the  time  of  actual  Government  survey  which  has  been  or  shall  be 
made,  of  the  United  States  not  reserved  and  to  which  no  adverse 
right  or  claim  shall  have  attached  or  have  been  initiated  at  the  time 
of  the  making  of  such  selection  lying  within  any  State  into  or  through 
which  the  railway  owned  by  said  railway  company  runs,  to  the 
extent  of  the  lands  so  relinquished  and  released.    *    *  * 

A.  LANDS  SUBJECT  TO  SALE  UNDER  GRANT. 

B.  INDEMNITY    SELECTIONS    BY    RAILROAD— CONSIDERATION. 

C.  RETURN  OF  LANDS  AS  MINERAL  NOT  A  CLASSIFICATION. 

A,  LANDS  SUBJECT  TO  SALE  UNDER  GRANT. 

Lands  subject  to  sale  under  this  grant  are  restricted  to  nonmineral  lands  so  classified 
at  the  time  of  the  Government  Survey,  not  reserved,  and  to  which  no  adverse  right 
or  claim  had  attached  or  been  initiated. 

St.  Paul,  etc.,  R.  Co.,  In  re,  18  L.  D.  258. 

B.  INDEMNITY  SELECTIONS  BY  RAILROAD— CONSIDERATION. 

In  consideration  of  the  relinquishment  of  certain  lands  in  Dakota  the  railroad 
company  by  this  act  was  permitted  to  select  an  equal  quantity  of  nonmineral  public 
lands  classified  as  nonmineral  at  the  time  of  actual  Government  survey  which  has  been 
or  shall  be  made. 

Bedel  v.  St.  Paul,  etc.,  R.  Co.,  29  L.  D.  254,  p.  255. 

Under  this  act  lands  classified  as  nonmineral  at  the  time  of  actual  Government 
survey  may  properly  be  selected  by  the  railroad  company  under  this  grant. 
Bedel  v.  St.  Paul,  etc.,  R.  Co.,  29  L.  D.  254,  p.  255. 

C.  RETURN  OF  LANDS  AS  MINERAL  NOT  A  CLASSIFICATION. 

A  return  of  lands  as  mineral  prior  to  the  public  survey  can  not  be  considered  as  a 
classification  of  lands  as  mineral  at  the  time  of  the  actual  Government  survey  within 
the  meaning  of  the  act. 

St.  Paul,  etc.,  R.  Co.,  In  re,  34  L.  D.  211,  p.  212. 


SETTLEKS'  RELIEF  ACTS,  PP.  1215-1234. 


1231 


33  STAT.  556,  APRIL  28,  1904. 

SETTLEMENTS  ON  RAILROAD  LANDS— NEW  MEXICO. 

AN  Ad'  For  the  relief  of  small-holding  settlers  within  the  limits  of  the  grant  of  land 
to  the  Atlantic  &  Pacific  Railroad  Co.  in  the  Territory  of  New  Mexico. 

Be  it  enacted,  etc.,  That  the  Atlantic  &  Pacific  Railroad  Co.,  its 
successors  in  interest  and  its  or  their  assigns,  may,  when  requested 
by  the  Secretary  of  the  Interior  so  to  do,  relinquish  or  deed,  as  may 
be  proper,  to  the  United  States  any  section  or  sections  of  its  or  their 
lands  in  the  Territory  of  New  Mexico  the  title  to  which  was  derived 
by  said  railroad  company  through  the  act  of  Congress  of  July  27, 
1866  (14  Stat.  294),  in  aid  of  the  construction  of  said  railroad,  any 
portion  of  which  section  is  and  has  been  occupied  by  any  settler  or 
settlers  as  a  home  or  homestead  by  themselves  or  their  predecessors 
in  interest  for  a  period  of  not  less  than  25  years  next  before  the  pas- 
sage of  this  act,  and  shall  then  be  entitled  to  select  in  lieu  thereof,  and 
to  have  patented  other  sections  of  vacant  public  land  of  equal  qual- 
ity in  said  Territory,  as  may  be  agreed  upon  with  the  Secretary  of 
the  Interior. 

Sec.  2.  That  the  Secretary  of  the  Interior  shall,  as  soon  as  may  be 
after  the  passage  of  this  act,  cause  inquiry  to  be  made  of  all  lands  so 
held  by  settlers,  and  shall  cause  the  holdings  of  such  settlers  to  be 
surveyed,  and  on  receiving  such  relinquishments  or  deeds  shall  at 
once,  without  cost  to  the  settlers,  cause  patents  to  issue  to  each 
such  settler  for  his  or  her  such  holdings:  Provided,  That  not  to 
exceed  160  acres  shall  be  patented  to  any  one  person,  and  such 
recipient  must  possess  the  qualifications  necessary  to  entitle  him 
or  her  to  enter  such  land  under  the  homestead  laws. 

Sec.  3.  That  any  fractions  of  any  such  sections  of  land  remaining 
after  the  issuance  of  patents  to  the  settlers  as  aforesaid  shall  be  sub- 
ject to  entry  by  citizens  the  same  as  other  public  lands  of  the  United 
States. 

34  STAT.  1408,  MARCH  4,  1907. 

HOMESTEADS  IN  ALABAMA. 

AN  ACT  To  amend  an  act  entitled  "An  act  for  the  relief  of  certain  homestead  settlers 
in  the  State  of  Alabama,"  approved  February  24,  1905. 

Be  it  enacted,  etc.,  That  the  act  entitled  ^'An  act  for  the  relief  of 
certain  homestead  settlers  in  the  State  of  Alabama,"  approved 
February  24,  1905  (33  Stat.  813),  be,  and  the  same  is  hereby,  amended 
so  as  to  read  as  follows: 

^'  That  where  any  homestead  entry  heretofore  allowed  by  the 
officers  of  the  Land  Department  for  lands  within  the  limits  of  the 
grant  made  by  act  of  Congress  approved  June  3,  1856  (11  Stat.  18), 
to  the  State  of  Alabama  in  aid  of  the  construction  of  the  railroad 
known  as  the  Mobile  &  Girard  Railroad  has  been  canceled  because 
of  a  superior  claim  to  the  land  through  purchase  from  the  railroad 
company,  which  claim  has  been  held  to  have  been  confirmed  and-  a 
confirmatory  patent  issued  for  the  land  under  the  provisions  of 
section  4  of  the  act  of  March  3,  1887  (24  Stat.  556),  or  where  any 
homestead  entry  has  been  made  on  lands  granted  by  the  Congress 
of  the  United  States  to  the  State  of  Alabama,  to  aid  in  the  construc- 
tion of  the  Mobile  &  Girard  Railroad,  or  the  Tennessee  &  Coosa 


1232  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Railroad,  which  said  lands  lie  opposite  to  and  coterminus  with  those 
portions  of  either  of  said  roads  which  were  constructed  prior  to  the 
passage  of  the  forfeiture  act  of  September  29,  1890  (25  Stat.  496), 
the  title  to  which  is  asserted  and  claimed  by  the  vendee,  or  successor 
in  interest  of  either  of  said  railroad  companies,  such  homesteader 
is  hereby  accorded  the  privilege  of  transferring  his  claim  thus  initiated 
under  the  homestead  laws  to  any  other  nonmineral  unappropriated 
public  land  subject  to  homestead  entry,  with  full  credit  for  the  period 
of  residence  and  for  improvements  made  upon  his  said  homestead 
entry  prior  to  the  order  of  its  cancellation,  or  prior  to  the  passage 
of  this  act:  Provided,  That  he  has  not  forfeited  or  voluntarily 
abandoned  his  homestead  claim  and  that  his  application  for  transfer 
is  presented  within  one  year  from  the  date  of  the  passage  of  this  act. 

Should  such  homesteader  elect,  however,  to  retain  the  tract 
embraced  in  his  homestead  entry  heretofore  canceled,  or  the  tract 
so  entered  by  him,  the  title  to  which  may  be  claimed  by  the  vendee 
or  successor  in  interest  of  either  of  said  railroad  companies,  the  holder 
of  the  patented  title,  through  the  railroad  grant,  or  of  the  title  so 
claimed  and  asserted  by  any  person,  association,  or  corporation 
under  either  of  said  railroad  grants  as  aforesaid  shall  thereupon  be 
invited  to  relinquish  or  reconvey  to  the  United  States  of  America 
the  land  included  in  such  homestead  entry,  and  upon  filing  such 
relinquishment  or  reconveyance  the  party  making  such  relinquish- 
ment or  reconveyance  shall  be  entitled  to  select  and  receive  patent 
for  an  equal  quantity  of  nontimbered,  nonmineral,  and  unappropri- 
ated surveyed  public  lands  subject  to  homestead  entry  within  three 
years  after  the  passage  of  this  act,  and  upon  the  filing  of  such  re- 
linquishment or  reconveyance  all  right,  title,  and  interest  under 
and  through  either  of  the  said  railroad  grants  or  the  confirmatory 
patent  hereinbefore  referred  to  shall  revert  to  the  United  States, 
and  the  tract  thus  relinquished  or  reconveyed  shall  be  treated  and 
disposed  of  as  other  public  lands  of  the  United  States:  Provided, 
however.  That  such  previous  homesteader  shall  be  reinstated  in  his 
rights  and  permitted  to  complete  title  to  the  land  previously  entered 
as  though  no  cancellation  of  his  homestead  entry  had  been  made  or 
the  title  to  the  land  had  not  been  claimed  and  asserted  adversely 
to  him  as  aforesaid:  Provided,  That  such  homesteader  or  vendee  or 
successor  in  interest  of  either  of  said  railroad  companies  shall  not 
be  permitted  to  select  more  than  160  acres  of  lands  in  one  section 
nor  more  than  320  acres  of  contiguous  lands." 

Sec.  2.  That  the  Secretary  of  the  Interior  shall  prescribe  rules 
and  regulations  for  the  administration  of  this  act. 

A.  SETTLERS'  BELIEF  ACT— WITHDRAWALS. 

1.  Mineral  lands  not  subject  to  selections. 

2.  Nonmineral  lands  unaffected  by  subsequent  discover- 

ies. 

1.  mineral  lands  not  subject  to  selections. 

The  rule  that  title  to  land  not  known  to  be  mineral  at  date  of  selection  of  an  entry- 
will  not  be  affected  by  later  mineral  discovery  does  not  apply  to  a  case  where  land 
was  withdrawn  at  the  time  a  selection  was  made  and  which  has  since  been  classified 
as  coal. 

Culver,  In  re,  40  L.  D.  593,  p.  594. 


settlers'  REl.TEF  ACTS,  PP.  1215-12.34. 


1233 


Under  this  act  no  mineral  land  is  subject  to  selection,  but  by  virtue  of  the  act  of 
March  3,  1909  (35  Stat.  844),  a  selection  must  necessarily  be  canceled;  and  only  by 
compliance  with  this  latter  act  can  a  selection  by  an  applicant  be  permitted  to  stand. 

Hurley,  In  re,  40  L.  D.  591,  p.  592. 

35  STAT.  48,  MARCH  26,  1908. 

CANCELLATION  OF  ENTIRES— REPAYMENT  OF  MONEY. 

AN  ACT  To  provide  for  the  repayment  of  certain  commissions,  excess  payments, 
and  purchase  moneys  paid  under  the  public  laws. 

Be  it  enacted,  etc.,  That  where  purchase  moneys  and  commissions 
paid  under  any  public  land  law  have  been  or  shall  hereafter  be 
covered  into  the  Treasury  of  the  United  States  under  any  application 
to  make  any  filing,  location  selection,  entry,  or  proof,  such  purchase 
moneys  and  commissions  shall  be  repaid  to  the  person  who  made 
such  application,  entry,  or  proof,  or  to  his  legal  representative,  in 
all  cases  where  such  application,  entry,  or  proof  has  been  or  shall 
hereafter  be  rejected;  and  neither  such  applicant  nor  his  legal  repre- 
sentatives shall  have  been  guilty  of  any  fraud  or  attempted  fraud  in 
connection  with  such  application. 

Sec.  2.  That  in  all  cases  where  it  shall  appear  to  the  satisfaction 
of  the  Secretary  of  the  Interior  that  any  person  has  heretofore  or 
shall  hereafter  make  any  payments  to  the  United  States  under  the 
public  land  laws  in  excess  of  the  amount  he  was  lawfully  required  to 
pay  under  such  laws,  such  excess  shall  be  repaid  to  such  person  or  to 
his  legal  representatives. 

Sec.  3.  That  when  the  Commissioner  of  the  General  Land  Office 
shall  ascertain  the  amount  of  any  excess  moneys,  purchase  moneys, 
or  commissions  in  any  case  where  repayment  is  authorized  by  this 
statute,  the  Secretary  of  the  Interior  shall  at  once  certify  such 
amounts  to  the  Secretary  of  the  Treasury,  who  is  hereby  authorized 
and  directed  to  make  repayment  of  all  amounts  so  certified  out  of 
any  moneys  not  otherwise  appropriated  and  issue  his  warrant  in 
settlement  thereof. 

A.  SETTLERS'  RELIEF  ACT. 

1.  MINERAL  ENTRIES  CANCELED — REPAYMENT. 

This  act  is  supplemental  to  the  act  of  June  16,  1880  (21  Stat.  287),  and  it  affords 
relief  in  cases  of  mineral  entries  disallowed  or  canceled  because  of  lack  of  proof  of 
discovery. 

Hawk,  In  re,  41  L.  D.  350,  p.  353. 

Repayment  of  the  purchase  money  paid  in  connection  with  a  mineral  entry  is 
authorized  by  this  act  where  the  entry  was  canceled  or  rejected  because  of  the  lack  of 
sufficient  proof  to  establish  discovery  of  mineral. 

Hawk,  In  re,  41  L.  D.  350,  p.  352. 

An  honest  mistake  made  by  a  locator  of  a  mining  claim  in  stating  that  the  land  was 
valuable  for  mineral  deposits,  when  in  fact  no  sufficient  discovery  under  the  statute 
was  made  and  the  entry  was  not  allowed,  is  sufficient  to  authorize  repayment  under 
this  act,  in  the  absence  of  proof  of  fraud. 

Hawk,  In  re,  41  L.  D.  350,  p.  353. 


1234  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


35  STAT.  645,  FEBRUARY  24,  1909. 

MINERAL  SURVEYS— REPAYMENT. 

AN  ACT  For  relief  of  applicants  for  mineral  surveys. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Treasury  be,  and  he 
is  hereby,  authorized  and  directed  to  pay,  out  of  the  moneys  hereto- 
fore or  hereafter  covered  into  the  Treasury  from  deposits  made  by 
mdividuals  to  cover  cost  of  work  performed  and  to  be  performed  in 
the  offices  of  the  United  States  surveyors  general  in  connection  with 
the  survey  of  mineral  lands,  any  excess  in  the  amount  deposited 
over  and  above  the  actual  cost  of  the  work  performed,  including  all 
expenses  incident  thereto  for  which  the  deposits  were  severally  made 
or  the  whole  of  any  unused  deposit;  and  such  sums,  as  the  several 
cases  may  be,  shall  be  deemed  to  be  annually  and  permanently 
appropriated  for  that  purpose.  Such  repayments  shall  be  made  to 
the  person  or  persons  who  made  the  several  deposits,  or  to  his  or 
their  legal  representatives,  after  the  completion  or  abandonment  of 
the  work  for  which  the  deposits  were  made,  and  upon  an  account 
certified  by  the  surveyor  general  of  the  district  in  which  the  mineral 
land  surveyed,  or  sought  to  be  surveyed  is  situated  and  approved  by 
the  Commissioner  of  the  General  Land  Office. 

A.  MINERAL  SURVEYS— RELIEF. 

1.  Repayment  of  excessive  deposits. 

2.  Cost  of  mineral  surveys — Ascertainment. 

1.  repayment  of  excessive  deposits. 

Prior  to  the  adoption  of  this  act  there  was  no  authority  for  the  repayment  of  any 
excess  of  an  amount  deposited  for  the  platting  of  a  mineral  claim  and  other  office  work 
in  the  surveyor  general's  office. 

Hanson,  In  re,  38  L.  D.  169,  p.  171. 
Hanson,  In  re,  38  L.  D.  469. 

This  act  authorizes  the  Secretary  of  the  Treasury  to  pay  out  of  money  covered  into 
the  Treasury  by  individuals  to  cover  the  cost  of  work  performed  in  connection  with 
the  survey  of  mineral  lands  any  excess  over  and  above  the  actual  cost  of  work  per- 
formed and  the  repayment  is  to  be  made  upon  an  account  certified  by  the  surveyor 
general  and  approved  by  the  Commissioner  of  the  General  Land  Office, 

Hanson,  In  re,  38  L.  D.  169,  p.  170. 
Hanson,  In  re,  38  L.  D.  469. 

2.   COST  OF  MINERAL  SURVEYS — ASCERTAINMENT. 

The  cost  of  platting  and  of  making  copies  of  the  plat  and  field  notes  required  in  min- 
eral surveys  should  be  ascertained  by  the  value  and  the  usual  charge  for  such  work  at 
the  time  it  was  rendered,  and  the  other  expenses  incident  thereto  should  be  ascer- 
tained from  such  data  and  information  as  will  show  what  proportion  of  the  estimated 
costs  such  expenses  bear  to  the  whole  amount. 

Hanson,  In  re,  38  L.  D.  169,  p.  171. 

Where  office  work  is  performed  by  a  special  mineral  survey  force  the  expense  and 
actual  cost  of  the  same  must  be  paid  out  of  the  deposit,  and  the  applicant  has  no  interest 
therein  or  claim  thereto. 

Hanson,  In  re,  38  L.  D.  469,  p.  472. 


SHERMAN  ANTITRUST  ACT— COAL  COMPANIES. 


See  Pipe  lines— Regulations,  p.  1008. 

26  ST^T.  209,  JULY  2.  1890. 

COMBINATIONS. 

AN  ACT  To  protect  trade  and  commerce  against  unlawful  restraints  and  monopolies. 

Be  it  enacted,  etc.,  Every  contract,  combination  in  the  form  of 
trust  or  otherwise,  or  conspiracy,  in  restraint  of  trade  or  commerce 
among  the  se\eral  Stages,  or  with  foreign  nations,  is  hereby  declared 
to  be  illegal.  E^^ery  person  who  shall  make  any  such  contract  or 
engage  in  ajiy  such  combination  or  conspiracy,  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  on  con\>iction  thereof,  shall  be  punished  by 
fine  not  exceeding  $5,000,  or  by  imprisonment  not  exceeding  one 
year,  or  by  both  said  punishments,  in  the  discretion  of  the  court. 

Sec.  2.  Every  person  who  shall  monopolize,  or  attempt  to  monopo- 
lize, or  combine  or  conspire  with  any  other  person  or  persons,  to 
monopolize  any  part  of  the  trade  or  commerce  among  the  several 
States,  or  with  foreign  nations,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction  thereof,  shall  be  punished  by  fine  not 
exceeding  $5,000,  or  by  imprisonment  not  exceeding  one  year,  or  by 
both  said  punishments,  in  the  discretion  of  the  court. 

Sec.  3.  Every  contract,  combination  in  form  of  trust  or  other- 
wise, or  conspiracy,  in  restraint  of  trade  or  commerce  in  any  Terri- 
tory of  the  United  States  or  of  the  District  of  Columbia,  or  in  restraint 
of  trade  or  commerce  between  any  such  Territory  and  another,  or 
between  any  such  Territory  or  Territories  and  any  State  or  States 
or  the  District  of  Columbia,  or  with  foreign  nations,  or  between  the 
Distrit  of  Columbia  and  any  State  or  States  or  foreign  nations,  is 
hereby  declared  illegal.  Every  person  who  shall  make  any  such 
contract  or  engage  in  any  such  combination  or  conspiracy,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall  be 
punished  by  fine  not  exceeding  $5,000,  or  by  imprisonment  not 
exceeding  one  year,  or  by  both  said  punishments,  in  the  discretion 
the  court. 

Sec.  6.  Any  property  owned  under  any  contract  or  by  any  combi- 
nation, or  pursuant  to  any  conspiracy  (and  being  the  subject  thereof) 
mentioned  in  section  1  of  this  act,  and  being  in  the  course  of  trans- 
portation from  one  State  to  another,  or  to  a  foreign  country,  shall  be 
forfeited  to  the  Ufiited  States,  and  may  be  seized  and  condemned 
by  like  proceedings  as  those  provided  by  law  for  the  forfeiture,  seiz- 
ure, and  condemnation  of  property  imported  into  the  United  States 
contrary  to  law. 

1235 


1236 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


A.  SHERMAN  ANTITRUST  ACT. 

1.  Combinations — Extent  of  act. 

2.  Combinations — Right  of  coal  company  to  refuse  to  sell. 

1.  combinations — EXTENT  OF  ACT. 

See  24  Stat.  379. 

This  act  does  not  denounce  every  combination  to  engage  in  or  to  conduct  commerce 
among  the  States,  but  it  condemns  those  combinations  alone  which  restrain  such  com- 
merce and  those  only  the  necessary  effect  of  which  is  to  stifle  and  directly  and  sub- 
stantially to  restrict  free  competition  in  such  commerce,  nor  is  the  combination  con- 
demned where  it  only  incidentally  and  indirectly  restricts  competition. 

Union  Pac.  Coal  Co.  v.  United  States,  173  Fed.  737,  p.  739. 

2.  COMBINATIONS — RIGHT  OF  COAL  COMPANY  TO  REFUSE  TO  SELL. 

There  is  nothing  in  this  act  which  deprives  a  coal  company  of  any  of  the  common 
rights  of  the  owners  and  venders  of  merchandise,  and  if  such  coal  company  did  not 
combine  with  others  so  to  do  its  mere  refusal  to  sell  its  coal  to  a  certain  person  on  cer- 
tain conditions  is  not  in  violation  of  this  act. 

Union  Pac.  Coal  Co.  v.  United  States,  173  Fed.  737,  p.  739. 

See  Morris  Run  Coal  Co.  v.  Barclay  Coal  Co.,  68  Pa.  St.  173,  p.  186. 

A  coal  company  engaged  in  mining  and  selling  its  coal  is  not  prohibited  by  this  act 
from  refusing  to  sell  its  coal  to  a  particular  person  nor  from  selecting  its  customers, 
fixing  the  price  and  terms  of  the  sale,  nor  from  selling  to  different  persons  at  different 
prices. 

Union  Pac.  Coal  Co.  v.  United  States,  173  Fed.  737,  p.  739. 


SOLDIERS'  ADDITIONAL  HOMESTEAD  RIGHTS. 


17  STAT.  333,  JUNE  8,  1872. 

ADDITIONAL  HOMESTEAD  RIGHTS  TO  SOLDIERS. 

AN  ACT  To  amend  an  act  relating  to  soldiers'  and  sailors'  homesteads. 

Be  it  enacted,  etc.,  That  the  act  entitled  ''An  act  to  enable  honor- 
ably discharged  soldiers  and  sailors,  their  widows  and  orphan  chil- 
dren, to  acquire  homesteads  on  the  public  lands  of  the  United  States," 
approved  April  4,  1872  (17  Stat.  49),  be,  and  the  same  is  hereby, 
amended  so  as  to  read  as  follows:  That  every  private  soldier  and 
officer  who  has  served  in  the  Army  of  the  United  States  during  the 
recent  rebellion  for  90  days,  or  more,  and  who  was  honorably  dis- 
charged, and  has  remained  loyal  to  the  Government,  including  the 
troops  mustered  into  the  service  of  the  United  States  by  virtue  of 
the  third  section  of  an  act  entitled  ''An  act  making  appropriations 
for  completing  the  defenses  of  Washington,  and  for  other  purposes," 
approved  February  13,  1862  (12  Stat.  339),  and  every  seaman, 
marine,  and  officer  who  has  served  in  the  Navy  of  the  United  States, 
or  in  the  Marine  Corps,  during  the  rebellion,  for  90  days,  and  who  was 
honorably  discharged,  and  has  remained  loyal  to  the  Government, 
shall,  on  compliance  with  the  provisions  of  an  act  entitled  "An  act  to 
secure  homesteads  to  actual  settlers  on  the  public  domain"  (12  Stat. 
392),  and  the  acts  amendatory  thereof,  as  hereinafter  modified,  be 
entitled  to  enter  upon  and  receive  patents  for  a  quantity  of  public 
lands  (not  mineral)  not  exceeding  160  acres,  or  one  quarter  section, 
to  be  taken  in  compact  form,  according  to  legal  subdivisions,  in- 
cluding the  alternate  reserved  sections  of  public  lands  along  the  line 
of  any  railroad  or  other  pubhc  work,  not  otherwise  reserved  or  appro- 
priated, and  other  lands  subject  to  entry  under  the  homestead  laws 
of  the  United  States:  Provided,  That  said  homestead  settler  shall 
be  allowed  six  months  after  locating  his  homestead,  and  filing  his 
declaratory  statement,  within  which  to  make  his  entry  and  com- 
mence his  settlement  and  improvement:  And  provided  also.  That 
the  time  which  the  homestead  settler  shall  have  served  in  the 
Army,  Navy,  or  Marine  Corps  aforesaid  shall  be  deducted  from  the 
time  heretofore  required  to  perfect  title,  or  if  discharged  on  account 
of  wounds  received,  or  disability  incurred  in  the  line  of  duty,  then 
the  term  of  enlistment  shall  be  deducted  from  the  time  heretofore 
required  to  perfect  title,  without  reference  to  the  length  of  time  he 
may  have  served :  Provided,  however,  That  no  patent  shall  issue  to  any 
homestead  settler  who  has  not  resided  upon,  improved,  and  cultivated 
his  said  homestead  for  a  period  of  at  least  one  year  after  he  shall 
commence  his  improvements  as  aforesaid.    *    *  * 

1237 


1238  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


17  STAT.  605,  MARCH  3,  1873. 

HOMESTEAD  RIGHTS  TO  SOLDIERS— AMENDMENT. 

AN  ACT  To  amend  an  act  entitled  ''An  act  to  enable  honorably  discharged  soldiers 
and  sailors,  their  widows  and  orphan  children,  to  acquire  homesteads  on  the  public 
lands  of  the  United  States,"  and  the  amendments  thereto. 

Be  it  enacted,  etc.,  That  section  2  of  the  act  entitled  ^'An  act  to 
amend  an  act  relating  to  soldiers'  and  sailors'  homesteads,"  approved 
June  8,  1872  (17  Stat.  49),  be  amended  so  as  to  read  as  follows:  ''That 
any  person  entitled  under  the  provisions  of  the  foregoing  sections  to 
enter  a  homestead,  who  may  have  heretofore  entered  under  the  home- 
stead laws  a  quantity  of  land  less  than  160  acres,  shall  be  permitted 
to  enter  so  much  land  as,  when  added  to  the  quantity  previously 
entered^  shall  not  exceed  160  acres." 

A.  SOLDIERS'  HOMESTEAD  RIGHTS. 

1.  Right  to  locate  lands  withdkawn  for  coal  classifica- 

tion. 

2.  Coal  character  of  land — Time  of  determination. 

1.  RIGHT  to  locate  LANDS  WITHDRAWN  FOR  COAL  CLASSIFICATION. 

See  35  Stat.  844,  p.  812;  36  Stat.  583,  p.  816. 

Lands  withdrawn  from  the  public  domain  or  classified  as  coal  are,  by  the  act  of  June 
22,  1910  (36  Stat.  583),  subject  to  entry  by  actual  settlers  only,  and  such  lands  are  not 
subject  to  soldiers'  additional  homestead  rights. 

Jenne,  In  re,  40  L.  D.  408,  p.  409. 

A  substitution  of  a  soldiers'  additional  homestead  right  filed  in  lieu  of  a  similar  right 
formerly  held  invalid  does  not  relate  back  to  the  date  of  the  original  application,  but 
runs  only  from  the  date  of  the  last  application  under  such  substitution,  and  if  at  such 
date  the  land  applied  for  was  embraced  in  a  coal-land  withdrawal,  the  substituted 
application  is  unavailing. 

Jenne,  In  re,  40  L.  D.  408,  p.  408. 

An  application  to  locate  a  soldiers'  additional  homestead  right  presented  prior  to 
June  22,  1910,  and  pending  at  the  time  of  an  order  of  withdrawal  of  lands  for  coal  clas- 
sification under  the  act  of  that  date  (36  Stat.  583),  is  not  thereby  defeated,  but  the 
applicant  can  receive  only  a  limited  patent  for  the  land  in  accordance  with  the  pro- 
visions of  that  act. 

Moore,  In  re,  40  L.  D.  461,  p.  462. 

2.  COAL  CHARACTER  OF  LAND — TIME  OF  DETERMINATION. 

WTien  the  right  to  a  patent  under  the  soldiers'  additional  homestead  law  depends 
upon  whether  the  land  is  agricultural  or  is  known  to  be  chiefly  valuable  for  coal,  that 
question  must  be  determined  according  to  the  conditions  existing  at  the  time  when 
the  applicant  complies  with  all  the  requirements  of  the  statute  and  the  regulations 
properly  prescribed,  and  if  the  land  is  not  then  known  to  be  chiefly  valuable  for  coal 
he  acquires  a  right  to  a  patent  which  will  not  be  disturbed  by  a  subsequent  change 
in  the  conditions,  but  if  before  such  compliance  it  is  discovered  that  the  land  is  valu- 
able for  coal  nothing  that  he  may  subsequently  do  will  give  him  a  right  to  a  patent. 

Leonard  v.  Lennox,  181  Fed.  760,  p.  763. 


STATE  AND  PUBLIC  GRANTS. 


I.  STATE  GRANTS. 

II.  CITIES,  TOWNS,  AND  CORPORATIONS,  p.  1305. 

I.  STATE  GRANTS. 

2  STAT.  173,  APRIL  30,  1802. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  OHIO. 

AN  ACT  To  enable  the  people  of  the  eastern  division  of  the  territory  northwest  of 
the  River  Ohio  to  form  a  constitution  and  State  government,  etc. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  7.  And  be  it  further  enacted.  That  the  following  proposi- 
tions be,  and  the  same  are  hereby,  offered  to  the  convention  of  the 
eastern  State  of  the  said  territory,  when  formed,  for  their  free  ac- 
ceptance or  rejection,  which  if  accepted  by  the  convention  shall  be 
obligatory  upon  the  United  States.    *    *  * 

Second.  That  the  6-mile  reservation,  including  the  salt  springs 
commonly  called  the  Scioto  salt  springs,  the  salt  springs  near  the 
Muskingum  River,  and  in  the  military  tract,  with  the  sections  of  land 
which  include  the  same,  shall  be  granted  to  the  said  State  for  the  use 
of  the  people  thereof,  the  same  to  be  used  under  such  terms  and  con- 
ditions and  regulations  as  the  legislature  of  the  said  State  shall  direct: 
Provided,  The  said  legislature  shall  never  sell  or  lease  the  same  for 
a  longer  period  than  10  years. 

A.  SALT  SPRINGS  INCLUDED  IN  GRANT  TO  STATE. 

See  Lead  mines,  p.  1039;  Reservations,  p.  1159;  Salines  and  salt  springs,  p.  1194;  Settlers'  relief  acts,  p.  1215. 
The  salt  springs  mentioned  in  this  act  were  included  in  the  grant  to  the  State  of 
Ohio. 

Colorado,  In  re,  10  L.  D.  222,  p.  223. 
New  Mexico,  In  re,  35  L.  D.  1,  p.  4. 
Hall  v.  Litchfield,  2  C.  L.  0.  179. 

In  the  congressional  grant  to  Ohio,  in  addition  to  the  great  Scioto  salt  spring  reser- 
vation, the  salt  springs  near  the  Muskingum  River  and  in  the  military  tract,  and  the 
sections  of  land  in  which  the  same  were  located,  were  included. 

Alabama,  In  re,  21  L.  D.  320,  p.  322. 

2  STAT.  277,  MARCH  26,  1804. 

SALINES  AND  SALT  SPRINGS  RESERVED. 

AN  ACT  Making  provision  for  the  disposal  of  the  public  lands  in  the  Indiana  Ter- 
ritory. 

Be  it  enacted,  etc.    *    *  * 

Sec.  5.  And  be  it  further  enacted,  That  all  the  lands  aforesaid,  not 
excepted  by  virtue  of  the  preceding  section,  shall,  with  the  exception 

1239 


1240  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


of  section  16,  which  shall  be  reserved  in  each  township  for  the  support 
of  schools  within  the  same,  *  *  *  and  with  the  exception  also  of 
the  salt  springs  and  lands  reserved  for  the  use  of  the  same  as  herein- 
after directed,  be  offered  for  sale  to  the  highest  bidder,  under  the 
direction  of  the  surveyor  general,  or  governor  of  the  Indiana  Terri- 
tory.   *    *  * 

Sec.  6.  And  be  it  further  enacted.  That  all  the  navigable  rivers, 
creeks  and  waters,  within  the  Indiana  Territory,  shaU  be  deemed  to 
be  and  remain  public  highways;  and  the  several  salt  springs  in  the 
said  Territory,  together  with  as  many  contiguous  sections  to  each, 
as  shaU  be  deemed  necessary  by  the  President  of  the  United  States, 
shall  be  reserved  for  the  future  disposal  of  the  United  States.  And 
any  grant  which  may  hereafter  be  made  for  a  tract  of  land,  containing 
a  salt  spring  which  had  been  discovered  previous  to  the  purchase  of 
such  tract  from  the  United  States,  shaU  be  considered  as  fraudulent 
and  nuU. 

A.  SALT  SPRINGS  RESERVED. 

By  tnis  act  for  the  disposal  of  public  lands  in  the  Indiana  Territory  the  salt  springs, 
with  as  many  contiguous  sections  to  each  as  shall  be  deemed  necessary  by  the  Presi- 
dent, were  reserved  for  the  future  disposal  of  the  United  States. 

Colorado,  In  re,  10  L.  D.  222,  p.  223. 
Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  599. 
Hall  V.  Litchfield,  2  C.  L.  0.  179. 

This  act  recognizes  the  reservation  from  sale  of  salt  springs. 
Lease  of  Mineral  Lands,  In  re,  4  Op.  Atty.  Genl.,  480,  p.  488. 

2  STAT.  324,  MARCH  2,  1805. 

SALT  SPRINGS  AND  LEAD  MINES  RESERVED. 

AN  ACT  For  ascertaining  and  adjusting  the  titles  and  claims  to  land,  within  the  ter- 
ritory of  Orleans,  and  the  District  of  Louisiana. 

Be  it  enacted,  etc.,    *    *  *. 

Sec.  6.  And  be  it  further  enacted.  That  the  Secretary  of  the 
Treasury  shall  be,  and  he  is  hereby  authorized  to  employ  three  agents, 
one  for  each  board,  and  whose  compensation  shall  not  exceed  $1,500 
each,  for  the  purpose  of  appearing  before  the  commissioners,  in  be- 
half of  the  United  States,  to  investigate  the  claims  for  lands,  and  to 
oppose  all  such  as  said  agent  may  deem  fraudulent  and  unfounded. 
It  shall  also  be  the  duty  of  said  agent  for  the  district  of  Louisiana, 
to  examine  into  and  investigate  the  titles  and  claims,  if  any  there  be, 
to  the  lead  mines  within  the  said  district,  to  collect  aU  the  evidence 
within  his  power,  with  respect  to  the  claims  to,  and  value  of  said 
mines,  and  to  lay  the  same  before  the  commissioners,  who  shaU  make 
a  special  report  thereof,  with  their  opinions  thereon,  to  the  Secretary 
of  the  Treasury,  to  be  by  him  laid  before  Congress,  at  their  next  en- 
suing session    *    *  *. 

A.  SALT  SPRINGS  RESERVED. 

This  act,  as  amended  by  the  act  of  April  21,  1806  (2  Stat.  391),  providing  for  the 
future  disposal  of  public  lands,  contained  an  exception  of  salt  springs  and  lands  con- 
tiguous thereto. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  599. 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1307. 


1241 


2  STAT.  391,  APRIL  21,  1806. 

SALT  SPRINGS  RESERVED. 

AN  ACT  Supplementary  to  an  act  entitled  "An  act  for  ascertaining  and  adjusting 
titles  and  claims  to  land,  "  etc.  (2  Stat.  324). 

Be  it  enacted,  etc.,    *    *  *. 

Sec.  11.  And  be  it  further  enacted.  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized,  whenever  he  shall 
think  it  proper,  to  direct  so  much  of  the  pubhc  lands  lying  in  the 
western  district  of  the  territory  of  Orleans,  as  shall  have  been  sur- 
veyed in  conformity  with  the  provisions  of  the  act  to  which  this  act 
is  a  supplement,  to  be  offered  for  sale.  All  such  lands  shall,  with 
the  exception  of  the  section  No.  16,  which  shall  be  reserved  in  each 
towTiship  for  the  support  of  schools  within  the  same;  with  the  excep- 
tion also  of  an  entire  township  to  be  located  by  the  Secretary  of  the 
Treasury,  for  the  use  of  a  seminary  of  learning,  and  with  the  excep- 
tion also  of  the  salt  springs,  and  lands  contiguous  thereto,  which 
by  direction  of  the  President  of  the  United  States,  may  be  reserved 
for  the  future  (disposal)  of  the  said  States,  shall  be  offered  for  sale 
to  the  highest  bidder,  under  the  direction  of  the  register  of  the  land 
office,  of  the  receiver  of  pubhc  moneys,  and  of  the  principal  deputy 
surveyor;  and  on  such  day  or  days,  as  shall,  by  a  public  proclama- 
tion of  the  President  of  the  United  States,  be  designated  for  that 
purpose. 

2  STAT.  440,  MARCH  3,  1807. 

SALT  SPRINGS  AND  LEAD  MINES  RESERVED. 
AN  ACT  Respecting  claims  to  land  in  the  Territories  of  Orleans  and  Louisiana. 
Be  it  enacted,  etc.,    *    *  * 

Sec.  4.  And  be  it  further  enacted.  That  the  commissioners  ap- 
pointed or  to  be  appointed  for  the  purpose  of  ascertaining  the  rights 
of  persons  claiming  land  in  the  Territories  of  Orleans  and  Louisiana, 
shall  have  full  powers  to  decide  according  to  the  laws  and  established 
usages  and  customs  of  the  French  and  Spanish  Governments,  upon 
all  claims  to  lands  within  their  respective  districts,  where  the  claim 
is  made  by  any  person  or  persons,  or  the  legal  representative  of  any 
person  or  persons,  who  were  on  the  20th  of  December,  1803,  inhabit- 
ants of  Louisiana,  and  for  a  tract  not  exceeding  the  quantity  of 
acres  contained  in  a  league  square,  and  which  does  not  include 
either  a  lead  mine  or  salt  spring,  which  decision  of  the  commissioners 
when  in  favor  of  the  claimant  shall  be  final,  against  the  United 
States,  any  act  of  Congress  to  the  contrary  notwithstanding. 
******* 

2  STAT.  617,  FEBRUARY  15,  1811. 

SALINES  AND  SALT  SPRINGS— LEAD  MINES— LOUISIANA. 

AN  ACT  Providing  for  the  final  adjustment  of  claims  to  lands,  etc.,  in  Territories  of 

Orleans  and  Louisiana. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  10.  And  be  it  further  enacted,  That  the  President  of  the 
United  States  be,  and  he  is  hereby,  authorized,  whenever  he  shall 

56974°— Bull.  94,  pt  2—15  27 


1242  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


think  proper,  to  direct  so  much  of  the  public  lands  lying  in  the 
Territory  of  Louisiana,  as  shall  have  been  surveyed  in  conformity 
with  the  ninth  section  of  this  act,  to  be  offered  for  sale.  All  such 
lands  shall,  with  the  exception  of  the  section  No.  16,  which  shall  be 
reserved  in  each  township  for  the  support  of  schools  within  the  same, 
with  the  exception  also  of  a  tract  reserved  for  the  support  of  a  sem- 
inary of  learning,  as  provided  for  by  the  eighth  section  of  this  act, 
and  with  the  exception  also  of  the  salt  springs  and  lead  mines,  and 
land  contiguous  thereto,  which,  by  the  direction  of  the  President  of 
the  United  States,  may  be  reserved  for  the  future  disposal  of  the 
said  States,  shall  be  offered  for  sale  to  the  highest  bidder,  under  the 
direction  of  the  register  of  the  land  office,  and  the  receiver  of  public 
moneys,  and  of  the  principal  deputy  surveyor,  and  on  such  day  or 
days  as  shall,  by  public  proclamation  of  the  President  of  the  United 
States,  be  designated  for  that  purpose.    *    *  * 

2  STAT.  662,  MARCH  3,  1811. 

SALINES  AND  SALT  SPRINGS— LEAD  MINES— ORLEANS  AND  LOUISIANA. 

AN  ACT  Providing  for  the  final  adjustrnent  of  claims  to  lands,  and  for  the  sale  of  the 
public  lands  in  the  Territories  of  Orleans  and  Louisiana,  etc. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  10.  And  be  it  further  enacted,  That  the  President  of  the 
United  States  be,  and  he  is  hereby,  authorized,  whenever  he  shall 
think  proper,  to  direct  so  much  of  the  public  lands  lying  in  the  Terri- 
tory of  Louisiana,  as  shall  have  been  surveyed  in  conformity  with 
the  eighth  section  of  this  act,  to  be  offered  for  sale.  All  such  lands 
shall,  with  the  exception  of  the  section  No.  16,  which  shall  be  re- 
served in  each  township  for  the  support  of  schools  within  the  same, 
with  the  exception  also  of  a  tract  reserved  for  the  support  of  a  sem- 
inary of  learning,  as  provided  for  by  the  seventh  section  of  this  act, 
and  with  the  exception  also  of  the  saH  springs  and  lead  mines,  and 
lands  contiguous  thereto;  which,  by  the  direction  of  the  President 
of  the  United  States,  may  be  reserved  for  the  future  disposal  of  the 
said  States,  shall  be  offered  for  sale  to  the  highest  bidder.    *    *  * 

A.  SALT  SPRINGS  RESERVED. 

See  10  Stat.  308,  p.  1205. 

This  act  authorized  the  President  in  offering  lands  for  sale  to  except  salt  springs, 
lead  mines,  and  lands  contiguous  thereto  which  were  reserved  for  the  future  disposal 
of  the  States  to  be  carved  out  of  the  Territory  included  in  the  Louisiana  Pui'chase. 

Morton  v.  Nebraska,  88  U.  S.  (21  Wall.)  660,  p.  668. 

By  this  section  salt  springs  and  the  land  contiguous  thereto  were,  by  direction  of 
the  President,  reserved  for  future  disposal  of  the  States. 
Hall  V.  Litchfield,  3  C.  L.  O.  196. 

This  act  expressly  reserved  section  16  in  each  township  for  the  support  of  schools  and 
also  a  tract  for  the  support  of  a  seminary  of  learning,  with  the  exception  of  salt 
springs  and  lead  mines  and  lands  contiguous  thereto. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  599. 


STATE  AND  PUBLIC  GRANTS^  PP.  1239-1307. 


1243 


2  STAT.  448,  p.  449,  MARCH  3,  1807. 

LEAD  MINES  RESERVED. 
AN  ACT  Making  provision  for  disposal  of  public  lands,  etc. 
Be  it  enacted,  etc.,    *    *  * 

Sec.  5.  And  be  it  further  enacted,  That  the  several  lead  mines 
in  the  Indiana  Territory  together  with  as  many  sections  contiguous 
to  each  as  shall  be  deemed  necessary  by  the  President  of  the  United 
States  shall  be  reserved  for  the  future  disposal  of  the  United  States; 
and  any  grant  which  may  hereafter  be  made  for  a  tract  of  land  contain- 
ing a  lead  mine,  which  has  been  discovered  previous  to  the  purchase  of 
such  tract  from  the  United  States,  shall  be  considered  fraudulent 
and  null:  And  the  President  of  the  United  States  shall  be,  and  is 
hereby,  authorized  to  lease  any  lead  mine  which  has  been  or  may  here- 
after be  discovered  in  the  Indiana  Territory,  for  a  term  not  exceeding 
five  years. 

******* 

A.  CONSTRUCTION— TERRITORY  SAME  AS  LAND. 

B.  RESERVATION  OF  MINES. 

C.  LEAD  MINES,  p.  1244. 

A.  CONSTRUCTION— TERRITORY  SAME  AS  LAND. 

See  2  Stat.  445,  p.  1197. 

The  term  "territory,"  as  used  in  the  statute,  is  merely  descriptive  of  one  kind  of 
property  and  is  equivalent  to  the  word  "lands."  Congress  has  the  same  power  over 
it  as  over  any  other  property  belonging  to  the  United  States. 

United  States  v.  Gratiot,  39  U.  S.  (14  Pet.)  526,  p.  536. 

B.  RESERVATION  OF  MINES. 

1.  Policy. 

2.  Lead  mines  reserved. 

3.  Value  determined  by  operation. 

1.  POLICY. 

It  has  always  been  the  policy  of  the  Government  in  disposing  of  the  public  lands 
to  reserve  the  mines  for  the  use  of  the  United  States. 

United  States  v.  Gratiot,  39  U.  S.  (14  Pet.)  526,  p.  537. 
Hawke  v.  Deffeback,  4  Dak.  20,  p.  26. 

2.  LEAD  MINES  RESERVED. 

The  fact  that  a  new  land  district  has  been  created  out  of  a  part  of  the  territory  in 
which  the  lead-mine  lands  had  been  reserved,  giving  the  President  authority  to  sell 
all  lands  in  the  new  districts,  does  not  have  the  effect  to  lessen  the  force  of  the  original 
reservation. 

United  States  v.  Gear,  44  U.  S-.  (3  How.)  120,  p.  131. 
Hawke  v.  Deffeback,  4  Dak.  20,  p.  29. 

All  lead  mines  were  reserved  from  lands  sold  under  this  act,  and  it  excepts  such 
lands  from  the  operation  of  the  preemption  and  homestead  laws  and  from  all  grants 


1244  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


to  railroads  and  States,  making  the  parties  who  enter  upon  them  without  authority 
liable  to  an  action  for  damages,  and  such  mineral  lands  are  disposed  of  only  to  citizens 
or  those  who  had  declared  their  intention  to  become  such. 
New  Idria  Min.  Co.,  In  re,  Copp's  Min.  Dec.  47,  p.  53. 

Section  5  of  this  act  is  not  repealed  by  section  4  of  the  act  of  June  26,  1834  (4  Stat. 
686),  and  no  authority  is  given  by  the  latter  act  to  dispose  of  the  lead  mines  or  minerals 
reserved  from  sale  by  this  act. 

United  States  v.  Gear,  44  U.  S.  (3  How.),  120,  p.  131. 

3.   VALUE  DETERMINED  BY  OPERATION. 

The  value  of  the  mines  reserved  on  the  sale  of  public  lands  can  not  be  ascertained 
without  causing  them  to  be  explored  and  worked  under  proper  regulations. 
United  States  v.  Gratiot,  39  U.  S.  (14  Pet.)  526,  p.  537. 

The  business  of  smelting  is  a  part  of  the  operation  of  mining,  although  it  may  be 
distinct  from  that  of  digging  or  mining  the  ore;  but  the  law  is  not  to  be  construed  so 
as  to  require  the  whole  operation  to  be  embraced  in  the  same  contract,  as  they  are 
different  operations,  requiring  different  qualifications  and  distinct  regulations. 

United  States  v.  Gratiot,  39  U.  S.  (14  Pet.)  526,  p.  538. 

No  permission  shall  be  granted  to  work  lead  mines  or  salt  springs  without  the 
approbation  of  the  President,  and  the  President  is  authorized  to  lease  such  mines 
and  springs  for  a  term  not  exceeding  three  years. 

Lease  of  Mineral  Lands,  In  re,  4  Op.  Atty.  Genl.  480,  p.  484. 

C.  LEAD  MINES. 

1.  PRESIDENT  AUTHORIZED  TO  LEASE. 

This  act  was  the  first  to  authorize  the  President  to  lease  a  lead  mine. 

Del  Monte  Min.,  etc.,  Co.  v.  Last  Chance  Min.,  etc.,  Co.,  171  U.  S.  55,  p.  61. 

The  statute  of  March  3,  1807,  authorizing  the  leasing  of  lead  mines  was  enacted 
before  Illinois  was  admitted  as  a  State,  and  after  its  admission  it  can  not  complain  of 
any  disposition  or  regulation  of  the  lead  mines  previously  made  by  Congress. 

United  States  v.  Gratiot,  39  U.  S.  (14  Pet.)  526,  p.  537. 

The  President  is  authorized  under  this  act  to  lease  salt  springs,  salines,  and  lead 
mines. 

Lease  of  Lead  Mines,  In  re,  4  Op.  Atty.  Genl.  480,  p.  499. 

The  authority  given  to  the  President  to  lease  lead  mines  by  this  section  is  limited 
to  a  term  not  exceeding  five  years;  but  this  limitation  is  not  to  be  construed  as  a  prohi- 
bition to  renew  the  leases  from  time  to  time  if  the  President  thinks  proper  so  to  do. 
His  authority  is  limited  to  a  short  period,  so  as  not  to  interfere  with  the  power  of 
Congress  to  otherwise  dispose  of  the  mines  at  its  pleasure. 

United  States  v.  Gratiot,  39  U.  S.  (14  Pet.)  526,  p.  537. 

Under  the  authority  of  this  act  the  President  has  power  to  lease  all  mineral  lands 
reserved  from  public  sale  by  the  act  of  June  26,  1834  (4  Stat.  686). 

Mineral  Lands  in  Wisconsin,  In  re,  3  Op.  Atty.  Genl.  277,  p.  278. 

The  President  is  not  authorized  by  this  act  to  lease  lands  containing  mines  of  copper 
or  silver,  but  this  power  of  lease  is  limited  to  salt  springs  and  lead  mines  and  the 
necessary  contiguous  sections. 

Lease  of  Mineral  Lands,  In  re,  4  Op.  Atty.  Genl.  480,  p.  490. 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1307. 


1245 


2  STAT.  470,  FEBRUARY  29,  1808. 

.    DISPOSAL  OF  SALINES  AND  SALT  SPRINGS— OHIO. 

AN  ACT  Making  further  provision  for  the  disposal  of  the  sections  of  land  heretofore 

reserved . 

Be  it  enacted,  etc..  That  all  the  sections  of  land  heretofore  reserved 
for  the  future  disposition  of  Congress,  not  sold  or  otherwise  disposed 
of,  and  lying  within  either  of  the  districts  established  for  the  disposi- 
tion of  public  lands  in  the  State  of  Ohio,  with  the  exception  of  the 
section  numbered  16  of  the  salt  springs  and  lands  reserved  for  the 
use  of  the  same,  shall  be  offered  for  sale  in  that  district  within  which 
such  reserved  sections  may  respectively  lie  on  the  same  terms  and 
under  the  same  regulations  as  other  lands  in  the  same  district:  *   *  * 

3  STAT.  289,  APRIL  19,  1816. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  INDIANA. 

AN  ACT  To  enable  the  people  of  the  Indiana  Territory  to  form  a  cons  itutional  State 

government,  etc. 

Be  it  enacted,  etc..  That  the  inhabitants  of  the  Territory  of  Indiana 
be,  and  they  are  hereby,  authorized  to  form  for  themselves  a  constitu- 
tion and  State  government,  and  to  assume  such  name  as  they  shall 
deem  proper;  and  the  said  State,  when  formed,  shall  be  admitted 
into  the  Union  upon  the  same  footing  with  the  original  States,  in  all 
respects  whatever. 

Second.  That  all  salt  springs  within  the  said  Territory,  and  the 
land  reserved  for  the  use  of  the  same,  together  with  such  other  lands 
as  may,  by  the  President  of  the  United  States,  be  deemed  necessary 
and  proper  for  working  the  said  salt  springs,  not  exceeding,  the  whole, 
the  quantity  contained  in  36  entire  sections,  shall  be  granted  to  the 
said  State,  for  the  use  of  the  people  of  the  said  State,  the  same  to  be 
used  under  such  terms,  conditions,  and  regulations  as  the  legislature 
of  the  said  State  shall  direct:  Provided,  The  said  legislature  shall  never 
sell  nor  lease  the  same,  for  a  longer  period  than  10  years  at  any  one 
time.    *    *  * 

A.  SALT  SPRINGS. 

1.  Grant  to  State. 

2.  State's  right  to  salt  springs  as  against  patentee. 

1.  grant  to  state. 

By  this  act  all  salt  springs  within  the  Territory  of  Indiana,  together  with  adjacent 
lands,  were  granted  to  the  State. 

Colorado,  In  re,  10  L.  D.  222,  p.  223. 

By  this  act  Congress  granted  to  Indiana  all  the  salt  springs  within  the  Territory  and 
the  land  reserved  for  the  use  of  the  same,  and  such  other  lands  as  the  President  should 
deem  necessary  and  proper  for  working  such  salt  springs,  not  exceeding  the  quantity 
contained  in  36  entire  sections. 

Alabama,  In  re,  21  L.  D.  320,  p.  322. 


1246  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


This  act  granted  to  the  State  of  Indiana  all  salt  springs  within  the  Territory  including 
lands  necessaiy  for  the  proper  working  of  such  springs. 
New  Mexico,  In  re,  35  L.  D.  1,  p.  4. 

2.  state's  RIGHT  TO  SALT  SPRINGS  AS  AGAINST  PATENTEE. 

Where  a  State  claims  lands  or  salt  springs  within  its  territory  reserved  under  this 
act,  it  must  show  that  the  land  claimed  by  it  comes  within  the  description. 
Indiana  v.  Miller,  13  Fed.  Cas.  25,  p.  26. 

Lands  claimed  by  a  State  as  saline  or  salt  springs,  but  which  are  not  entered  as 
reserved  in  the  records  of  the  Land  Office,  and  after  the  Commissioner  of  the  General 
Land  Office  has  certified  that  the  State  has  received  all  such  lands  within  it  which 
had  been  reserved  for  salt  springs  can  not  claim  title  to  any  such  land  as  against  a 
regular  patentee  of  the  United  States. 

Indiana  v.  Miller,  13  Fed.  Cas.  25,  p.  26. 

3  STAT.  428,  APRIL  18,  1818. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  ILLINOIS. 

AN  ACT  To  enable  the  people  of  Illinois  Territory  to  form  a  constitution  and  State 

government,  etc. 

Be  it  enacted,  etc.,  That  the  inhabitants  of  the  Territory  of  lUinois 
be,  and  they  are  hereby,  authorized  to  form  for  themselves  a  constitu- 
tion and  State  government,  and  to  assume  such  name  as  they  shall 
deem  proper;  and  the  said  State,  when  formed,  shall  be  admitted  into 
the  Union  upon  the  same  footing  with  the  original  States,  in  all 
respects  whatever.    *    *  * 

Sec.  6.  And  be  it  further  enacted,  That  the  following  proposi- 
tions be,  and  the  same  are  hereby,  offered  to  the  convention  of  said 
Territory  of  Illinois,  when  formed,  for  their  free  acceptance  or  rejec- 
tion, which  if  accepted  by  the  convention,  shall  be  obligatory  upon 
the  United  States  and  the  said  State.    *    *  * 

Second.  That  all  salt  springs  within  such  State,  and  the  land 
reserved  for  the  use  of  the  same,  shall  be  granted  to  the  said  State, 
for  the  use  of  the  said  State,  and  the  same  to  be  used  under  such 
terms,  and  conditions,  and  regulations,  as  the  legislature  of  the  said 
State  shall  direct:  Provided,  The  legislature  shall  never  sell  nor 
lease  the  same  for  a  longer  period  than  10  years  at  any  one  time. 

A.  SALT  SPRINGS. 

1.  Grant  to  Illinois. 

2.  Effect  of  grant. 

3.  Extent  of  grant. 

1.  grant  to  illinois. 

By  this  act  Congre&a  granted  to  Illinois  all  salt  springs  within  the  State  and  the  land 
reserved  for  the  use  of  the  same. 

Alabama,  In  re,  21  L.  D.  320,  p.  322. 
New  Mexico,  In  re,  35  L.  D.  1,  p.  4. 
Hall  V.  Litchfield,  2  C.  L.  O.  179. 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1307. 


1247 


2.  EFFECT  OF  GRANT. 

This  grant  places  the  State  of  IlHnois  in  regard  to  salt  springs  and  reservations  of 
land  on  the  same  ground  previously  occupied  by  the  United  States. 
Salt  Springs,  In  re,  1  Op.  Atty.  Genl.  420. 

This  act  does  not  impair  the  discretion  exercised  by  the  President  in  withholding 
salt  springs  from  sale. 
Salt  Springs,  In  re,  1  Op.  Atty.  Genl.  420. 

3.  EXTENT  OF  GRANT. 

The  grant  of  salt  springs  under  this  act,  includes  all  such  springs  discovered  and 
undiscovered  to  which  the  President  may  determine  necessary  to  annex  lands  for  the 
purpose  of  working  them,  but  includes  no  others. 

Salt  Springs,  In  re,  1  Op.  Atty.  Genl.  420. 

3  STAT.  489,  MARCH  2,  1819, 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  ALABAMA. 

AN  ACT  To  enable  the  people  of  Alabama  Territory  to  form  a  constitution  and  State 

government,  etc. 

Be  it  enacted,  etc.,  That  the  inhabitants  of  the  Territory  of  Ala- 
bama be,  and  they  are  hereby,  authorized  to  form  for  themselves  a 
constitution  and  State  government,  and  to  assume  such  name  as  they 
may  deem  proper;  and  that  the  said  Territory,  when  formed  into  a 
State,  shall  be  admitted  into  the  union,  upon  the  same  footing  with 
the  original  States,  in  all  respects  whatever.    *    *  * 

Sec.  6.  *  *  *  First.  That  the  section  numbered  16  in  every 
township,  and  when  such  section  has  been  sold,  granted,  or  disposed 
of,  other  lands  equivalent  thereto,  and  most  contiguous  to  the  same, 
shall  be  granted  to  the  inhabitants  of  such  townships  for  the  use  of 
schools.  Sscond.  That  all  salt  springs  within  the  said  Territory, 
and  the  lands  reserved  for  the  use  of  the  same,  together  with  such 
other  lands  as  may,  by  the  President  of  the  United  States,  be  deemed 
necessary  and  proper  for  working  the  said  salt  springs,  not  exceeding 
in  the  whole  the  quantity  contained  in  36  entire  sections,  shall  be 
granted  to  the  said  State,  for  the  use  of  the  people  of  the  said  State, 
the  same  to  be  used,  under  such  terms,  conditions,  and  regulations, 
as  the  legislature  of  the  said  State  shall  direct:  Provided,  The  said 
legislature  shall  never  sell,  nor  lease  the  same  for  a  longer  term  than 
10  years  at  any  one  time. 

A.  STATE  GRANTS. 

1.  Mineral  lands  excepted — policy. 

2.  Lands  granted  with  salt  springs. 
.3.  Alabama  grant. 

a.  Mineral  lands  granted. 

b.  Effect  on  coal  lands. 

4.  Indemnity  selections  by  Alabama. 

1.  mineral  lands  excepted — policy. 

See  10  Stat.  244,  p.  1257;  18  Stat.  474,  p.  1279;  22  Stat.  487,  p.  792;  23  Stat.  10,  p.  1284. 
It  has  been  the  policy  of  the  General  Government  to  exclude  mineral  lands  from 
all  grants  then  and  thereafter  made,  and  there  is  nothing  found  in  the  Alabama  acts  of 


1248  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Congress  showing  any  settled  policy  to  repeal  grants  specifically  made  by  Congress, 
and  especially  those  of  the  character  that  were  made  by  Congress  to  Alabama. 
Alabama,  In  re,  6  L.  D.  493,  p.  495. 

A  grant  to  a  State  of  sections  16  and  36  in  each  township  for  school  purposes  does 
not  include  mineral  lands. 

Alabama,  In  re,  6  L.  D.  493,  p.  495. 

See  Mullan  v.  United  States,  118  U.  S.  271,  p.  276. 

Mining  Co.  v.  Consolidated  Min.  Co.,  102  U.  S.  167,  p.  174. 

Mineral  lands  were,  by  the  express  provision  of  this  act,  excepted  from  the  effect 
of  the  grant  as  to  the  sixteenth  and  thirty-sixth  sections,  and  the  State  could  only 
take  the  agricultural  lands  in  such  sections. 

Alabama,  In  re,  6  L.  D.  493. 

2.  LANDS  GRANTED  WITH  SALT  SPRINGS. 

This  act  granted  to  Alabama  all  salt  springs  within  the  territory  and  any  lands  neces- 
sary and  proper  for  the  working  of  the  same. 
New  Mexico,  In  re,  35  L.  D.  1,  p.  4. 

In  the  grant  of  all  salt  springs  within  the  territory  of  Alabama  the  words  "and  the 
lands  reserved  for  the  use  of  the  same  "  mean  the  section  of  one  mile  square  which 
includes  each  salt  spring. 

Alabama,  In  re,  21  L.  D.  320,  p.  322. 

Between  1819  and  1837  Alabama  was  in  continuous  possession  of  salt  springs,  pre- 
sumably all  the  springs  that  were  then  known,  and  of  640  acres  of  public  lands  with 
each  spring  under  this  congressional  grant. 

Alabama,  In  re,  21  L.  D.  320,  p.  322. 

From  the  act  of  the  State  Legislature  of  Alabama  approved  February  23,  1866,  and 
evidence  of  other  acts  on  the  part  of  the  State  it  can  not  be  assumed  that  other  lands 
should  be  deemed  necessary  and  proper  for  the  working  of  salt  springs  which  have  been 
practically  abandoned  by  the  State  for  a  period  of  30  years,  and  the  Land  Department 
is  not  authorized  to  withdraw  from  settlement  and  entry  242  tracts  of  land  which  may 
furnish  homesteads  for  as  many  citizens  and  their  families  under  the  guise  that  such 
lands  are  for  the  benefit  of  the  State  and  necessary  for  the  working  of  salt  springs. 

Alabama,  In  re,  21  L.  D.  320,  p.  324. 

This  State  has  not  within  75  years  at  any  time  alleged  that  other  lands  were  neces- 
sary or  proper  for  the  working  of  the  salt  springs  under  this  grant  and  this  protracted 
inaction  warrants  the  presumption  that  the  State  has  always  deemed  that  any  other 
lands  were  unnecessary  for  the  working  of  such  salt  springs. 

Alabama,  In  re,  21  L.  D.  320,  p.  323. 

3.  ALABAMA  GRANT. 

a.   MINERAL  LANDS  GRANTED. 

At  the  date  of  this  act  there  was  no  legislation  on  the  subject  of  mines  or  mineral 
lands  except  one  statute  of  1805  and  one  of  1807,  the  effect  of  which  was  substantially 
to  render  null  and  void  every  grant  of  salt  springs  and  lead  mines  thereafter  to  be  made, 
knowledge  of  which  had  been  discovered  previously  to  the  purchase  from  the  United 
States,  but  the  enabling  act  for  the  State  of  Alabama  did  not  reserve  or  except  such 
lands  from  the  grant  to  Alabama,  and  the  State  became  invested  with  the  legal  title 
to  every  sixteenth  section  according  to  the  surveys,  irrespective  of  the  mineral  char- 
acter of  the  land. 

Alabama,  In  re,  6  L.  D.  493,  p.  496. 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1807. 


1249 


This  act  was  not  in  any  manner  affected  or  modified  by  the  coal-lands  statute  of 
March  3,  1883,  and  this  act  continues  to  apply  to  both  kinds  of  lands,  though  the  Gov- 
ernment demands  at  private  sale  a  greater  price  for  some  lands  than  it  does  for  others. 

Alabama,  In  re,  6  L.  D.  493,  p.  501. 

The  fact  that  the  Government  demands  at  private  sale  a  greater  price  for  some  lands 
than  it  does  for  others  is  no  reason  why  this  act  was  not  applicable  to  both  kinds  of 
lands. 

Alabama,  In  re,  6  L.  D.  493. 

By  virtue  of  this  act  Alabama  became  invested  with  the  legal  title  to  every  six- 
teenth section  irrespective  of  the  character  of  the  land,  and  in  case  of  previous  sale 
or  disposal  the  right  of  indemnity  already  existed  in  precisely  the  same  character  of 
land,  but  the  act  did  not  authorize  the  selection  of  equivalent  indemnity  lands  in 
lieu  of  the  sixteenth  section  unless  the  lands  had  been  sold  or  disposed  of. 

Alabama,  In  re,  6  L.  D.  493. 

The  enabling  acts  of  other  States  have  indicated  the  lands  within  the  State  which 
should  be  reserved  from  sale  and  what  lands  were  regarded  as  mineral  and  what  should 
not  be  included  within  the  sixteenth  and  thirty-sixth  sections  for  school  purposes, 
but  these  acts  were  special*  legislation  and  in  no  wise  related  to  Alabama,  and  did  not 
have  the  effect  of  limiting  the  rights  of  that  State  under  this  act. 

Alabama,  In  re,  6  L.  D.  493,  p.  499. 

b.   EFFECT  ON  COAL  LANDS. 

Coal  lands  in  Alabama  were  not  reserved  under  this  act  any  more  than  other  mineral 
lands. 

Alabama,  In  re,  6  L.  D.  493,  p.  500. 

The  fact  that  lands  in  Alabama  have  been  reported  to  the  General  Land  Office  as 
being  coal  lands  does  not  take  them  out  of  the  provisions  of  this  statute,  and  having 
been  selected  before  they  were  sold  the  selection  operates  and  gives  the  State  the  title 
to  the  land  and  leaves  the  remaining  lands  to  be  disposed  of  in  accordance  with  the 
laws  applicable  to  the  subject. 

Alabama,  In  re,  6  L.  D.  493,  p.  500. 

4.   INDEMNITY  SELECTIONS  BY  ALABAMA. 
See  22  Stat.  487,  p.  792. 

Under  this  act  and  up  to  the  time  of  the  passage  of  the  general  indemnity  statutes 
the  school  lands  granted  to  Alabama  gave  a  valid  title  to  any  mineral  lands,  and  the 
indemnity  selections  could  be  made  upon  the  same  character  of  lands. 

Alabama,  In  re,  6  L.  D.  493,  p.  497. 

See  Cooper  v.  Roberts,  59  U.  S.  (18  How.)  173. 

By  this  act  Alabama  was  invested  with  the  legal  title  to  every  sixteenth  section  of 
land,  irrespective  of  its  character,  with  the  right  to  select  indemnity  land  in  case  such 
section  had  been  disposed  of,  and  this  right  is  in  nowise  affected  or  abridged  by  the 
act  of  March  3,  1883  (22  Stat.  487),  relating  to  coal  and  iron  lands,  and  it  did  not  operate 
to  reserve  such  lands  from  indemnity  school  selection  if  such  selection  was  made  by 
the  State  before  such  land  was  offered  for  public  sale,  and  the  right  of  the  State  to 
select  indemnity  lands,  though  mineral  in  character  and  though  previously  reported 
as  containing  coal  and  iron,  must  be  recognized. 

Alabama,  In  re,  6  L.  D.  493 

There  is  nothing  to  show  that  the  State  is  not  entitled  under  this  act  to  select  any 
land  which  it  might  have  originally  selected  under  the  act. 
Alabama,  In  re,  6  L.  D.  493. 


1250  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Subsequent  statutes  reserving  and  excepting  mineral  lands  do  not  declare  that 
mineral  lands  located  in  a  given  State  may  not  be  selected  in  accordance  with  the 
terms  and  provisions  of  the  original  enabling  act,  and  these  statutes  can  not  be  con- 
strued as  taking  from  Alabama  her  special  and  specific  rights  conveyed  by  a  special 
act  prior  to  the  passage  of  any  of  these  latter  enactments  upon  the  subject  of  mineral 
lands. 

Alabama,  In  re,  6  L.  D.  493. 

See  Mining  Co.  v.  Consolidated  Min.  Co.,  102  U.  S.  167. 
MuUan  v.  United  States,  118  U.  S.  271. 

23  STAT.  12,  APRIL  23,  1884. 

ALABAMA  UNIVERSITY  LANDS. 

AN  ACT  To  increase  the  endowment  of  the  University  of  Alabama  from  the  public 

lands  in  said  State. 

Be  it  enacted,  etc.,  That  46,080  acres  of  the  public  lands  in  Alabama 
are  hereby  granted  to  the  State  of  Alabama,  m  addHion  to  the  lands 
reserved  to  said  State  by  the  acts  approved  April  20,  1 818,  and  March 
2,  1819,  for  the  benefit  of  the  University  of  Alabama,  to  be  applied, 
as  far  as  may  be  necessary,  to  the  erection  of  suitable  buildings  for 
said  university  and  to  the  restoration  of  the  library  and  scientific 
apparatus  heretofore  destroyed  by  fire,  such  application  to  be  made 
in  such  manner  as  the  legislature  of  said  State  may  direct  or  may 
empower  the  trustees  of  said  university  to  direct:  Provided,  That 
the  State  of  Alabama  shall  pay  the  expenses  of  agents  appointed  by 
the  governor  thereof  to  select  such  lands,  to  be  reimbursed  out  of 
the  proceeds  of  the  sales  thereof. 

Sec.  3.  That  the  provisions  of  this  act  shall  not  apply  to  any  legal 
subdivision  of  land  to  which  the  right  of  homestead  entry  or  pre- 
emption shall  have  attached  in  favor  of  any  person  who  is  entitled 
to  such  homestead  and  preemption  entries  and  who  is  occupying 
and  claiming  such  subdivision  of  the  public  lands  in  Alabama  at 
the  time  when  such  selections  are  app^^oved  by  the  Secretary  of 
the  Interior.  And  in  cases  where  it  is  found  that  such  claims  are 
superior  to  the  rights  of  the  State  of  Alabama  herein  granted,  the 
said  State  may  select  other  lands  in  lieu  thereof,  and  in  like  quantity, 
elsewhere  in  the  said  State,  from  the  public  lands  of  the  United  States, 
so  as  to  make  up,  as  nearly  as  may  be,  the  total  number  of  acres  of 
land  granted  in  this  act  to  said  State. 

Sec.  4.  That  when  the  selection  of  said  lands  are  so  made,  and 
are  approved  by  the  Secretary  of  the  Interior,  the  title  to  the  same 
shall  vest  in  the  State  of  Alabama,  to  and  for  the  use  and  benefit 
of  said  University  of  Alabama.    *    *  * 

A.  ALABAMA  UNIVERSITY  GRANT. 

1.  EIGHT  TO  select  MINERAL  LANDS. 

Prior  to  the  enactment  of  this  statute  there  were  no  express  provisions  reserving 
from  any  and  all  dispositions  the  mineral  lands  of  the  United  States  and  disclosing 
a  public  policy  applicable  to  all  grants  and  to  withhold  them  therefrom,  and  this 
statute  bears  no  evidence  of  such  public  policy. 

Alabama,  In  re,  6  L.  D.  493,  p.  502. 


STATE  AND  PUBLIC  GRANTS,  PP.  123i>-1307. 


1251 


Under  this  act  the  State  has  the  right  to  select  mineral  lands  as  well  as  agricultural 
lands  and  the  grant  in  this  respect  is  not  limited  by  other  statutes  reserving  to  the 
United  States  its  mineral  land. 

Alabama,  In  re,  6  L.  D.  493,  p.  502. 

3  STAT.  545,  MARCH  6,  1820. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  MISSOURI. 

AN  ACT  To  authorize  the  people  of  Missouri  Territory  to  form  a  constitution  and 

State  government,  etc. 

Be  it  enacted,  etc.,  That  the  inhabitants  of  that  portion  of  the 
Missouri  territory  included  within  the  boundaries  hereinafter  desig- 
nated be,  and  they  are  hereby,  authorized  to  form  for  themselves 
a  constitution  and  State  government,  and  to  assume  such  name  as 
they  shall  deem  proper;  and  the  said  State,  when  formed,  shall  be 
admitted  into  the  Union  upon  an  equal  footing  with  the  original 
States,  in  all  respects  whatsoever.    *    *  * 

Sec.  6.  And  be  it  further  enacted,  *  *  *  Second.  That  all 
salt  springs,  not  exceeding  12  in  number,  with  six  sections  of  land 
adjoining  to  each,  shall  be  granted  to  the  said  State  for  the  use  of  said 
State,  the  same  to  be  selected  by  the  legislature  of  the  said  State, 
on  or  before  the  first  day  of  January,  in  the  year  1825;  and  the  same, 
when  so  selected,  to  be  used  under  such  terms,  conditions,  and  regu- 
lations, as  the  legislature  of  said  State  shall  direct:  Provided,  That 
no  salt  spring,  the  right  whereof  now  is  or  hereafter  shall  be,  confirmed 
or  adjudged  to  any  individual  or  individuals,  shall,  by  this  section, 
be  granted  to  the  said  State:  And  provided  also.  That  the  legislature 
shall  never  sell  or  lease  the  same,  at  any  one  time,  for  a  longer  period 
than  ten  years,  without  the  consent  of  Congress. 

A.  SALT  SPRINGS. 

1.  GRANT  TO  MISSOURI. 

This  act  granted  to  the  State  of  Missouri  all  salt  springs  not  exceeding  12  in  number 
with  six  sections  of  adjoining  or  contiguous  land  to  be  selected  within  prescribed 
periods,  but  excluding  all  salt  springs  wherein  private  rights  have  vested. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  5. 
Hall  V.  Litchfield,  2  C.  L.  O.  179. 

This  act,  while  authorizing  the  people  of  Missouri  to  form  a  State,  provided  that  no 
salt  spring,  the  right  whereof  now  is,  or  hereafter  shall  be  confirmed  or  adjudged  to  any- 
individual  or  individuals,  should  by  this  section  be  granted  to  said  State. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  601. 

In  granting  the  salt  springs  to  the  State  of  Missouri,  Congress  thought  it  proper  that 
no  salt  springs,  the  right  whereof  now  is  or  shall  be  confirmed  or  adjudged  to  any  indi- 
vidual, shall  pass  under  the  grant  to  the  State.  But  the  purpose  of  this  was  only  to 
save  salt  springs  claimed  under  the  French  treaty,  and  it  could  not  confer  the  salt 
springs  not  thus  claimed,  because  all  entry  thereon  was  unlawful  on  account  of  pre^dous 
reservations. 

Morton  v.  Nebraska,  88  U.  S.  660,  p.  673. 

This  statute  intends  to  reserve  salines,  and  the  purpose  of  reserving  them  was  to  pre- 
serve them  for  the  use  of  the  future  States.  But  no  State  has  been  organized  without  a 
grant  of  a  certain  number  of  salt  springs.    In  the  earlier  grants  all  the  salt  springs  within 


1252  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


the  boundaries  of  the  State  were  given,  but  since  the  admission  of  Missouri  the  number 
has  been  limited  to  12,  and  this  number,  with  a  certain  quantity  of  contiguous  land, 
were  granted  to  Nebraska  on  her  admission.    Congress  in  this  act  assumed  that  the 
springs  had  been  reserved  from  sale. 
Morton  v.  Nebraska,  88  U.  S.  660,  p.  672. 

3  STAT.  787,  MARCH  3,  1823. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  MISSOURI. 
AN  ACT  Concerning  the  lands  to  be  granted  to  the  State  of  Missouri,  etc. 
Be  it  enacted,  etc.,    *    *  * 

Sec.  2.  And  be  it  further  enacted,  That  in  all  cases  in  which  the 
General  Assembly  of  the  State  of  Missouri  has  selected,  or  shall  here- 
after select,  a  salt  spring  for  the  use  of  the  State  according  to  the 
provisions  of  an  act  of  Congress  of  the  6th  of  March,  1820,  and  the  six 
sections  of  unappropriated  lands  can  not  be  found  adjoining  to  such 
spring,  agreeably  to  the  provisions  of  said  act,  the  deficiency  shall  be 
supplied  by  the  selection  of  other  sections  equivalent  thereto,  and 
not  farther  distant  than  6  miles  therefrom,  of  unappropriated  lands 
of  the  United  States  in  that  State  and  as  nearly  adjoining  to  such 
spring  as  may  be,  shall  be  subject  to  the  selection  of  the  legislature 
of  the  State  for  the  use  thereof;  and  such  sections,  when  so  selected 
and  located,  are  hereby  granted  according  to  the  provisions  of  said 
act;  and  authenticated  copies  of  the  selections  made  by  the  register 
and  receiver,  under  the  provisions  of  this  act,  shall  be  furnished 
the  State,  and  returns  transmitted  to  the  Secretary  of  the  Treasury, 
of  the  selections  now  made,  and  of  those  to  be  made,  immediately 
after  such  selections  shall  have  been  made,  either  by  the  register  and 
receiver,  or  by  the  legislature  of  the  State. 

4  STAT.  79,  DECEMBER  28,  1824. 

SALE  OF  SALINES  AND  SALT  SPRINGS  IN  OHIO. 

AN  ACT  To  authorize  the  legislature  of  Ohio  to  sell  certain  tracts  of  land,  etc. 

Be  it  enacted,  etc..  That  the  Legislature  of  the  State  of  Ohio  shall 
be,  and  is  hereb}^,  authorized  and  empowered  to  cause  to  be  sold  and 
conveyed  in  such  manner,  and  on  such  terms  and  conditions  as 
said  legislature  shall  by  law  direct,  the  following  tracts  of  land  here- 
tofore granted  to  said  State  for  the  use  of  the  people  thereof,  to  wit, 
so  much  of  the  6-mile  reservation,  including  the  salt  springs,  com- 
monly called  the  Sciota  Salt  Springs,  as  remains  unsold;  the  salt 
springs  near  the  Muskingum  River,  and  in  the  mihtary  tract,  with 
the  sections  of  land  which  include  the  same;  the  proceeds  thereof  to 
be  applied  to  such  literary  purposes  as  said  legislature  may  hereafter 
direct;  and  to  no  other  use,  intent,  or  purpose  whatsoever. 

4  STAT.  305,  MAY  24,  1828. 

SALE  OF  SALINES  AND  SALT  SPRINGS— ILLINOIS. 

AN  ACT  To  authorize  the  legislature  of  Illinois  to  sell  a  part  of  the  land  reserved  and 
granted  to  said  State  for  the  use  of  the  Ohio  Saline. 

Be  it  enacted,  etc..  That  the  Legislature  of  the  State  of  Illinois 
shall  be,  and  is  hereby,  authorized  and  empowered  to  cause  to  be 


STATE  AND  PUBLIC  (JRANTS^  PP.  12:W-1307. 


1253 


sold  and  convoyed  in  such  manner,  and  on  such  terms  and  condi- 
tions, as  said  legislature  shall  by  law  direct,  such  par  t  or  parts  of 
the  tract  of  land  reserved  and  granted  to  said  State,  for  the  use  and 
support  of  the  salt  works,  known  by  the  name  of  the  Ohio  Saline, 
in  the  county  of  Gallatin,  in  the  said  State,  and  to  apply  the  pro- 
ceeds of  such  sale  to  such  objects  as  the  said  legislature  may  by  law 
hereafter  direct:  Provided,  That  the  legislature  shall  not  sell  and 
convey  more  than  30,000  acres  of  the  land  reserved  and  granted  for 
the  use  of  the  sahne  aforesaid. 

5  STAT.  58,  JUNE  23,  1836. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  ARKANSAS. 

AN  ACT  Supplementary  to  the  act  entitled  "An  act  for  the  admission  of  the  State  of 
Arkansas  into  the  Union,  "  etc. 

Be  it  enacted,  etc.,    *    *  *^ 

Second.  That  all  salt  springs  not  exceeding  12  in  number,  with 
six  sections  of  land  adjoining  to  each,  shall  be  granted  to  said  State, 
for  the  use  of  said  State,  the  same  to  be  selected  by  the  general  assem- 
bly thereof  on  or  before  the  1st  day  of  January,  1840;  and  the  same, 
when  so  selected,  to  be  used  under  such  terms,  conditions,  and  regu- 
lations, as  the  general  assembly  of  the  said  State  shall  direct:  Pro- 
vided, That  no  salt  spring,  the  right  whereof  is  now  vested  in  any 
individual  or  individuals,  or  which  may  hereafter  be  confirmed  or 
adjudged  to  any  individual  or  individuals,  shall,  by  this  section,  be 
granted  to  said  State:  And  provided  also,  That  the  general  assembly 
shall  never  sell  or  lease  the  same,  at  any  one  time,  for  a  longer  period 
than  10  years,  without  the  consent  of  Congress;  and  that  nothing 
contained  in  the  act  of  Congress  entitled  "An  act  authorizing  the 
governor  of  the  Territory  of  Arkansas  to  lease  the  salt  springs  in  said 
Territory,  and  for  other  purposes,"  or  in  any  other  act,  shall  be  con- 
strued to  give  to  the  said  State  any  further  or  other  claim  whatsoever, 
to  any  salt  springs  or  lands  adjoining  thereto,  than  to  those  hereby 
granted. 

^  Hi  ^  ^  ^  :jc  Hi 

See  1194. 

A.  SALT  SPRINGS. 

1.  GRANT  TO  ARKANSAS. 

This  act  granted  to  the  State  of  Arkansas  all  salt  springs  not  exceeding  12  in  number, 
with  six  sections  of  adjoining  or  contiguous  land,  to  be  selected  within  prescribed 
periods,  but  excluding  all  salt  springs  wherein  private  rights  have  vested. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  4. 
Hall  V.  Litchfield,  2  C.  L.  0.  179. 

This  act,  while  authorizing  the  people  of  Arkansas  to  form  a  state,  provided  that  no 
salt  spring,  the  right  whereof  now  is  or  hereafter  shall  be  confirmed  or  adjudged  to 
any  individual  or  individuals,  shall  by  this  section  be  granted  to  said  State. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  601. 

5  STAT.  59,  JUNE  23,  1836. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  MICHIGAN. 

AN  ACT  Supplementary  to  the  act  entitled  ' '  An  act  to  establish  the  northern  boundary 
line  of  the  State  of  Ohio, "  etc. 

Be  it  enacted,  etc.,  That  in  lieu  of  the  propositions  submitted  to 
the  Congress  of  the  United  States  by  an  ordinance  passed  by  the 


1254  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

convention  of  delegates  at  Detroit,  assembled  for  the  purpose  of 
making  a  constitution  for  the  State  of  Michigan,  which  are  hereby 
rejected;  and  that  the  following  propositions  be  and  the  same  are 
hereby  offered  to  the  Legislature  of  the  State  of  Michigan  for  their 
acceptance  or  rejection,  which,  if  accepted,  under  the  authority  con- 
ferred on  the  said  legislature  by  the  convention  which  framed  the 
constitution  of  the  said  State,  shall  be  obhgatory  upon  the  United 
States.    *    *  * 

Fourth.  That  all  salt  springs  within  the  State,  not  exceeding  12 
in  number,  with  six  sections  of  land  adjoining,  or  as  contiguous  as 
may  be  to  each,  shall  be  granted  to  the  said  State  for  its  use,  the 
same  to  be  selected  by  the  legislature  thereof,  on  or  before  the  1st 
of  January,  1840;  and  the  same,  when  so  selected,  to  be  used  on  such 
terms,  conditions,  and  regulations,  as  the  legislature  of  the  said 
State  shall  direct:  Provided,  That  no  salt  spring,  the  right  whereof 
is  now  vested  in  any  individual  or  individuals,  or  which  may  here- 
after be  confirmed  or  adjudged  to  any  individual  or  individuals, 
shall,  by  this  section,  be  granted  to  said  State:  And  provided,  also. 
That  the  general  assembly  shall  never  sell  or  lease  the  same  at  any 
one  time  for  a  longer  period  than  10  years,  without  the  consent  of 
Congress. 

A.  SALT  SPRINGS. 

1.  GRANT  TO  MICHIGAN. 

This  act  granted  to  the  State  of  Michigan  all  salt  springs  not  exceeding  12  in  number 
with  six  sections  of  adjoining  or  contiguous  land  to  be  selected  within  prescribed 
periods,  but  excluding  all  salt  springs  wherein  private  rights  have  vested. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  5. 
Hall  V.  Litchfield,  2  C.  L.  O.  179. 

This  act,  wliile  authorizing  the  people  of  Michigan  to  form  a  State,  provided  that 
no  salt  spring,  the  right  whereof  now  is,  or  hereafter  shall  be  confirmed  or  adjudged  to 
any  individual  or  individuals,  shall,  by  this  section,  be  granted  to  said  State. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  601. 

5  STAT.  789,  MARCH  3,  1845. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  IOWA  AND  FLORIDA. 

AN  ACT  Supplemental  to  the  act  for  the  admission  of  Iowa  and  Florida. 

Be  it  enacted,  etc..  That  the  laws  of  the  United  States,  which  are 
not  locally  inapplicable,  shall  have  the  same  force  and  effect  within 
the  State  of  Iowa  as  elsewhere  in  the  United  States. 

Sec.  6.  And  be  it  further  enacted.  That  in  lieu  of  the  propositions 
submitted  to  the  Congress  of  the  United  States,  by  an  ordinance 
passed  on  the  1st  day  of  November,  1844,  by  the  convention  of  dele- 
gates at  Iowa  City,  assembled  for  the  purpose  of  making  a  constitu- 
tion for  the  State  of  Iowa,  which  are  hereby  rejected,  the  following 
propositions  be,  and  the  same  are  hereby,  offered  to  the  Legislature 
of  the  State  of  Iowa,  for  their  acceptance  or  rejection;  which,  if 
accepted,  under  the  authority  conferred  on  the  said  legislature,  by 
the  convention  which  framed  the  constitution  of  the  said  State,  shall 
be  obligatory  upon  the  United  States: 

4:  4:  H(  H:  *  ^  ^ 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1307. 


1255 


Fourth.  That  all  salt  springs  within  the  Stato,  not  exceeding 
12  in  number,  with  six  sections  of  land  adjoining,  or  as  contiguous 
as  may  be  to  each,  shall  be  oranted  to  the  said  State  for  its  use;  the 
same  to  be  selected  by  the  legislature  thereof,  within  one  year  after 
the  admission  of  said  State,  and  the  same,  when  so  selected,  to  be 
used  on  such  terms,  conditions,  and  regulations,  as  the  legislature 
of  the  State  shall  direct:  Provided,  That  no  salt  spring,  the  right 
whereof  is  now  vested  in  any  individual  or  individuals,  or  which 
may  hereafter  be  confirmed  or  adjudged  to  any  individual  or  indi- 
viduals, shall,  by  this  section,  be  granted  to  said  State:  And  provided, 
also,  That  the  general  assembly  shall  never  lease  or  sell  the  same,  at 
any  one  time,  for  a  longer  period  than  10  years,  without  the  consent 
of  Congress. 

A.  SALT  SPRINGS. 

1.  Grant  to  Iowa. 

2.  Grant  to  Florida. 

1.  grant  to  iowa. 

This  act  granted  to  the  State  of  Iowa  all  salt  springs  not  exceeding  12  in  number 
with  six  sections  of  adjoining  or  contiguous  land  to  be  selected  within  prescribed 
periods,  but  excluding  all  salt  springs  wherein  private  rights  have  vested. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  4. 
Hail  V.  Litchfield,  2  C.  L.  O.  179. 

2.  GRANT  TO  FLORIDA. 

This  act  granted  to  the  State  of  Florida  all  salt  springs  not  exceeding  12  in  number 
with  six  sections  of  adjoining  or  contiguous  lands  to  be  selected  within  prescribed 
periods,  but  excluding  all  salt  springs  wherein  private  rights  have  vested. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  4. 
Hall  V.  Litchfield,  2  C.  L.  O.  179. 

This  act,  while  authorizing  the  people  of  Florida  to  form  a  State  provided  that  no 
salt  spring,  the  right  whereof  now  is,  or  hereafter  shall  be  confirmed  or  adjudged  to 
any  individual  or  individuals,  shall,  by  tliis  section,  be  granted  to  said  State. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  601. 

9  STAT.  56,  AUGUST  6,  1846. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  WISCONSIN. 

AN  ACT  To  enable  the  people  of  Wisconsin  Territory  to  form  a  constitution  and  State 

government,  etc. 

Be  it  enacted,  etc.    *    *  * 

Sec.  4.  And  be  it  further  enacted,  etc..  That  from  and  after  the 
admission  of  the  State  of  Wisconsin  into  the  Union,  in  pursuance  of 
this  act,  the  laws  of  the  United  States  which  are  not  locally  inapplica- 
ble shall  have  the  same  force  and  effect  within  the  State  of  Wisconsin 
as  elsewhere  within  the  United  States;   *    *  * 

Sec.  7.  And  be  it  further  enacted,  etc.,  *  *  *  Fourth.  That 
all  salt  springs  within  said  State,  not  exceeding  12  in  number,  with 
six  sections  of  land  adjoining,  or  as  contiguous  as  may  be  to  each, 
shall  be  granted  to  the  State  for  its  use;  the  same  to  be  selected  by 
the  legislature  thereof,  within  one  year  after  the  admission  of  said 


1256  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


State ;  and  when  so  selected,  to  be  used  or  disposed  of  on  such  terms, 
conditions,  and  regulations,  as  the  legislature  shall  direct:  Provided, 
That  no  salt  spring  or  land,  the  right  whereof  is  now  vested  in  any 
individual  or  individuals,  or  which  may  hereafter  be  confirmed  or 
adjudged  to  any  individual  or  individuals,  shall,  by  this  section,  be 
granted  to  said  State. 

A.  SALT  SPRINGS. 

1.   GRANT  TO  WISCONSIN. 

This  act  granted  to  the  State  of  Wisconsin  all  salt  springs  not  exceeding  12  in  number 
with  six  sections  of  adjoining  or  cntiguoiis  land  to  be  selected  within  prescribed 
periods,  but  excluding  all  salt  springs  wherein  private  rights  have  vested. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  5. 
Hall  V.  Litchfield,  2  C.  L.  O.  179. 

This  act,  while  authorizing  the  people  of  Wisconsin  to  form  a  State,  provides  that 
no  salt  spring,  the  right  whereof  now  is  or  hereafter  shall  be  confirmed  or  adjudged 
to  any  individual  or  individuals,  shall  by  this  section  be  granted  to  said  State. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  601. 

10  STAT.  5,  MAY  4,  1852. 

SALINES  AND  SALT  SPRINGS— W^ISCONSIN. 

AN  ACT  To  extend  the  time  for  selecting  lands  granted  to  the  State  of  Wisconsin  for 

saline  purposes. 

Be  it  enacted,  etc.,  That  the  time  for  selecting  lands  for  saline 
purposes,  granted  to  the  State  of  Wisconsin  by  virtue  of  the  fourth 
subdivision  of  the  seventh  section  of  an  act  entitled  An  act  to  enable 
the  people  of  Wisconsin  Territory  to  form  a  constitution  and  State 
government,  and  for  the  admission  of  such  State  into  the  Union," 
approved  August  6,  1846  (9  Stat.  56),  be,  and  the  same  is  hereby 
extended  to  January  1,  1854;  and  the  land  so  selected  previous  to  the 
day  last  mentioned,  shall  be  granted  to  said  State  for  the  same  pur- 
poses, on  the  same  conditions,  and  with  like  effect,  as  if  the  same 
had  been  selected  and  confirmed  within  the  time  limited  by  the  act 
above  mentioned. 

10  STAT.  7,  MAY  27,  1852. 

SALE  OF  SALINES  AND  SALT  SPRINGS  TO  IOWA. 

AN  ACT  To  relinquish  to  Iowa  lands  reserved  for  salt  springs. 

Be  it  enacted,  etc..  That  the  12  salt  springs,  and  six  sections  of 
land  adjoining  or  contiguous  thereto,  the  use  of  which  was  granted 
to  the  State  of  Iowa,  by  the  act  entitled  ''An  act  supplemental  to 
the  act  for  the  admission  of  the  States  of  Iowa  and  Florida  into  the 
Union,"  approved  March  3,  1845,  shall  be,  and  the  same  are  hereby 
granted  in  fee  simple,  to  the  said  State  of  Iowa,  to  be  disposed  of,  and 
the  proceeds  to  be  applied  as  the  legislature  of  that  State  shall  direct: 
Provided,  That  nothing  in  this  act  contained  shall  be  so  construed 
as  to  interfere  with  the  rights  of  third  parties:  And  provided  further. 
That  if  any  of  the  lands  which  have  been  selected  by  the  authorities 
of  the  State  of  Iowa,  under  the  act  aforesaid,  shall  have  been  legally 
claimed  by  preemption  or  otherwise,  the  State  shall  be  authorized 
to  select  other  lands  in  lieu  thereof. 


STATE  AND  PUBLIC  GRANTS,  PP.  1230-1307. 


1257 


10  STAT.  172,  p.  179,  MARCH  2,  1863. 

MINERAL  LANDS  RESERVED  FROM  GRANT  TO  WASHINGTON. 

AN  ACT  To  establish  the  territorial  government  of  Washington. 

Be  it  enacted,  etc.,  That  from  and  after  the  passage  of  this  act, 
all  that  portion  of  Oregon  Territory  lying  and  being  (here  describing) 
be  organized  into  and  constitute  a  temporary  government  by  the 
name  of  the  Territory  of  Washington. 

*****  5i« 

Sec.  20.  And  be  it  further  enacted,  That  when  the  lands  in  said 
Territory  shall  be  surveyed  under  the  direction  of  the  Government 
of  the  United  States,  preparatory  to  bringing  the  same  into  market 
or  otherwise  disposing  thereof,  sections  numbered  16  and  36  in  each 
township  in  said  Territory  shall  be,  and  the  same  are  hereby,  reserved 
for  the  purpose  of  being  applied  to  common  schools  in  said  Territory. 
And  in  all  cases  where  said  sections  16  and  36,  or  either  or  any  of  them, 
shall  be  occupied  by  actual  settlers  prior  to  survey  thereof,  the  county 
commissioners  of  the  counties  in  which  said  sections  so  occupied  as 
aforesaid  are  situated,  be,  and  they  are  hereby,  authorized  to  locate 
other  lands  to  an  equal  amount  in  sections,  or  fractional  sections,  as 
the  case  may  be,  within  their  respective  counties,  in  lieu  of  said  sec- 
tions so  occupied  as  aforesaid. 

A.  GRANT  TO  WASHINGTON— MINERAL  LANDS  RESERVED. 

The  mineral  land  in  sections  16  and  36  granted  to  Washington  Territory  for  school 
purposes  was  reserved  from  the  grant  for  the  Territory  and  designed  for  disposition 
under  the  mining  statutes. 

Norager,  In  re  10  C.  L.  O.  54. 

10  STAT.  244,  MARCH  3,  1853. 

MINERAL  LANDS  RESERVED  FROM  GRANT  TO  CALIFORNIA. 
AN  ACT  To  provide  for  the  survey  of  the  public  lands  in  California,  etc. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  3.  And  be  it  further  enacted,  etc.  *  *  *  Provided, 
That  none  other  than  township  lines  shall  be  surveyed  when  the  lands 
are  mineral  or  are  deemed  unfit  for  cultivation;  and  no  allowance 
shall  be  made  for  such  lines  as  are  not  actually  run  and  marked  in 
the  field,  and  were  actually  necessary  to  be  run. 

This  provision  was  repealed  by  section  16  of  the  act  of  July  9,  1870,  16  Stat.  217. 

Sec.  6.  That  all  the  public  lands  in  the  State  of  California,  whether 
surveyed  or  unsurveyed,  with  the  exception  of  sections  16  and  36, 
which  shall  be  and  hereby  are  granted  to  the  State  for  purposes  of 
piiblic  schools  in  each  township,  and  with  the  exception  of  lands 
appropriated  under  the  authority  of  this  act,  or  reserved  by  compe- 
tent authority,  and  excepting  also  the  lands  claimed  under  any  for- 
eign grant  or  title  and  the  mineral  lands,  shall  be  subject  to  the  pre- 
emption laws  of  September  4,  1841,  with  all  the  exceptions,  condi- 
tions, and  limitations  therein,  except  as  herein  otherwise  pro- 
vided;   *    *  * 

50974°— Bull.  94,  pt  2—15  28 


1258  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Sec.  7.  That  where  any  settlement,  by  the  erection  of  a  dwelling 
house  or  the  cultivation  of  any  portion  of  the  land,  shall  be  made 
upon  the  sixteenth  and  thirty-sixth  sections,  before  the  same  shall 
be  surveyed,  or  where  such  sections  may  be  reserved  for  public  uses 
or  taken  by  private  claims,  other  land  shall  be  selected  by  the  proper 
authorities  of  the  State  in  lieu  thereof,  agreeably  to  the  provisions 
of  the  act  of  Congress  approved  on  the  20th  of  May,  1826,  entitled 
''An  act  to  appropriate  lands  for  the  support  of  schools  in  certain 
townships  and  fractional  townships,  not  before  provided  for,"  and 
which  shall  be  subject  to  approval  by  the  Secretary  of  the  Interior. 
And  no  person  shall  make  a  settlement  or  location  upon  any  tract  or 
parcel  of  land  selected. 

Sec.  8.  That  the  public  lands,  not  being  mineral  lands,  occupied 
as  towns  or  villages,  shall  not  be  subdivided,  or  subject  to  sale,  or  to 
be  appropriated  by  settlers,  under  the  provisions  of  this  act;  but  the 
whole  of  such  lands,  whether  settled  upon  before  or  after  the  survey 
of  the  same,  shall  be  subject  to  the  provisions  of  the  act  entitled  "An 
act  for  the  relief  of  the  citizens  of  towns  upon  the  lands  of  the  United 
States,  under  certain  circumstances,"  approved  May  23,  1844,  ex- 
cept such  towns  as  are  located  on  ornearmmeral  lands,  the  inhabitants 
of  which  shaU  have  the  right  of  occupation  and  cultivation  only  until 
such  time  as  Congress  shall  dispose  of  the  same;  nor  shall  any  lands 
specially  reserved  for  public  uses  be  appropriated  under  the  provi- 
sions of  this  act  for  a  military  post,  or  withm  1  mile  of  such  post,  or 
on  any  other  lands  reserved  by  competent  authority;  nor  shall  any 
person  obtain  the  benefits  of  this  act  by  a  settlement  or  location 
on  mineral  lands. 

Sec.  12.  That  the  quantity  of  the  two  entire  townships,  or  72 
sections,  shall  be  and  the  same  is  hereby  granted  to  the  State  of  Cali- 
fornia for  the  use  of  a  seminary  of  learning,  said  lands  to  be  selected 
by  the  Governor  of  the  State,  or  any  person  he  may  designate  for 
that  purpose,  in  legal  subdivisions  of  not  less  than  a  quarter  section 
of  any  of  the  imsold,  unoccupied,  and  unappropriated  public  lands 
therein,  subject  to  the  approval  of  the  Secretary  of  the  Interior,  and 
to  be  disposed  of  as  the  legislature  shall  direct:  Provided,  however, 
That  no  mineral  lands,  or  lands  reserved  for  any  public  purpose  what- 
ever, or  lands  to  which  any  settler  may  be  entitled  under  the  pro- 
visions of  this  act,  shaU  be  subject  to  such  selection. 

Sec.  13.  That  there  shall  be  and  is  hereby  granted  to  the  State  of 
California  the  quantity  of  10  entire  sections  of  land,  for  the  purpose 
of  erecting  the  public  buildings  of  that  State,  said  lands  to  be  selected 
by  the  Governor,  or  any  persons  he  may  designate,  in  legal  subdi- 
visions of  not  less  than  a  quarter  section  of  any  of  the  unsold,  un- 
occupied, and  unappropriated  public  lands  in  that  State,  and  subject 
to  the  approval  of  the  Secretary  of  the  Interior:  Provided,  however, 
That  none  of  said  selections  shall  be  made  of  mineral  lands  or  lands 
reserved  for  any  public  purpose  whatever,  or  lands  to  which  any 
settler  may  be  entitled,  under  the  provisions  of  this  act. 

See  5  Stat.  657,  p.  1375;  14  Stat.  218,  p.  1090. 


STATE  AND  PUBLIC  C RANTS,  PP.  1239-1307.  1259 

A.  CONSTRUCTION  AND  APPLICATION  OF  ACT. 

B.  GRANT  TO  CALIFORNIA. 

A.  CONSTRUCTION  AND  APPLICATION  OF  ACT. 

This  section  (6)  is  construed  as  excepting  lands  appropriated  under  the  authority 
of  the  act,  or  reserved  by  competent  authority,  as  well  as  lands  claimed  under  any 
foreign  grant  or  title,  and  excepting  also  foreign  lands. 

Keystone  Consol.  Min.  Co.  v.  California,  Copp's  Min.  Lands  101,  p.  109. 
See  Sherman  v.  Buick,  45  Cal.  656. 

California,  In  re,  Copp's  Min.  Lands  224. 

The  words  ''reserved  for  public  uses"  refer  solely  to  reservations  made  for  the  pur- 
pose of  the  General  Govermnent. 
California,  In  re,  Copp's  Min.  Lands  224,  p.  225. 
This  act  has  no  reference  to  mineral  lands  in  the  State  of  New  Mexico. 
Lockhart  v.  Johnson,  181  U.  S.  516,  p.  525. 

The  purpose  of  this  act  was  to  provide  for  the  survey  and  sale  of  the  public  lands  and 
the  right  of  preemption  to  the  settlers,  but  the  mineral  lands  are  expressly  excepted 
from  the  right  of  preemption  and  from  public  sale. 

Mining  Co.  v.  Con.  Min.  Co.,  102  U.  S.  167. 
Mullan  V.  United  States,  118  U.  S.  271. 
Alabama,  In  re,  6  L.  D.  493,  p.  494. 

Congress  intended  to  reserve  all  mineral  lands  from  the  operation  of  this  act,  and  no 
mineral  lands  in  sections  16  and  36  can  be  claimed  by  virtue  of  this  act. 
Keystone  Consol.  Min.  Co.  v.  California,  Copp's  Min.  Lands  101,  p.  112. 

B.  GRANT  TO  CALIFORNIA. 

1.  Mineral  lands  reserved. 

2.  School  grants. 

a.  Mineral  lands  excepted. 

b.  Improved  lands  excepted. 

c.  Time  of  taking  effect — Survey. 

3.  Seminary  purposes — Mineral  lands  excepted. 

4.  Selections  for  public  buildings — Mineral  lands  ex- 

cepted. 

5.  Coal  lands  reserved. 

6.  Selection  of  lieu  lands — Effect. 

7.  Proof  of  mineral  character  of  land. 

8.  Subsequent  discovery  of  minerals — Effect. 

1.  mineral  lands  reserved. 
Mineral  lands  did  not  pass  to  the  State  of  California  under  this  act. 

Colorado,  In  re,  Copp's  Min.  Lands  341,  p.  342. 
Hogden,  In  re,  1  C.  L.  O.  135. 

This  section  (6)  excepts  the  mineral  lands  from  the  lands  subject  to  the  preemption 
laws. 

Keystone  Consol.  Min.  Co.  v.  California,  Copp's  Min.  Lands  101,  p.  112. 
California,  In  re,  Copp's  Min.  Lands  340. 

Under  this  section  no  person  can  obtain  the  benefits  of  the  act  by  a  settlement  or 
location  on  mineral  lands. 
Keystone  Consol.  Min.  Co.  v.  California,  Copp's  Min.  Lands  101,  p.  112. 


1260  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


2.  SCHOOL  GRANTS, 
a.  MINERAL  LANDS  EXCEPTED. 

See  14  Stat.  218,  p.  1090. 

The  grant  of  lands  under  this  statute  for  school  purposes  does  not  include  mineral 
lands. 

Mining  Co.  v.  Consol.  Min.  Co.,  102  U.  S.  167,  p.  169. 

California,  In  re,  22  L.  D.  402. 

See  Deffeback  v.  Hawke,  115  U.  S.  392,  p.  401. 

United  States  v.  San  Pedro,  etc.,  Co.,  4  N.  Mex.  225,  p.  294. 

Lands  well  known  to  be  valuable  for  mineral  or  well  known  as  mineral  lands  when 
surveyed  do  not  pass  to  the  State  under  the  school-section  grant. 

Mining  Co.  v.  Consol.  Min.  Co.,  102  U.  S.  167,  p.  175. 
United  States  v.  Mullan,  10  Fed.  785,  p.  787. 
Alabama,  In  re,  6  L.  D.  493,  p.  494. 
Pereira  v.  Jacks,  15  L.  D.  273. 
California  v.  Poley,  4  C.  L.  0.  18. 

This  act  extends  the  statute  of  1841  over  all  public  lands  in  California,  excepting 
sections  16  and  36  granted  to  the  State  for  school  purposes  and  excepting  also  the 
mineral  lands. 

United  States  v.  Mullan,  10  Fed.  785,  p.  787. 

While  there  is  no  express  exception  of  mineral  lands  from  the  operation  of  the  grant 
of  sections  16  and  36  to  California  for  school  purposes,  yet  Congress  did  not  intend  to 
depart  from  its  uniform  policy,  and  mineral  lands  were  accordingly  excluded  from 
the  grant  if  known  to  be  so  when  the  survey  was  made  and  did  not  pass  to  the  State 
under  the  grant. 

Miner,  In  re,  9  L.  D.  408,  p.  411. 

No  mineral  lands  were  granted  by  this  act. 

Keystone  Consol.  Min.  Co.  v.  California,  Copp's  Min.  Lands  101. 

b.  IMPROVED  LANDS  EXCEPTED. 

This  section  excepts  from  the  grant  to  the  State  lands  sections  16  and  36  upon  which 
a  settlement  of  any  kind  had  been  made  prior  to  survey,  including  mining  locations. 

Keystone  Consol.  Min.  Co.  v.  California,  Copp's  Min.  Lands  101,  p.  110. 
See  California,  In  re,  Copp's  Min.  Lands  224. 

This  section  gives  the  inhabitants  of  towns  located  on  or  near  mineral  lands  the 
right  of  occupation  and  cultivation  only  until  such  time  as  Congress  shall  dispose  of 
the  same,  and  does  not  in  its  terms  dispose  of  such  mineral  lands,  but  very  carefully 
reserves  such  mineral  lands  from  its  operation. 

Keystone  Consol.  Min.  Co.  v.  California,  Copp's  Min.  Lands,  101,  p.  111. 

C.  TIME  OP  TAKING  EFFECT — SURVEY. 

The  grant  to  the  State  of  California  of  sections  16  and  36  for  school  purposes  took 
effect  upon  specific  tracts  only  when  the  same  were  surveyed  and  not  before,  and  no 
mineral  lands  passed  to  the  State  by  the  grant. 

Delaney  v.  Thomas,  2  C.  L.  0.  50. 
California  v.  Poley,  4  C.  L.  0.  18. 

The  completion  of  the  survey  must  be  taken  as  the  date  when  the  grant  of  land  to 
California  as  school  land  takes  effect. 

Pereira  v.  Jacks,  15  L.  D.  273,  p.  274. 
Virginia  Lode,  In  re,  7  L.  D.  459. 

Townsite  of  Silver  Cliff  v.  Colorado,  Copp's  Min.  Lands,  261. 


STATE  AND  PUBLIC  GRANTS,  PP.  123{>-1307. 


1261 


Title  to  lands  f>;ranted  under  this  act  for  school  purposes  does  not  vest  in  the  State, 
as  against  mineral  claimants,  until  a  survey  has  been  made. 

Keystone  Consol.  Min.  Co.,  v.  California,  Copp's  Min.  Lands  101,  p.  105. 
See  Terry  v.  Megerle,  24  Cal.  610. 

Grayson  v.  Knight,  27  Cal.  507 

Middleton  v.  Lowe,  30  Cal.,  596. 

California,  In  re,  Copp's  Min.  Lands  224. 

Under  this  section  none  but  township  lines  should  be  surveyed  where  the  lands 
are  mineral,  and  if  no  title  to  sections  16  and  36  could  vest  in  the  State  until  survey, 
then  no  title  to  mineral  lands  could  vest,  as  such  lands  were  not  permitted  to  be  sur- 
veyed under  this  section. 

Keystone  Consol.  Min.  Co.  v.  California,  Copp's  Min.  Lands  101,  p.  112. 

Congress  intended  by  this  act  that  no  surveys  should  be  made  of  mineral  lands  until 
it  further  ordered,  and  there  could  be  no  sale,  preemption,  or  other  title  acquired  in 
mineral  lands  until  Congress  provided  for  their  disposition. 

See  Alabama,  In  re,  6  L.  D.  493,  p.  494. 

Mining  Co.  v.  Consolidated  Min.  Co.,  102  U.  S.  167. 
Mullan  V.  United  States,  118  U.  S.  271. 

The  title  to  sections  16  and  36  for  school  purposes  vested  in  the  State  at  the  date 
of  the  survey,  May  19,  1866,  and  a  mining  company  could  acquire  no  rights  in  any 
such  sections  under  the  mining  act  approved  July  26, 1866  (14  Stat.  251). 

Water  &  Min.  Co.  v.  Bugbey,  96  U.  S.  165,  p.  167. 

Congress  was  so  careful  to  protect  mineral  lands  from  sale  and  preemption  that 
surveyors  were,  by  this  section,  forbidden  to  extend  their  surveys  from  such  mineral 
lands,  and  the  purpose  of  this  was  to  prevent  such  lands  from  sale,  preemption,  or 
other  title  acquired  in  mineral  lands,  and  reserve  them  from  disposal. 

Alabama,  In  re,  6  L.  D.  493,  p.  494. 

3.  SEMINARY  PURPOSES — MINERAL  LANDS  EXCEPTED. 

A  grant  of  land  for  use  of  a  seminary,  under  this  section,  expressly  excepted  mineral 
lands. 

California  v.  Foley,  In  re,  4  C.  L.  O.  18. 
See  Alabama,  In  re,  6  L.  D.  493. 

The  mineral  lands  are  exempted  from  the  operation  of  the  grants  of  72  sections  for 
the  use  of  a  seminary  of  learning  and  the  grant  of  10  sections  for  the  purpose  of  public 
buildings. 

Higgins  V.  Houghton,  25  Cal.  252,  p.  255. 

4.  SELECTIONS  FOR  PUBLIC  BUILDINGS — MINERAL  LANDS  EXCEPTED. 

This  section  gives  the  State  the  right  to  select  10  sections  for  public  building  pur- 
poses, but  expressly  provides  that  none  of  such  selections  shall  be  made  of  mineral 
lands. 

Keystone  Consol.  Min.  Co.  v.  California,  Copp's  Min.  Lands  101,  p.  112. 

5.  COAL  LANDS  RESERVED. 

These  acts  granting  the  sixteenth  and  thirty-sixth  sections  of  public  lands  to  Cali- 
fornia for  school  purposes  expressly  reserved  all  coal  lands  from  the  grant. 

Mullan  V.  United  States,  118  U.  S.  271,  p.  276. 
See  California,  In  re,  22  L.  D.  402. 


1262  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Coal  lands  are  mineral  lands  and  do  not  pass  to  the  State  under  this  act. 

Hogden,  In  re,  1  C.  L.  O.  135. 

Hogden  v.  California,  Sickels'  Min.  L.  &  D.  405. 

See  Mullan  v.  United  States,  118  U.  S.  271. 

Alabama,  In  re,  6  L.  D.  493. 

Colorado,  In  re,  Copp's  Min.  Lands  341,  p.  342. 

6.  SELECTION  OF  LIEU  LANDS — EFFECT. 

Granting  certain  lands  to  the  State  of  California  did  not  give  the  State  a  vested  right 
to  select  lands  in  lieu  of  sections  16  and  36,  so  that  the  right  to  select  could  not  be 
withdrawn  by  the  Government  from  any  particular  lands  or  claims  of  lands  at  any  time 
before  selection  was  actually  made. 

United  States  v.  Mullan,  10  Fed.  785,  p.  790. 

Keystone  Consol.  Min.  Co.  v.  California,  Copp's  Min.  Lands  101,  p.  112. 
See  Mining  Co.  v.  Consolidated  Min.  Co.,  102  U.  S.  167. 
Alabama,  In  re,  6  L.  D.  493. 

This  act  provides  that  when  settlement  has  been  made  on  lands  afterwards  surveyed 
and  falling  within  sections  16  and  36,  other  lands  shall  be  selected  in  lieu  thereof;  but 
no  person  shall  obtain  the  benefit  of  this  act  by  a  settlement  or  location  on  mineral 
lands. 

United  States  v.  Mullan,  10  Fed.  785,  p.  787. 

Under  this  statute  mineral  lands  can  not  be  legally  selected  in  lieu  of  school  sections 
lost  or  otherwise  disposed  of. 

United  States  v.  Curtner,  38  Fed.  1,  p.  10. 
Swank  v.  California,  27  L.  D.  411,  p.  413. 
McQuiddy  v.  California,  29  L.  D.  181,  p.  183. 

Under  this  grant  the  State  of  California  is  not  entitled  to  select  and  locate  lieu  lands 
for  such  portions  of  sections  16  and  36  as  are  mineral  in  character. 

California,  In  re,  Copp's  Min.  Lands  224,  p.  225. 

See  Keystone  Consol.  Min,  Co,  v.  California,  Copp's  Min.  Lands  101. 

Lands  returned  as  mineral  can  not  be  selected  as  school  indemnity  lands  until  after 
due  notice  of  intention  to  make  the  application  and  affirmative  proof  as  to  the  non- 
mineral  character  of  the  land. 

California,  In  re,  22  L.  D,  402,  p.  403. 

Where  it  appears  that  the  State  entered  other  land  in  lieu  of  the  land  in  dispute, 
it  sufficiently  shows  that  the  State,  by  taking  indemnity  land,  recognized  the  min- 
eral character  of  the  land  in  controversy 

Pereira  v.  Jacks,  15  L.  D.  273,  p.  275. 

In  the  grant  of  the  sixteenth  and  thirty -sixth  sections  to  California  for  school  purposes 
with  the  right  of  indemnity  selection  mineral  lands  were  expressly  excepted  from  the 
operation  of  the  grant. 

California,  In  re,  22  L,  D.  402. 

Lands  chiefly  valuable  for  gypsum  or  petroleum  deposits  contained  therein  are  not 
subject  to  selection  as  indemnity  under  a  school-land  grant. 
McQuiddy  v.  California,  29  L.  D.  181,  p.  183. 

The  law  governing  the  right  of  a  State  to  indemnity  school  land  is  in  every  respect 
similar  to  the  law  governing  the  right  of  a  railroad  company  to  select  indemnity  land, 
and  prior  to  such  indemnity  selection,  if  the  land  is  mineral  in  character,  it  is  open 
to  exploration  and  purchase  under  the  mining  statutes. 

Swank  v.  California,  27  L.  D.  411,  p.  413. 
McQuiddy  v,  California,  29  L.  D.  181,  p.  183. 
California,  In  re,  41  L.  D.  592,  p,  596. 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1307. 


1263 


7.  PKOOF  OF  MINERAL  CHARACTER  OF  LAND. 

The  affirmative  proof  required  by  the  mining  regulations  under  this  act  should  be 
ample  and  may  consist  of  the  affidavit  of  an  applicant  supported  by  the  affidavits  of 
two  or  more  persons  whose  acquaintance  with  the  character  of  the  land  is  derived 
from  a  careful  personal  examination  of  each  ten-acre  tract  thereof. 

California,  In  re,  22  L.  D.  402,  p.  403. 

The  fact  that  mineral  had  been  discovered  on  land  and  that  further  expenditures 
had  been  made  in  the  development  of  the  same,  considered  together  with  the  admis- 
sion of  the  State  relative  to  the  mineral  character  of  the  land,  and  considered  also 
together  with  the  fact  that  the  evidence  shows  the  land  to  have  but  little,  if  any, 
agricultural  value,  is  sufficient  to  overcome  the  agricultural  return  and  to  show  that 
the  land  has  a  greater  value  for  mineral  than  for  agricultural  purposes. 

McQuiddy  v.  California,  29  L.  D.  181,  p.  184. 

8.  SUBSEQUENT  DISCOVERY  OF  MINERALS  EFFECT. 

The  sale  or  patent  of  lands  not  known  to  be  mineral  at  the  time  is  not  affected  by 
the  subsequent  discovery  of  their  mineral  character,  and  this  will  not  divest  the  title 
which  has  already  passed. 

Miner,  In  re,  9  L.  D.  408,  p.  409. 

See  Mining  Co.  v.  Consolidated  Min.  Co.,  102  U.  S.  167,  p.  175. 
Colorado,  In  re,  6  L.  D.  412. 
Virginia  Lode,  In  re,  7  L.  D.  459. 
California  v.  Foley,  4  C.  L.  O.  18. 
Dartt,  In  re,  5  C.  L.  O.  178. 

Townsite  of  Silver  Cliff  v.  Colorado,  6  C.  L.  O.  152. 
Title  vests  under  this  act  at  the  date  of  the  completion  of  the  official  survey,  and  the 
subsequent  discovery  of  the  mineral  character  of  the  lands  will  not  divest  the  State's 
title. 

Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238,  p.  243. 

Under  this  grant  to  the  State  of  sections  16  and  36,  the  State  has  power  to  sell  and 
convey  such  sections  by  valid  title,  though  containing  minerals. 
Higgins  V.  Houghton,  25  Cal.  252,  p.  258. 

10  STAT,  346,  AUGUST  3,  1854. 

TITLE  VESTED  IN  STATES. 

AN  ACT  To  vest  in  the  several  States  and  Territories  the  title  in  fee  of  the  lands  which 
have  been  or  may  be  certified  to  them. 

Be  it  enacted,  etc.,  That  in  all  cases  where  lands  have  been,  or 
shall  hereafter  be,  granted  by  any  law  of  Congress  to  any  one  of  the 
several  States  and  Territories;  and  where  said  law  does  not  convey 
the  fee-simple  title  of  such  lands,  or  require  patents  to  be  issued 
therefor;  the  lists  of  such  lands  which  have  been,  or  may  hereafter 
be  certified  by  the  Commissioner  of  the  General  Land  Office,  under 
the  seal  of  said  office,  either  as  originals,  or  copies  of  the  origi- 
nals or  records,  shall  be  regarded  as  conveying  the  fee  simple  of  all 
the  lands  embraced  in  such  lists  that  are  of  the  character  contem- 

Elated  by  such  act  of  Congress,  and  intended  to  be  granted  thereby; 
ut  where  lands  embraced  in  such  lists  are  not  of  the  character  em- 
braced by  such  acts  of  Congress,  and  are  not  intended  to  be  granted 
thereby,  said  lists,  so  far  as  these  lands  are  concerned,  shall  be  per- 
fectly null  and  void,  and  no  right,  title,  claim,  or  interest  shall  be 
conveyed  thereby. 


1264  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


10  STAT.  597,  DECEMBER  15,  1854. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  WISCONSIN. 

AN  ACT  To  relinquish  to  the  State  of  Wisconsin  the  lands  reserved  for  salt  springs 

therein. 

Be  it  enacted,  etc.,  That  in  lieu  of  the  ''12  salt  springs,  with  six 
sections  of  land  adjoining  to  each,"  heretofore  granted  to  the  State 
of  Wisconsin  for  its  use  by  the  fourth  clause  of  the  seventh  section 
of  the  act  entitled  ''An  act  to  enable  the  people  of  Wisconsin  Ter- 
ritory to  form  a  constitution  and  State  government,  and  for  the  ad- 
mission of  such  State  into  the  Union,"  approved  August  6,  1846 
(9  Stat.  56),  there  be  and  hereby  is  granted  to  the  said  State  of  Wis- 
consin, to  be  selected  by  the  legislature  of  said  State  out  of  any 
public  lands  subject  to  private  entry,  and  to  be  sold  in  such  manner 
as  the  legislature  may  direct,  for  the  benefit  and  in  aid  of  the  univer- 
sity of  said  State,  and  for  no  other  purpose  whatever,  72  sections 
of  land:  Provided,  That  any  selections  of  land  heretofore  made  under 
the  act  entitled  "An  act  to  extend  the  time  for  selecting  land  granted 
to  the  State  of  Wisconsin,  for  saline  purposes,"  approved  May  4, 
1852  (10  Stat.  5),  and  which  shall  not  have  been  sold  by  the  United 
States,  and  is  not  legally  claimed  by  preemption,  or  otherwise,  shall 
be,  and  hereby  are  granted  and  confirmed  to  said  State  for  the  use 
of  the  university  of  said  State,  as  a  part  of  the  72  sections  hereby 
granted. 

11  STAT.  9,  MAY  15,  1856. 

GRANT  TO  IOWA  IN  AID  OF  RAILROADS. 

AN  ACT  Making  a  grant  of  lands  to  Iowa  in  alternate  sections  to  aid  in  the  construc- 
tion of  certain  railroads  in  said  State. 

Be  it  enacted,  etc..  That  there  be  and  is  hereby  granted  to  the 
State  of  Iowa,  for  the  purpose  of  aiding  in  the  construction  of  rail- 
roads, *  *  *  And  provided  further,  That  any  and  all  lands 
heretofore  reserved  to  the  United  States,  by  any  act  of  Congress, 
or  in  any  other  manner  by  competent  authority,  for  the  purpose  of 
aiding  in  any  object  of  internal  improvement,  or  for  any  other  pur- 
pose whatsoever,  be  and  the  same  are  hereby  reserved  to  the  United 
States  from  the  operation  of  this  act.    *    *  * 

A.  GENERAL  RESERVATION— SALINE  LANDS  INCLUDED. 

The  proviso  of  this  grant  recognizes  the  reservations  made  by  all  acts  of  Congress, 
and  it  is  therefore  construed  as  reserving  and  accepting  all  saline  lands  from  the  grant. 

Horton,  In  re,  9  C.  L.  O.  121,  p.  122. 
See  Morton  v.  Nebraska,  88  U.  S.  660. 

11  STAT.  15,  MAY  17,  1856. 

GRANT  TO  ALABAMA  AND  FLORIDA  IN  AID  OF  RAILROADS. 

AN  ACT  Granting  public  lands,  in  alternate  sections,  to  the  States  of  Florida  and 
Alabama,  to  aid  in  the  construction  of  certain  railroads  in  said  States. 

Be  it  enacted,  etc.,  That  there  be  and  is  hereby  granted  to  the 
State  of  Florida,  for  the  purpose  of  aiding  in  the  construction  of 
railroads,    *    *    *    And  provided  further.  That  any  and  all  lands 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1307. 


1265 


heretofore  reserved  to  the  United  States  by  any  act  of  Congress,  or 
in  any  other  manner  by  competent  authority,  for  the  purpose  of 
aiding  in  any  object  of  internal  improvement,  or  for  any  other  pur- 
pose whatsoever,  be,  and  the  same  are  hereby,  reserved  to  the  United 
States  from  the  operation  of  this  act,  except  so  far  as  it  may  be 
found  necessary  to  locate  the  routes  of  said  railroads  or  branch 
through  such  reserved  lands;  in  which  case  the  right  of  way  only  shall 
be  granted,  subject  to  the  approval  of  the  President  of  the  United 
States. 

Sec.  6.  And  be  it  further  enacted.  That  a  similar  grant  of  alternate 
sections  of  public  land  is  hereby  made  to  the  State  of  Alabama,  to 
aid  in  the  construction  of  a  railroad  from  Montgomery,  in  said  State, 
to  the  boundary  line  between  Florida  and  Alabama,  in  the  direction 
of  Pensacola,  and  to  connect  with  the  road  from  Pensacola  to  said 
line,  upon  the  same  terms  and  conditions  in  all  respects  as  are  here- 
inbefore prescribed  for  the  grant  to  Florida. 

A.  RAILROAD  GRANTS  IN  ALABAMA  AND  FLORIDA. 

1.  MINERALS  AND  PHOSPHATES  EXCEPTED. 

Mineral  lands  did  not  pass  with  the  grant,  though  not  expressly  excluded. 

Florida  Central  &  Peninsular  R.  Co.,  In  re,  26  L.  D.  600. 
Utah  V.  Allen,  27  L.  D.  53,  p.  55. 

Lands  containing  valuable  deposits  of  phosphate  are  excepted  from  this  grant. 

Florida  Central  &  Peninsula  R.  Co.,  In  re,  26  L.  D.  600,  p.  601. 
See  Richter  v.  Utah,  27  L.  D.  95,  p.  98. 

Railroad  grants  of  land  in  mineral  regions  uniformly  contain  a  reservation  of  min- 
eral lands. 

Florida  Central  &  Peninsular  R.  Co.,  In  re,  26  L.  D.  600,  p.  602. 
Overruling  Tucker  v.  Florida,  R.,  etc.,  Co.,  19  L.  D.  414,  p.  415. 

16  STAT.  45,  APRIL  10,  1869. 

GRANT  TO  ALABAMA  IN  AID  OF  RAILROADS. 
AN  ACT  To  renew  certain  grants  of  land  to  the  State  of  Alabama. 

Be  it  enacted,  etc.,  That  so  much  of  the  grant  of  lands  made  to 
the  State  of  Alabama  hj  the  act  of  Congress  approved  June  3,  1856, 
entitled  '^An  act  granting  public  lands  in  alternate  sections  to  the 
State  of  Alabama,  to  aid  in  the  construction  of  certain  railroads  in 
said  State"  (11  Stat.  17),  as  were  granted  to  assist  in  the  building 
of  railroads  ''from  near  Gadsden  to  some  point  on  the  Alabama  and 
Mississippi  State  line,  in  a  direction  to  the  Mobile  &  Ohio  Railroad, 
with  a  view  to  connect  with  the  said  Mobile  &  Ohio  Railroad"  and 
"from  Gadsden  to  connect  with  the  Georgia  &  Tennessee  and  Ten- 
nessee line  of  railroads  through  Chattooga,  Wills,  and  Lookout 
valleys,"  is  hereby  revived  and  renewed,  subject  to  all  the  conditions 
and  restrictions  contained  in  the  act  referred  to,  and  subject  to  the 
further  limitation  that  if  either  of  the  said  railroads  is  not  completed 
within  three  years  from  the  passage  of  this  act  no  further  sale  shall 
be  made  for  the  benefit  of  such  railroad,  and  the  lands  unsold  shall 
revert  to  the  United  States:  Provided,  That  the  lands  granted  by 


1266  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

the  act  hereby  revived,  except  mineral  lands,  shall  be  sold  to  actual 
settlers  only  in  quantities  not  greater  than  one-quarter  section  to 
any  one  purchaser,  and  for  a  price  not  exceeding  $2.50  per  acre. 

Note.— Original  act  (11  Stat.  17)  not  taken. 

11  STAT.  166,  FEBRUARY  26,  1857. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  MINNESOTA. 

AN  ACT  To  authurize  the  people  of  the  Territory  of  Minnesota  to  form  a  constitution 
and  State  government,  preparatory  to  their  admission  in  the  Union  on  an  equal 
footing  with  the  original  States. 

Be  it  enacted,  etc.,  That  the  inhabitants  of  that  portion  of  the  Ter- 
ritory of  Minnesota  which  is  embraced  within  the  following  limits, 
to  wit:  [here  describing]    *    *  * 

Sec.  5.  And  be  it  further  enacted,  That  the  following  propositions 
be,  and  the  same  are  herebjr  offered  to  the  said  convention  of  the 
people  of  Minnesota  for  their  free  acceptance  or  rejection,  which, 
if  accepted  by  the  convention,  shall  be  obligatory  on  the  United 
States  and  upon  the  said  State  of  Minnesota,  to  wit:    *    *  * 

Fourth.  That  all  salt  springs  within  said  State,  not  exceeding  12 
in  number,  with  six  sections  of  land  adjoining,  or  as  contiguous  as 
may  be  at  each,  shall  be  granted  to  said  State  for  its  use;  the  same  to 
be  selected  by  the  governor  thereof  within  one  year  after  the  ad- 
mission of  said  State,  and  when  so  selected,  to  be  used  or  disposed 
of  on  such  terms,  conditions,  and  regulations  as  the  legislature  shall 
direct:  Provided,  That  no  salt  spring  or  land,  the  right  whereof  is 
now  vested  in  any  individual  or  individuals,  or  which  may  be  here- 
after confirmed  or  adjudged  to  any  individual  or  individuals,  shall,  by 
this  article,  be  granted  to  said  State. 

Fifth.  That  5  per  cent  of  the  net  proceeds  of  sales  of  all  pub- 
lic lands  lying  within  said  State,  which  shall  be  sold  by  Congress 
after  the  admission  of  the  said  State  into  the  Union,  after  deduct- 
ing all  the  expenses  incident  to  the  same,  shall  be  paid  to  said  State, 
for  the  purpose  of  making  public  roads  and  internal  improvements, 
as  the  legislature  shall  direct.    *    *  * 

A.  GRANT  TO  MINNESOTA. 

1.  SALT  SPRINGS  INCLUDED  EXCEPTIONS. 

This  act  granted  to  Minnesota  all  the  salt  springs  and  the  lands  reserved  for  the 
use  of  the  same. 
Hall  V.  Litchfield,  2  C.  L.  O.  179. 

This  act  granted  to  the  State  of  Minnesota  all  salt  springs  not  exceeding  12  in  num- 
ber with  six  sections  of  adjoining  or  contiguous  lands  to  be  selected  within  prescribed 
periods,  but  excluding  all  salt  springs  wherein  private  rights  have  vested. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  5. 

This  act,  while  authorizing  the  people  of  Minnesota  to  form  a  State,  provided  that 
no  salt  spring,  the  right  whereof  now  is,  or  hereafter  shall  be,  confirmed  or  adjudged 
to  any  individual  or  individuals,  shall  by  this  section  be  granted  to  said  State. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  601. 


STATE  AND  PUBLIC  CRANTS,  PP.  1239-1307. 


1267 


11  STAT.  269,  MAY  4,  1858. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  KANSAS. 
AN  ACT  For  the  admission  of  the  State  of  Kansas  into  the  Union. 

Be  it  enacted,  etc.^  That  the  State  of  Kansas  be,  and  is  hereby, 
admitted  into  the  Union  on  an  equal  footing  with  the  original  States, 
in  all  respects  whatever.    *    *  * 

Fourth.  That  all  salt  sjjrings  within  said  State,  not  exceeding 
12  in  number,  with  six  sections  of  land  adjoining,  or  as  contiguous 
as  may  be  to  each,  shall  be  granted  to  said  State  for  its  use,  the  same 
to  be  selected  by  the  Governor  thereof,  within  one  year  after  the 
admission  of  said  State;  and,  when  so  selected,  to  be  used  or  disposed 
of  on  such  terms,  conditions,  and  regulations  as  the  legislature  may 
direct:  Provided,  That  no  salt  spring  or  land  the  right  whereof  is 
now  vested  in  any  indiviiual  or  individuals,  or  which  may  hereafter 
be  confirmed  or  adjudged  to  any  individual  or  individuals,  shall 
by  this  article  be  granted  to  said  State. 

Fifth.  That  5  per  cent  of  the  net  proceeds  of  sales  of  all  public  lands 
Ijin^  within  said  State  which  shall  be  sold  by  Congress  after  the  ad- 
mission of  said  State  into  the  Union,  after  deducting  all  the  expenses 
incident  to  the  same,  shall  be  paid  to  said  State  for  the  purpose  of 
making  public  roads  and  internal  improvements,  as  the  legislature 
shall  direct:  Provided,  The  foregoing  propositions  herein  offered  are 
on  the  condition  that  said  State  of  Kansas  shall  never  interfere  with 
the  primary  disposal  of  the  lands  of  the  United  States,  or  with  any 
regulations  which  Congress  may  find  necessary  for  securing  the  title 
in  said  soil  to  bona  fide  purchasers  thereof,  and  that  no  tax  shall  be 
imposed  on  lands  belonging  to  the  United  States,  and  that  in  no 
case  shall  nonresident  proprietors  be  taxed  higher  than  residents. 

Sixth.  And  that  said  State  shall  never  tax  the  lands  or  property 
of  the  United  States  in  that  State.    *    *  * 

A.  GRANT  TO  KANSAS. 

1.  SALINES  AND  SALT  SPRINGS. 

This  act  granted  to  Kansas  all  the  salt  springs  and  the  lands  reserved  for  the  use  of 
the  same. 
Hall  V.  Litchfield,  2  C.  L.  O.  179. 

This  act  granted  to  the  State  of  Kansas  all  salt  springs  not  exceeding  12  in  number 
with  six  sections  of  adjoining  or  contiguous  land  to  be  selected  within  prescribed 
periods,  but  excluding  all  salt  springs  wherein  private  rights  have  vested. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  5. 

This  act,  while  authorizing  the  people  of  Kansas  to  form  a  State ,  provided  that  no 
salt  spring  the  right  whereof  now  is,  or  hereafter  shall  be,  confirmed  or  adjudged  to 
any  individual  or  individuals,  shall  by  this  section  be  granted  to  said  State. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  601. 

11  STAT.  383,  FEBRUARY  14,  1859. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  OREGON. 
AN  ACT  For  the  admission  of  Oregon  into  the  Union. 

Be  it  enacted,  etc.,  That  Oregon  be,  and  she  is  hereby,  received 
into  the  Union  on  an  equal  footing  with  the  other  States  in  all  re- 
spects whatever,  with  the  following  boundaries:  (Here  describing). 


1268  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Sec.  4.  And  be  it  further  enacted,  That  the  following  proposi- 
tions be,  and  the  same  are  hereby,  offered  to  the  said  people  of^ Oregon 
for  their  free  acceptance  or  rejection,  which,  if  accepted,  shall  be 
obligatory  on  the  United  States  and  upon  the  said  State  of  Oregon, 
to  wit:    *    *  * 

Fourth.  That  all  salt  springs  within  said  State,  not  exceeding 
12  in  number,  with  six  sections  of  land  adjoining,  or  as  contiguous 
as  may  be  to  each,  shall  be  granted  to  said  State  for  its  use,  the  same 
to  be  selected  by  the  governor  thereof  within  one  year  after  the 
admission  of  said  State,  and  when  so  selected,  to  be  used  or  disposed 
of  on  such  terms,  conditions,  and  regulations  as  the  legislature  shall 
direct:  Provided,  That  no  salt  spring  or  land,  the  right  whereof  is 
now  vested  in  any  individual  or  individuals,  or  which  may  be  hereafter 
confirmed  or  adjudged  to  any  individual  or  individuals,  shall  by  this 
article  be  granted  to  said  State. 

Fifth.  That  5  per  centum  of  the  net  proceeds  of  sales  of  all  public 
lands  lying  within  said  State  which  shall  be  sold  by  Congress  after 
the  admission  of  said  State  into  the  Union,  after  deducting  all  the 
expenses  incident  to  the  same,  shall  be  paid  to  said  State,  for  the 
purpose  of  making  public  roads  and  internal  improvements,  as  the 
legislature  shall  direct:    *    *  * 

A.  GRANT  TO  OREGON. 

1.  Salines  and  salt  springs. 

2.  Selections  by  State — Time  of  making. 

3.  Selection  of  lieu  lands — Proof  of  mineral  character. 

1.  SALINES  and  salt  SPRINGS. 

This  act  granted  to  Oregon  all  the  salt  springs  and  all  lands  reserved  for  the  use  of 
the  same. 
Hall  V.  Litchfield,  2  C.  L.  O.  179. 

This  act  was  a  grant  to  the  State  of  Oregon  of  certain  salt  springs  and  lands  in  con- 
nection therewith,  and  operated  to  pass  the  title  to  a  certain  number  of  salt  springs 
and  prescribed  the  amount  of  land  in  connection  with  each,  but  did  not  attach  to  any 
specific  salt  springs  or  land  until  selection  was  made,  and  the  act  does  not  in  any  way 
limit  the  power  of  Congress  to  provide  other  methods  of  disposing  of  lands  of  the  class 
contemplated,  so  long  as  the  same  remained  unselected. 

Oregon  v.  Jones,  24  L.  D.  116,  p.  118. 

This  act  granted  to  the  State  of  Oregon  all  salt  springs  not  exceeding  12  in  number 
with  six  sections  of  adjoining  or  contiguous  land  to  be  selected  within  prescribed 
periods,  but  excluding  all  salt  springs  wherein  private  rights  have  vested. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  5. 

This  act,  while  authorizing  the  people  of  Oregon  to  form  a  State,  provided  that  no 
salt  spring  the  right  whereof  now  is,  or  hereafter  shall  be,  confirmed  or  adjudged  to 
any  individual  or  individuals,  shall  by  this  section  be  granted  to  said  State. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  601. 

The  Oregon  enabling  act,  while  excepting  mineral  lands  and  salines,  says  nothing 
about  town  sites. 
Marlin  v.  T'Vault,  1  Oreg.  77,  p.  85. 


STATE  AND  PUBLIC  C.RANTS,  PP.  1239-1307. 


1269 


2.  SELECTIONS  BY  STATE  TIME  OF  MAKING. 

The  provisions  of  this  act  as  to  the  time  within  which  a  State  shall  make  its  selec- 
tions of  salt  springs  and  adjacent  lands  are  directory  and  not  mandatary. 
Oregon  v.  Jones,  24  L.  D.  116,  p.  117. 

Under  this  act  the  selection  of  salt  springs  must  be  made  within  one  year  after  the 
admission  of  the  State. 
Oregon  v.  Jones,  24  L.  D.  116,  p.  118. 

Under  this  statute  the  State  of  Oregon  has  the  right  to  make  selection  of  any  unappro- 
priated saline  lands  within  the  State  in  satisfaction  of  its  grant. 
Oregon  v.  Jones,  24  L.  D.  116,  p.  119. 

3.  SELECTION  OF  LIEU  LANDS  PROOF  OF  MINERAL  CHARACTER. 

A  State  will  not  be  permitted  to  make  selection  in  lieu  of  land  in  a  school  section 
alleged  to  be  mineral  in  character,  whether  returned  by  the  surveyor  general  as  min- 
eral or  otherwise,  where  the  proof  falls  short  of  showing  that  such  lands  were  of  known 
mineral  character  at  the  date  of  the  survey  and  does  not  overcome  the  presumption 
that  the  title  passed  to  the  State  upon  their  identification  by  survey. 

Oregon,  In  re,  32  L.  D.  105,  p.  106. 

Under  this  act  and  the  regulations,  the  State  will  not  be  permitted  to  make  selec- 
tions in  lieu  of  land  within  a  school  section  alleged  to  be  mineral  in  character  and  con- 
sequently excepted  from  the  grant,  whether  returned  by  the  surveyor  general  as 
mineral  or  not,  in  the  absence  of  proof  that  the  base  land  was  known  to  be  chiefly  valua- 
ble for  mineral  at  the  date  the  State's  rights  attached. 

Oregon,  In  re,  32  L.  D.  412,  p.  413. 

The  Land  Department  has  always  required  satisfactory  proof  in  support  of  the 
alleged  mineral  character  of  base  lands  and  the  rule  is  prescribed  only  to  aid  the  State 
in  the  orderly  presentation  of  its  claim,  and  until  approved  by  the  Secretary  of  the 
Interior  there  is  in  realty  no  selection  as  the  prooof  of  a  list  and  showing  in  support 
thereof  are  only  preliminary  proceedings  taken  for  that  purpose. 

Oregon,  In  re,  32  L.  D.  412,  p.  413. 

In  the  absence  of  a  bona  fide  claim  asserted  under  the  mining  laws,  the  State  will 
not  be  heard  to  question  its  own  title  and  that  of  its  vendees  to  the  lands  in  place  for 
the  purpose  of  affording  it  a  base  for  the  selection  of  indemnity  lands  elsewhere. 

Oregon,  In  re,  32  L.  D.  412,  p.  414. 

12  STAT.  124,  DECEMBER  17,  1860. 

SELECTION  OF  SALT  SPRINGS— OREGON. 
AN  ACT  To  amend  the  fourth  section  of  the  act  for  the  admission  of  Oregon,  etc. 

Be  it  enacted,  etc,  That  the  time  for  selecting  the  salt  springs  and 
contiguous  lands,  according  to  the  provisions  of  the  fourth  section  of 
the  act  entitled  ''An  act  for  the  admission  of  Oregon  into  the  Union," 
approved  February  14,  1859  (11  Stat.  383),  be  extended  to  any  time 
within  three  years  from  the  passage  of  this  act,  anything  in  said 
section  to  the  contrary  notwithstanding. 

A.  SALT  SPRINGS— TIME  OF  SELECTION. 

This  act  amends  the  original  only  in  the  matter  of  time  within  which  the  selection  of 
salt  springs  is  to  be  made  by  extending  it  to  any  time  within  three  years  from  the  pas- 
sage of  the  amendatory  act. 

Oregon  v.  Jones,  24  L.  D.  116,  p.  118. 


1270  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


12  STAT.  126,  JANUARY  29,  1861. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  KANSAS. 
AN  ACT  For  the  admission  of  Kansas  into  the  Union. 

Be  it  enacted,  etc.,  That  the  State  of  Kansas  shall  be,  and  is  hereby 
declared  to  be,  one  of  the  United  States  of  America,  and  admitted 
into  the  Union  on  an  equal  footing  with  the  original  States  in  all 
respects  whatever.  And  the  said  State  shall  consist  of  all  the  terri- 
tory included  within  the  following  boundaries,  to  wit:  (Here  de 
scribing) . 

*****  ^  * 

Sec.  3.  And  be  it  further  enacted.  That  nothing  in  this  act  shall 
be  construed  as  an  assent  by  Congress  to  all  or  to  any  of  the  proposi- 
tions or  claims  contained  in  the  ordinance  of  said  constitution  of  the 
people  of  Kansas,  or  in  the  resolutions  thereto  attached;  but  the  fol- 
lowing propositions  are  hereby  offered  to  the  said  people  of  Kansas 
for  their  free  acceptance  or  rejection,  which,  if  accepted,  shall  be 
obligatory  on  the  United  States  and  upon  the  said  State  of  Kansas, 
to  wit:  *  *  *  Fourth.  That  all  salt  springs  within  said  State, 
not  exceeding  12  in  number,  with  six  sections  of  land  adjoining  or 
as  contiguous  as  may  be  to  each,  shall  be  granted  to  said  State  for 
its  use,  the  same  to  be  selected  by  the  governor  thereof  within  one 
year  after  the  admission  of  said  State,  and  when  so  selected  to  be 
used  or  disposed  of  on  such  terms,  conditions,  and  regulations  as  the 
legislature  shall  direct:  Provided,  That  no  salt  spring  or  land,  the 
right  whereof  is  now  vested  in  any  individual  or  individuals,  or  which 
may  be  hereafter  confirmed  or  adjudged  to  any  individual  or  indi- 
viduals, shall  by  this  article  be  granted  to  said  State.    *    *  * 

12  STAT.  603,  JULY  2,  1862. 

LANDS  DONATED  TO  STATES. 

AN  ACT  Donating  public  lands  to  the  several  States  and  Territories  which  may  pro- 
vide colleges,  etc. 

Be  it  enacted,  etc..  That  there  be  granted  to  the  several  States,  for 
the  purposes  hereinafter  mentioned,  an  amount  of  pubhc  land,  to  be 
apportioned  to  each  State  a  (quantity  equal  to  30,000  acres  for  each 
Senator  and  Representative  m  Congress  to  which  the  States  are 
respectively  entitled  by  the  apportionment  under  the  census  of  1860: 
Provided,  That  no  mineral  lands  shall  be  selected  or  purchased  under 
the  provisions  of  this  act. 

13  STAT.  30,  MARCH  21,  1864. 

SALINES  AND  MINERALS  RESERVED— NEVADA. 

AN  ACT  To  enable  the  people  of  Nevada  to  form  a  constitution  and  State  govern- 
ment, etc. 

Be  it  enacted,  etc..  That  the  inhabitants  of  that  portion  of  the 
Territory  of  Nevada  included  in  the  boundaries  hereinafter  desig- 
nated be,  and  they  are  hereby,  authorized  to  form  for  themselves,  out 

of  said  Territory,  a  State  government,  with  the  name  aforesaid,  etc. 
*    *  * 


STATE  AND  PUBLIC  GRANTS,  PP.  1230-1307. 


1271 


Sec.  7.  And  bo  it  further  onactod,  That  sections  Nos.  16  and 
36,  in  every  township,  and  where  such  sections  have  been  sold  or 
otherwise  disposed  of  by  any  act  of  Congress,  other  lands  equivalent 
thereto  in  legal  subdivisions  of  not  less  than  one  quarter  section,  and 
as  contiguous  as  may  be,  shall  be,  and  are  hereby,  granted  to  said 
State  for  the  support  of  common  schools. 

A.  GRANT  TO  NEVADA. 

1.  Construction — Reservations. 

2.  Mineral  lands  reserved. 

3.  Salines  not  granted. 

4.  School  grants — Indemnity  lands. 

1.  construction  RESERVATIONS. 

At  the  date  of  the  admission  of  Navada  as  a  State  Congress  and  the  entire  country 
knew  that  the  State  was  possessed  of  great  mineral  wealth,  and  that  lands  containing 
it  should  be  disposed  of  differently  from  those  fit  only  for  agriculture.  But  until  the 
State  surveys  and  reserves  sections  16  and  36  Congress  reserved  the  right  either  to 
reserve  or  otherwise  dispose  of  such  section  or  the  mineral  lands  therein. 

Heydenfeldt  v.  Daney  Gold,  etc.,  Min.  Co.,  93  U.  S.  634,  p.  640. 

By  this  and  similar  grants  to  other  States  Congress  did  not  intend  to  depart  from  its 
uniform  policy  in  reserving  its  mineral  lands  in  the  grants  of  sections  13  and  36  for 
school  purposes. 

Garrard  v.  Silver  Peak  Mines,  82  Fed.  578,  p.  588. 

See  Mining  Co.  v.  Consolidated  Min.  Co.,  102  U.  S.  167,  p.  174. 

2.  MINERAL  LANDS  RESERVED. 

While  there  was  no  express  exception  of  mineral  lands  in  the  grant  of  school  lands 
to  Nevada,  yet  the  mineral  lands  in  sections  16  and  36  are  not  included  in  this  grant 
because  of  the  settled  policy  of  the  Government  to  withhold  mineral  lands  unless 
expressly  granted. 

Keystone  Lode  &  Mill  Site  v.  Nevada,  15  L.  D.  259. 

The  grant  of  the  sixteenth  and  thirty-sixth  sections  of  public  lands  to  Nevada  for 
Bchool  purposes  did  not  convey  mineral  lands. 

Keystone  Lode  &  Mill  Site  v.  Nevada,  15  L.  D.  259,  p.  260. 
See  Mining  Co.  v.  Consolidated  Min.  Co.,  102  U.  S.  167. 

Florida  Central  &  Peninsular  R.  Co.,  In  re,  26  L.  D.  600,  p.  603. 

Mineral  lands  are  excepted  from  this  grant  by  virtue  of  the  joint  resolution  of  January 
30,  1865  (13  Stat.  567). 
Nevada,  In  re,  Copp's  Min.  Lands  76. 

3.  SALINES  NOT  GRANTED. 

Saline  lands  are  mineral  and  were  not  included  in  the  grant  by  the  United  States 
to  the  State  of  Nevada. 

Garrard  v.  Silver  Peak  Mines,  82  Fed.  578,  p.  587. 

Hall  V.  Litchfield,  Copp's  Min.  Lands  333. 

Eagle  Salt  Works,  In  re,  5  C.  L.  O.  4. 

Kansas  City  Min.,  etc.,  Co.  v.  Clay,  3  Ariz.  326. 

See  Garrard  v.  Silver  Peak  Mines,  94  Fed.  983,  p.  987. 


1272  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


4.  SCHOOL  GRANTS  INDEMNITY  LANDS. 

This  act  grants  to  Nevada  sections  16  and  36  for  school  purposes,  but  expressly 
excepts  such  sections  when  found  to  be  mineral  and  permits  the  State  to  select  other 
lands  as  indemnity. 

Nevada,  In  re,  Copp's  Min.  Dec.  30,  p.  31.    See  1  C.  L.  O.  5. 

Under  this  statute  sections  16  and  36  were  reserved  to  the  State  of  Nevada,  but  this 
did  not  render  void  the  claim  or  right  of  a  qualified  person,  whose  settlement  on  mineral 
lands  which  embrace  a  part  of  either  of  said  sections  was  prior  to  the  United  States 
survey,  and  who  afterwards  received  a  patent  for  such  lands,  and  the  title  of  such 
person  to  such  land  was  superior  to  that  of  the  holder  of  an  older  patent  from  the  State 
of  Nevada. 

Heydenfeldt  v.  Daney  Gold,  etc.,  Min.  Co.,  93  U.  S.  634,  p.  640. 

13  STAT.  47,  APRIL  19,  1864. 

SALINES  AND  SALT  SPRINGS  GRANTED  TO  NEBRASKA. 
AN  ACT  To  enable  the  people  of  Nebraska  to  form  a  constitution,  etc. 
Be  it  enacted,  etc.    *    *  * 

Sec.  11.  And  be  it  further  enacted,  That  all  salt  springs  within 
said  State,  not  exceeding  12  in  number,  with  six  sections  of  land 
adjoining,  or  as  contiguous  as  may  be  to  each,  shall  be  granted  to 
said  State  for  its  use,  the  said  land  to  be  selected  by  the  governor 
thereof,  within  one  year  after  the  admission  of  the  State,  and  when  so 
selected  to  be  used  or  disposed  of  on  such  terms,  conditions,  and 
regulations  as  the  legislature  shall  direct:  Provided,  That  no  salt 
spring  or  lands,  the  right  whereof  is  not  vested  in  any  individual 
or  individuals,  or  which  hereafter  shall  be  confirmed  or  adjudged 
to  any  individual  or  individuals,  shall,  by  this  act,  be  granted  to 
said  State. 

******* 
A.  NEBRASKA  ENABLING  ACT. 

1.  Construction  and  purpose  as  to  salines. 

2.  Salines  and  salt  springs  included. 

3.  Vested  rights  in  salt  springs — Effect. 

1.  construction  and  purpose  as  to  salines. 

This  statute  intends  to  reserve  salines,  and  the  purpose  of  reserving  them  was  to 
preserve  them  for  the  use  of  the  future  States.  But  no  State  has  been  organized  with- 
out a  grant  of  a  certain  number  of  salt  springs.  In  the  earlier  grants  all  the  salt  springs 
within  the  boundaries  of  the  State  were  given,  but  since  the  admission  of  Missouri 
the  number  has  been  limited  to  12,  and  this  number,  with  a  certain  quantity  of 
contiguous  land,  were  granted  to  Nebraska  on  her  admission.  Congress  in  this  act 
assumed  that  the  springs  had  been  reserved  from  sale. 

Morton  v.  Nebraska,  88  U.  S.  660,  p.  672. 

By  the  enactment  of  these  statutes  Congress  did  not  intend  to  permit  the  sale  of 
salines  in  Territories  soon  to  be  organized  into  States,  and  thereby  subvert  a  long- 
established  policy.  These  statutes  amount  to  legislative  construction  showing  that 
these  salines  had  been  reserved. 

Morton  v.  Nebraska,  88  U.  S.  660,  p.  671. 

See  Garrard  v.  Silver  Peak  Mines,  82  Fed.  578,  p.  588. 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1307.  12  7  3 

This  act  affords  further  evidence  that  (Congress  by  the  act  of  July  22,  1854  (10  Stat. 
308),  intended  to  reserve  saline. 
Morton  v.  Nebraska,  88  U.      (21  Wall.)  G60,  p.  671. 

2.  SALINES  AND  SALT  SPRINGS  INCLUDED. 

This  act  granted  to  Nebraska  all  the  salt  springs  and  the  lands  reserved  for  the  use 
of  the  same. 
Hall  v.  Litchfield,  2  C.  L.  O.  179. 

Where  saline  lands  granted  under  this  act  have  been  selected,  the  grant  is  satisfied 
and  then  the  act  of  January  12,  1877  (19  Stat.  221),  applies. 
Horton,  In  re,  9  C.  L.  O.  121,  p.  122. 

While  the  words  of  the  proviso  to  the  saline  grant  to  Nebraska  are  not  the  same  as 
those  used  in  the  Missouri  grant,  yet  they  mean  the  same  thing  and  refer  to  completed 
claims,  while  the  last  provision  in  each  proviso  has  reference  to  claims  in  course  of 
completion  but  not  finally  passed  upon. 

Morton  v.  Nebraska,  88  U.  S.  660,  p.  673. 

3.  VESTED  RIGHTS  IN  SALT  SPRINGS  EFFECT. 

Tliis  act  provided  that  no  salt  spring,  the  right  whereof  now  is,  or  hereafter  shall  be, 
confirmed  or  adjudged  to  any  individual  or  individuals,  shall  by  this  section  be  granted 
to  said  State. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  601. 

This  act  granted  to  the  State  of  Nebraska  all  salt  springs  not  exceeding  12  in  number 
with  six  sections  of  adjoining  or  contiguous  land  to  be  selected  within  prescribed 
periods,  but  excluding  all  salt  springs  wherein  private  rights  have  vested. 

New  Mexico,  In  re,  35  L.  D,  1,  p.  4. 

The  vested  right  spoken  of  in  this  statute  does  not  mean  a  location  made  on  lands 
reserved  from  sale  or  entry. 
Morton  v.  Nebraska,  88  U.  S.  660,  p.  673. 

13  STAT.  567,  JANUARY  30,  1865. 

MINERAL  LANDS  RESERVED  FROM  STATE  AND  RAILROAD  GRANTS. 
JOINT  RESOLUTION  Reserving  mineral  lands,  etc. 

Be  it  resolved,  etc.,  That  no  act  passed  at  the  first  session  of  the 
Thirty-eighth  Congress,  granting  lands  to  States  or  corporations, 
to  aid  in  the  construction  of  roads  or  for  other  purposes,  or  to  extend 
the  time  of  grants  heretofore  made,  shall  be  so  construed  as  to  em- 
brace mineral  lands,  which  in  all  cases  shall  be,  and  are,  reserved 
exclusively  to  the  United  States,  unless  otherwise  specially  provided 
in  the  act  or  acts  making  the  grant. 

A.  EFFECT  AND  APPLICATION  OF  RESOLUTION. 

1.  Mineral  lands  excepted  from  congressional  grants. 

2.  Mineral  lands  in  Nevada. 

3.  Railroad  grant — Northern  pacific. 

1.  mineral  lands  excepted  from  congressional  grants. 

While  this  act  refers  in  terms  to  grants  made  during  the  first  session  of  the  Thirty- 
eighth  Congress,  yet  it  may  properly  be  regarded  as  expressive  of  the  sense  of  Congress 

56974°— Bull.  94,  pt  2—15  29 


1274 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


that  no  grant  of  public  lands  to  a  State  or  corporation  shall  include  mineral  lands 
unless  expressly  provided. 

Florida  Central  &  Peninsular  R.  Co.,  In  re,  26  L.  D.  600,  p.  602. 

2.   MINERAL  LANDS  IN  NEVADA. 

This  act  excludes  from  the  operation  of  the  enabling  act  of  the  State  of  Nevada  all 
mineral  lands. 

Heydenfeldt  v.  Daney  Gold,  etc.,  Min.  Co.,  10  Nev.  290,  p.  315. 
Nevada,  In  re,  Copp's  Min.  Lands  76. 

3.  RAILROAD  GRANT — NORTHERN  PACIFIC. 

See  13  Stat.  343,  p.  786;  13  Stat.  529,  p.  788. 

By  this  amendatory  act  all  mineral  lands  were  expressly  excluded  from  the  opera- 
tion of  the  original  grant  to  the  Northern  Pacific  Railroad  Co. 
Traphagen  v.  Kirk,  30  Mont.  562,  p.  571. 

14  STAT.  43,  MAY  5,  1866. 

MINERAL  LANDS  EXCEPTED  AND  CLAIMS  PROTECTED. 
AN  ACT  Concerning  the  boundaries  of  Nevada. 

Be  it  enacted,  etc.,  That,  as  provided  for  and  consented  to  in  the 
constitution  of  the  State  of  Nevada,  all  that  territory  and  tract  of 
land  adjoining  the  present  eastern  boundary  of  the  State  of  Nevada, 
*    *    *    is  hereby  added  to  and  made  a  part  of  the  State  of  Nevada. 

Sec.  2.  And  be  it  further  enacted.  That  there  is  hereby  added  to 
and  made  a  part  of  the  State  of  Nevada  all  that  extent  of  territory 
lying  within  the  following  boundaries,  to  wit  (here  described): 
Provided,  That  the  territory  mentioned  in  this  section  shall  not  be- 
come a  part  of  the  State  of  Nevada  until  said  State  shall,  through 
its  legislature,  consent  thereto:  And  provided  further,  That  all 
possessory  rights  acquired  by  citizens  of  the  United  States  to  mining 
claims,  discovered,  located,  and  originally  recorded  in  compliance 
with  the  rules  and  regulations  adopted  by  miners  in  the  Pah-Ranagat 
and  other  mining  districts  in  the  territory  incorporated  by  the  pro- 
visions of  this  act  into  the  State  of  Nevada  shall  remain  as  valid 
subsisting  mining  claims;  but  nothing  herein  contained  shall  be  so 
construed  as  granting  a  title  in  fee  to  any  mineral  lands  held  by 
possessory  titles  in  the  mining  States  and  Territories. 

A.  MINING  TITLES  PROTECTED. 

This  act  recognizes  and  protects  the  title  to  valid  subsisting  mining  claima  located 
in  compliance  with  the  rules  and  regulations  adopted  by  miners, 

Del  Monte  Min.,  etc.,  Co.  v.  Last  Chance  Min.,  etc.,  Co.,  171  U.  S.  55,  p.  62. 

14  STAT.  80,  JULY  3,  1866. 

MINERAL  LANDS  RESERVED  FROM  GRANT  IN  MICHIGAN. 

AN  ACT  Granting  certain  lands  to  the  State  of  Michigan  to  aid  in  the  construction 

of  a  ship  canal,  etc. 

Be  it  enacted,  etc.,  That  there  be,  and  is  hereby,  granted  to  the 
State  of  Michigan,  for  the  use  and  benefit  of  the  ''Lac  La  Belle 
Harbor  Improvement  Company,"  a  company  organized  under  and 


STATE  AND  PUBLIC  GRANTS^  PP.  1239-1307.  1275 

hj  virtue  of  the  laws  of  the  State  of  Michigan,  for  the  purpose  of 
aiding  in  the  construction  of  a  ship  canal  to  connect  the  waters  of 
Lake  Superior  with  the  lake  known  as  Lac  La  Belle,  in  said  State, 
100,000  acres  of  the  public  lands  of  tlie  United  States  in  the  Upper 
Peninsular  of  Michigan,  to  be  selected  from  the  odd-numbered  sec- 
tions of  land  nearest  the  location  of  said  canal,  not  otherwise  reserved 
or  appropriated,  or  designated  by  the  United  States  as  '^mineral 
lands''  prior  to  the  passage  of  this  act,  nor  to  which  the  rights  of 
preemption  or  homestead  have  attached :    *    *  * 

14  STAT.  81,  JULY  3,  1866. 

CANAL  GRANTS— MINERAL  LANDS  RESERVED. 

AN  ACT  Granting  lands  to  Michigan  to  aid  in  the  construction  of  a  harbor  and  ship 
canal  at  Portage  Lake,  Keewenaw  Point,  Lake  Superior. 

Be  it  enacted,  etc..  That  there  be,  and  hereby  is,  granted  to  the 
State  of  Michigan,  to  aid  in  the  building  of  a  harbor  and  ship  canal 
at  Portage  Lake,  Keewenaw  Point,  Lake  Superior,  in  addition  to  a 
former  grant  for  that  purpose,  approved  March  3,  1865  (13  Stat. 
520),  200,000  acres  of  land  in  the  Upper  Peninsular  of  the  State  of 
Michigan,  and  from  land  to  which  right  of  homestead  or  preemption 
has  not  attached.    *    *    *  provided  further.  That  no  lands 

designated  by  the  United  States  as  '^mineral"  before  the  passage 
of  this  act  shall  be  included  within  this  grant. 

14  STAT.  85,  JULY  4,  1866. 

MINERAL  LANDS  RESERVED  FROM  SALE— NEVADA. 
AN  ACT  Concerning  certain  lands  granted  to  Nevada. 

Be  it  enacted,  etc..  That  the  appropriation  by  the  constitution  of  the 
State  of  Nevada  to  educational  purposes  of  the  500,000  acres  of  land 
granted  to  said  State  by  the  law  of  September  4,  1841,  for  purposes 
of  internal  improvement,  is  hereby  approved  and  confirmed. 

Sec.  5.  And  be  it  further  enacted.  That  in  extending  the  surveys 
of  the  public  lands  in  the  State  of  Nevada,  the  Secretary  of  the  Interior 
may,  in  his  discretion,  vary  the  lines  of  the  subdivisions  from  a  rec- 
tangular form,  to  suit  the  circumstances  of  the  country;  but  in  all 
cases  lands  valuable  for  mines  of  gold,  silver,  quicksilver,  or  copper 
shall  be  reserved  from  sale. 

A.  MINERAL  ACTS  CODIFIED. 

B.  RESERVATIONS  OF  MINERAL  LANDS. 

C.  NEVADA  ESTOPPED  FROM  CLAIMING  TITLE  TO  MINES. 

A.  MINERAL  ACTS  CODIFIED. 

The  provisions  of  this  statute  and  of  all  other  mining  statutes  as  originally  enacted, 
are  at  present  codified  and  embodied  in  sections  2318  to  2352  of  the  Revised  Statutes. 
Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233,  p.  235. 

B.  RESERVATIONS  OF  MINERAL  LANDS. 

This  act  reserved  from  sale  all  mineral  lands  in  the  State  and  authorized  lines  of 
surveys  to  be  changed  so  as  to  include  such  mineral  lands. 
Heydenfeldt  v.  Daney  Gold,  etc.,  Min.  Co.,  93  U.  S.  634,  p.  641. 


1276  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Prior  to  this  statute  there  was  no  law  authorizing  the  sale  or  disposal  of  public  min- 
eral lands  and  all  the  public  land  acts  contain  reservations  of  some  description  from 
their  operation  of  lands  known  to  contain  minerals  of  value. 

Kansas  City  Min.,  etc.,  Co.  v.  Clay,  3  Ariz.  326,  p.  330. 

C.  NEVADA  ESTOPPED  FROM  CLAIMING  TITLE  TO  MINES. 

The  State  of  Nevada,  by  the  acceptance  of  the  grant  as  modified  by  this  act,  was 
estopped  from  thereafter  claiming  title  to  any  lands  valuable  for  mines  of  gold,  silver, 
quicksilver,  or  copper,  as  such  lands  were  expressly  reserved  from  sale. 

Heydenfeldt  v.  Daney  Gold,  etc.,  Min.  Co.,  10  Nev.  290,  p.  312. 

14  STAT.  409,  FEBRUARY  25,  1867. 

WAGON  ROAD  GRANT— MINERAL  LANDS  EXCEPTED— OREGON. 

AN  ACT  Granting  lands  to  the  State  of  Oregon  to  aid  in  the  construction  of  a  military 
wagon  road  from  Dalles  City  to  Fort  Boise. 

Be  it  enacted,  etc.,  That  there  be,  and  hereby  is,  granted  to  the 
State  of  Oregon,  to  aid  in  the  construction  of  a  mihtary  wagon  road 
from  Dalles  City  on  the  Columbia  River,  by  way  of  Camp  Watson, 
Canon  City,  and  Mormon  or  Humboldt  Basin,  to  a  point  on  Snake 
River  opposite  Fort  Boise,  in  Idaho  Territory,  alternate  sections  of 
pubUc  lands,  designated  by  odd  numbers,  to  the  extent  of  three  sec- 
tions in  width  on  each  side  of  said  road:  Provided,  That  the  lands 
hereby  granted  shall  be  exclusively  applied  to  the  construction  of 
said  road,  and  to  no  other  purpose ;  and  shall  be  disposed  of  only  as 
the  work  progresses:  And  provided  further,  That  any  and  all  lands 
heretofore  reserved  to  the  United  States,  or  otherwise  appropriated 
by  act  of  Congress  or  other  competent  authority,  be,  and  the  same 
are  hereby,  reserved  from  the  operation  of  this  act,  except  so  far  as 
it  may  be  necessary  to  locate  the  route  of  said  road  through  the 
same,  in  which  case  the  right  of  way  to  the  width  of  100  feet  is  granted: 
And  provided  further.  That  the  grant  hereby  made  shall  not  em- 
brace any  mineral  lands  of  the  United  States. 

15  STAT.  67,  p.  68,  chap.  55,  JUNE  8,  1868. 

COLLEGE  GRANT— MINERAL  LANDS  EXCEPTED-NEVADA. 

AN  ACT  To  further  provide  for  giving  effect  to  the  various  grants  of  public  lands  to 

the  State  of  Nevada. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  2.  And  be  it  further  enacted,  etc..  That  the  lands  known  and 
designated  for  the  establishment  of  an  agricultural  college  by  the 
act  of  July  2,  1862,  and  the  acts  amendatory  thereto,  shall  be  selected 
in  the  same  manner  and  of  the  same  character  of  lands  as  may  be 
selected  in  satisfaction  of  any  other  grants  referred  to  in  the  first 
section  of  this  act.  But  this  act  shall  not  authorize  the  selection  of 
lands  valuable  for  mines  of  gold,  silver,  quicksilver,  or  copper. 

16  STAT.  581  (AMENDMENT  TO  15  STAT.  67),  MARCH  3,  1871. 

COLLEGE  GRANT— MINERAL  LANDS  EXCEPTED— CALIFORNIA  AND 

NEVADA. 

AN  ACT  Amendatory  of  an  act  entitled  *'An  act  to  further  provide  for  giving  effect 
to  the  various  grants  of  public  lands  to  the  State  of  Nevada, ' '  approved  June  8,  1868. 

Be  it  enacted,  etc.,  That  section  4  of  an  act  entitled  ''An  act  to 
further  provide  for  giving  effect  to  the  various  grants  of  public  lands 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-130*7. 


1277 


to  the  State  of  Nevada"  (15  Stat.  67),  be,  and  the  same  is  hereby, 
amended  so  as  to  read  as  follows:  And  it  is  further  enacted  that 
the  lands  granted  to  the  State  of  California  for  the  establishment  of 
an  agricultural  college  by  the  act  of  July  2,  1862  (12  Stat.  503),  and 
acts  amendatory  thereto  (14  Stat.  208),  may  be  selected  by  said 
State  from  any  lands  within  said  State,  subject  to  preemption,  set- 
tlement, entry,  sale,  or  location,  under  any  laws  of  the  United  States. 
Such  selection  may  be  made  in  any  legal  subdivisions,  adjoining  by 
sides,  so  as  to  constitute  bodies  ot  not  less  than  160  acres;  or  they 
may  be  made  in  separate  subdivisions  of  40,  80,  or  120  acres,  respec- 
tively: Provided,  That  this  privilege  shall  not  extend  to  lands  upon 
which  there  may  be  rightful  claims  under  the  preemption  and  home- 
stead laws,  nor  to  mineral  lands:  And  provided  further.  That  if 
lands  be  selected  as  aforesaid,  the  minimum  price  of  which  is  $2.50 
per  acre,  they  shall  be  taken  acre  for  acre  in  part  satisfaction  of  the 
grant,  and  the  State  of  California  shall  pay  to  the  United  States  the 
sum  of  $1.25  per  acre  for  each  acre  so  selected,  when  the  same  shall 
be  patented  to  the  State  by  the  United  States:  Provided  further. 
That  where  lands,  sought  to  be  selected  for  the  agricultural  college, 
are  unsurveyed,  the  proper  authorities  of  the  State  shall  file  a  state- 
ment to  that  effect  with  the  register  of  the  United  States  land  office, 
describing  the  land  by  township  and  range,  and  shall  make  applica- 
tion to  the  United  States  surveyor  general  for  a  survey  of  the  same, 
the  expenses  of  the  survey  for  field  work  to  be  paid  by  the  State,  pro- 
vided there  be  no  appropriation  by  Congress  for  that  purpose.  The 
United  States  surveyor  general,  as  soon  as  practicable,  shall  have  the 
said  lands  surveyed  and  the  township  plats  returned  to  the  United 
States  Land  Office,  and  lands  so  surveyed  and  returned  shall,  for  30 
days  after  the  filing  of  the  plats  in  the  United  States  Land  Office,  be 
held  exclusively  for  location  for  the  agricultural  college,  and  within 
said  30  days  the  proper  authorities  of  the  State  shall  make  applica- 
tion to  the  United  States  Land  Office  for  the  lands  sought  to  be 
located  by  sections  and  parts  of  sections:  Provided,  That  any  rights, 
under  the  preemption  or  homestead  laws,  acquired  prior  to  the  filing 
of  the  required  statement  with  the  United  States  register,  shall  not 
be  impaired  or  affected  by  this  act:  And  provided  further,  That  such 
selections  shall  be  made  in  every  other  respect  subject  to  the  condi- 
tions, restrictions,  and  limitations  contained  in  the  acts  hereby 
modified. 

A.  STATE  GRANT— NEVADA. 

B.  STATE  GRANT— CALIFORNIA. 

A.  STATE  GRANT— NEVADA. 

1.  MINERAL  LANDS  EXCEPTED. 

It  has  been  assumed  that  not  only  mining  claims  but  all  known  mines,  whether 
claimed  or  not,  were  reserved  from  this  grant. 
Richards  v.  Dower,  81  Cal.  44,  p.  50. 

This  act,  amendatory  of  the  act  of  1867,  expressly  excepts  any  valid  mining  claim 
or  possession  held  under  existing  laws. 
Hawke  v.  Deffeback,  4  Dak.  20,  p.  34. 


1278  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


B.  STATE  GRANT— CALIFORNIA. 

1.  SALE  BY  STATE  MINERAL  LANDS  EXCEPTED. 

By  these  statutes  California  was  permitted  to  sell  lands,  granted  from  any  lands 
within  her  limits  subject  to  preemption,  except  mineral  lands. 
McNee  v.  Donahue,  142  U.  S.  587,  p.  600. 

15  STAT.  169,  JULY  23,  1868. 

NAVIGATION  GRANT— MINERAL  LANDS  EXCEPTED-MINNESOTA. 

AN  ACT  Making  a  grant  of  land  to  the  State  of  Minnesota  to  aid  in  the  improvement 
of  the  navigation  of  the  Mississippi  River. 

Be  it  enacted,  etc.,  That  there  be,  and  hereby  is,  granted  to  the 
State  of  Minnesota,  for  the  purpose  of  aiding  said  State  in  construct- 
ing and  completing  a  lock  and  dam  at  Meekers  Island,  (so  called),  in 
the  Mississippi  River,  in  said  State,  and  thereby  facilitating  the  navi- 
gation of  the  Mississippi  River  between  the  falls  of  St.  Anthony  and 
the  mouth  of  the  Minnesota  River,  200,000  acres  of  public  lands,  to  be 
selected  in  alternate  odd-numbered  sections  by  an  agent  to  be  ap- 
pointed by  the  governor  of  said  State,  subject  to  the  approval  of  the 
Secretary  of  the  Interior:  Provided,  That  said  lands  shall  be  selected 
from  the  public  lands  lying  within  the  limits  of  the  said  State  of  Min- 
nesota, and  that  not  more  than  one  section  thereof  shall  be  selected 
in  any  one  township:  Provided  further.  That  said  selection  shall 
not  be  made  from  any  lands  containing  mines  of  gold,  silver,  cinna- 
bar, or  copper,  nor  from  any  lands  to  which  rights  of  preemption  or 
homestead  have  attached. 

A.  STATE  GRANT— MINNESOTA. 

1.  MINERAL  LANDS  EXCEPTED. 

This  act  expressly  declares  that  neither  title  nor  possession  can  be  acquired  or 
claimed  to  any  valid  mining  claim  or  possession  held  under  the  act  of  March  2,  1867 
(14  Stat.  541). 

Nagler,  In  re,  Copp's  Min.  Dec.  156. 

15  STAT.  178,  p.  183,  JULY  25,  1868. 

SCHOOL  GRANT  TO  WYOMING. 
AN  ACT  To  provide  a  temporary  government  for  the  Territory  of  Wyoming. 
Be  it  enacted,  etc.,    *    *  * 

Sec,  14.  And  be  it  further  enacted.  That  sections  numbered  16 
and  36  in  each  township  in  said  Territory  shall  be,  and  the  same  are 
hereby,  reserved  for  the  purpose  of  being  applied  to  public  schools 
in  the  State  or  States  hereafter  to  be  erected  out  of  the  same. 

A.  SCHOOL  GRANT— WYOMING. 

1.  SCHOOL  LANDS  COAL  LANDS  INCLUDED. 

This  section  makes  no  exception  in  reserving  sections  16  and  36  for  school  purposes, 
and  the  Land  Department  is  without  authority  of  law  for  disposing  of  coal  lands  found 
in  these  sections  in  Wyoming,  except  under  the  act  of  March  3,  1873  (17  Stat.  607). 

Foster,  In  re,  Copp's  Min.  Lands  337. 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1^^07. 


1279 


15  STAT.  340,  MARCH  3,  1869. 

WAGON  ROAD  GRANT— MINERAL  LANDS  EXCEPTED— OREGON. 

AN  ACT  Granting  lands  to  the  State  of  Oregon  to  aid  in  the  construction  of  a  military- 
road  from  the  navigable  waters  of  Coos  Bay  to  Rosebury  in  said  State. 

Be  it  enacted,  etc.,  That  there  be,  and  hereby  is,  granted  to  the 
State  of  Oregon,  to  aid  in  the  construction  of  a  military  wagon  road 
from  the  navigable  waters  of  Coos  Bay  to  Rosebury,  alternate  sec- 
tions of  public  lands,  designated  by  odd  numbers,  to  the  extent  of 
three  sections  in  width  on  each  side  of  said  road:  Provided,  That 
the  lands  hereby  granted  shall  be  exclusively  applied  to  the  construc- 
tion of  said  road  and  to  no  other  purpose,  and  shall  be  disposed  of 
only  as  the  work  progresses:  Provided  further,  That  the  grant  of 
lands  hereby  made  shall  be  upon  the  condition  that  the  lands  shall  be 
sold  to  any  one  person  only  in  quantities  not  greater  than  one-quarter 
section,  and  for  a  price  not  exceeding  $2.50  per  acre:  And  provided 
further,  That  any  and  all  lands  heretofore  reserved  to  the  United 
States;  or  otherwise  appropriated  by  act  of  Congress  or  other  com- 
petent authority,  be,  and  the  same  are  hereby,  reserved  from  the 
operation  of  this  act,  except  so  far  as  it  may  be  necessary  to  locate 
the  route  of  said  road  through  the  same,  in  which  case  the  right  of 
way  to  the  width  of  100  feet  is  granted:  And  provided  further,  That 
the  grant  hereby  made  shall  not  embrace  any  mineral  lands  of  the 
United  States,  or  any  lands  to  which  homestead  or  preemption  rights 
have  attached. 

16  STAT.  594,  FEBRUARY  9,  1871. 

AGRICULTURAL  GRANT— MINERAL  LANDS  RESERVED— EA.NSAS. 

JOINT  RESOLUTION  Authorizing  the  sale  of  a  portion  of  the  Fort  Leavenworth 
Military  Reservation  to  the  Kansas  Agricultural  and  Mechanical  Association  of 
Leavenworth  County,  in  the  State  of  Kansas,  for  fair  grounds. 

Be  it  resolved,  etc..  That  the  Kansas  Agricultural  and  Mechanical 
Association,  a  corporate  body  organized  under  and  by  virtue  of  the 
laws  of  the  State  of  Kansas,  is  hereby  authorized  to  purchase  from 
the  United  States,  for  the  sole  purpose  and  use  of  such  association 
as  a  fair  ground,  and  for  experimental  agriculture  and  horticulture, 
that  portion  of  the  Fort  Leavenworth  Military  Reservation  bounded 
and  described  as  follows,  viz:  (here  follows  a  description);  reserving 
to  the  Government  or  assigns  the  right  to  the  coal,  or  royalty  for 
coal,  underlying  the  same. 

*  *  *  Hi  sl^  *  Hi 

18  STAT.  474,  p.  476,  1  SUPP.  R.  S.  86,  MARCH  3,  1875. 

SALINES  AND  MINERALS  EXCEPTED  FROM  GRANT  TO  COLORADO. 

AN  ACT  To  enable  the  people  of  Colorado  to  form  a  constitution  and  State  govern- 
ment, etc. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  11.  That  all  salt  springs  within  said  State,  not  exceeding  12 
in  number,  with  six  sections  of  land  adjoining,  and  as  contiguous 
as  may  be  to  each,  shall  be  granted  to  said  State  for  its  use,  the  said 
land  to  be  selected  by  the  governor  of  said  State  within  two  years 
after  the  admission  of  the  State,  and  when  so  selected  to  be  used 


1280  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

and  disposed  of  on  such  terms,  conditions,  and  regulations  as  the 
legislature  shall  direct:  Provided,  That  no  salt  spring  or  lands  the 
right  whereof  is  now  vested  in  any  individual  or  individuals,  of  which 
hereafter  shall  be  confirmed  or  adjudged  to  any  individual  or  indi- 
viduals, shall  by  this  act  be  granted  to  said  State. 

******* 

Sec.  15.  That  all  mineral  lands  shall  be  excepted  from  the  operation 
and  grants  of  this  act. 

A.  STATE  GRANT— COLORADO. 

1.  Mineral  lands  excepted — Indemnity  lands. 

2.  Lands  valuable  for  minerals — Meaning. 

3.  Salt  springs — Selection  and  limitation. 

4.  Coal  lands  excepted. 

5.  School  lands. 

a.  Known  mineral  lands  excepted. 

b.  Time  grant  takes  effect — Survey. 

c.  Discovery  of  mineral  subsequent  to  survey — 

Effect. 

d.  Eight  of  mineral  claimant. 

1.   MINERAL  LANDS  EXCEPTED — INDEMNITY  LANDS. 

Section  15  of  this  act  expressly  excepts  mineral  lands  from  the  operation  of  the  grant. 

Virginia  Lode,  In  re,  7  L.  D.  459,  p.  460. 
Hall  V.  Litchfield,  3  C.  L.  O.  196. 
Fox,  In  re,  4  C.  L.  O.  66. 

Townsite  of  Silver  Cliff  v.  Colorado,  6  C.  L.  O.  152. 

Twin  Lake  Consol.  Placer  Min.  Co.,  In  re,  10  C.  L.  O.  292,  p.  293. 

Alabama,  In  re,  15  C.  L.  0.  7,  p.  9. 

This  act  does  nor  provide  that  land  which  is  worked  for  minerals  shall  be  excepted 
from  the  grant,  but  it  expressly  excepts  all  mineral  lands  whether  worked  or  not. 
Townsite  of  Silver  Cliff  v.  Colorado,  6  C.  L.  0.  152. 

This  section  excludes  all  mineral  lands  from  the  operation  of  the  grant,  as  the 
words  "mineral  land",  as  used  in  this  section,  are  used  in  contradistinction  to  the 
words  ' '  agricultural  land . " 

Hall  V.  Litchfield,  3  C.  L.  O.  196. 
Fox,  In  re,  4  C.  L.  O.  66. 

This  statute  expressly  excepts  from  the  grant  all  mineral  lands  and  gives  to  the 
State  of  Colorado  other  lands  as  indemnity  therefor,  and  the  grant  does  not  fix  the  title 
of  the  State  to  any  mineral  land,  and  if  the  mineral  character  of  the  land  is  known 
prior  to  certification  then  other  land  in  lieu  of  sections  16  and  36  should  be  certified 
to  the  State, 

Colorado,  In  re,  7  L.  D.  490,  p.  491. 

2.  LANDS  VALUABLE  FOR  MINERALS — MEANING. 

Such  a  grant  as  is  made  in  this  act  does  not  exclude  all  lands  in  which  minerals 
may  be  found,  but  only  those  where  the  mineral  is  in  sufl&cient  quantity  to  justify 
expenditures  for  their  extraction  and  known  to  be  so  at  the  date  of  the  grant. 

Warren  v.  Colorado,  14  L.  D.  681,  p.  685. 
See  Davis  v.  Weibbold,  139  U.  S.  507. 


STATE  AND  PUBLIC  GRANTS,  PP.  1230-1307. 


1281 


The  mere  outcroppinj^  of  surface  voiuH  of  coal  on  a  school  section,  with  two  or  three 
insignificant  openings  on  surface  coal,  with  but  a  few  wagon  loads  taken  from  such 
outcropping  surface  veins,  are  not  sufficient  to  establish  the  mineral  character  of  such 
lands  and  except  it  from  the  operation  of  school  lands. 

Frees  v.  Colorado,  22  L.  D.  510. 

3.  SALT  SPRINGS  SELECTION  AND  LIMITATION. 

This  grant  is  limited  to  12  salt  springs,  and  all  other  salt  springs  above  that  number 
are  subject  to  other  laws,  and  if  a  third  party  had  intervened  prior  to  the  selection  by 
the  State  and  initiated  proceedings  under  the  act  of  1877  (19  Stat.  221),  the  right  of 
the  State  would  have  been  lost. 

Colorado,  In  re,  10  L.  D.  222,  p.  227. 

This  act  granted  to  the  State  of  Colorado  all  salt  springs  not  exceeding  12  in  number, 
with  six  sections  of  adjoining  or  contiguous  land,  to  be  selected  within  prescribed 
periods,  but  excluding  all  salt  spiings  wherein  private  rights  have  vested. 

New  Mexico,  In  re,  35  L.  D,  1,  p.  4. 
Hall  V.  Litchfield,  2  C.  L.  O.  179. 

This  act,  while  authorizing  the  people  of  Colorado  to  form  a  State,  provides  that 
no  salt  springs,  the  right  whereof  now  is  or  hereafter  shall  be  confirmed  or  adjudged 
to  any  individual  or  individuals,  shall  by  this  section  be  granted  to  said  State. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597,  p.  601. 

Under  this  act  the  Land  Department  has  no  authority  to  dispose  of  lands  either  as 
agricultural  or  mineral  lands  on  which  salt  springs  are  shown  to  exist,  together  with 
6  sections  adjoining  and  as  contiguous  as  may  be  to  each  of  such  springs,  and  this 
places  Colorado  on  an  equal  footing  with  the  other  States  in  the  matter  of  salt  springs 
reservations. 

Hall  V.  Litchfield,  2.  C.  L.  O.  179. 

The  failure  of  the  State  of  Colorado  to  make  its  selections  of  salt  springs  within  the 
time  fixed  by  this  section  does  not  work  a  forfeiture  of  the  grant,  as  the  statute  in  this 
respect  is  directory  merely,  and  the  right  of  selection  does  not  expire  at  the  end  of 
two  years. 

Colorado,  In  re,  10  L.  D.  222,  p.  223. 
Oregon  v.  Jones,  24  L.  D.  116,  p.  118. 

Lands  in  which  mineral  springs  are  situated  were  subject  to  disposal  under  general 
laws,  prior  to  the  act  of  January  31,  1901  (31  Stat.  745),  and  were  subject  to  location 
and  entry  with  Valentine  Scrip,  but  are  now  subject  to  location,  entry,  and  sale 
under  the  mining  laws. 

Roberts  v.  Foote,  9  C.  L.  O.  3,  p.  4. 

4.  COAL  LANDS  EXCEPTED. 

Lands  generally  known  to  be  valuable  coal  lands  did  not  pass  to  the  State  of  Colo- 
rado by  this  act. 

Burkhart,  In  re,  15  C.  L.  O.  38. 
See  Colorado,  In  re,  7  L.  D.  490. 
Ramey,  In  re,  15  C.  L.  O.  194. 

Sections  16  and  36,  if  known  to  contain  deposits  of  coal,  or  known  to  be  valuable 
as  coal  or  mineral  lands,  did  not  pass  to  the  State  for  school  purposes  under  this  grant. 

Townsite  of  Silver  Cliff  v.  Colorado,  6  C.  L.  O.  152. 
See  Norager,  In  re,  10  C.  L.  O.  54. 

McKean  v.  Buell,  Copp's  Min.  Lands  343. 

Hodgen  v.  California,  1  C.  L.  O.  135,  Sickels'  Min.  L.  &  D.  405. 


1282  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Sections  16  and  36  of  the  several  townships  of  the  State  did  not  pass  to  the  State 
under  this  act  where  such  sections  contain  valuable  deposits  of  coal, 
Colorado,  In  re,  Copp's  Min.  Lands  341,  p.  342. 

WTiether  lands  are  coal  lands  is  a  question  of  fact,  and  when  disputed  a  hearing 
may  be  ordered  to  determine  the  character  of  the  land. 
Burkhart,  In  re,  15  C.  L.  O.  38. 

5.  SCHOOL  LANDS. 

a.  KNOWN  MINERAL  LANDS  EXCEPTED. 

Where  sections  16  and  36  were,  at  the  time  of  the  admission  of  Colorado,  known  to 
contain  mineral  they  did  not  pass  under  this  grant. 

Townsite  of  Silver  Cliff,  In  re,  6  C.  L.  0. 152. 
Colorado  School  Sections,  In  re,  16  C.  L.  0.  242. 
Dartt,  In  re,  5  C.  L.  O.  178. 

The  State  takes  title  to  sections  16  and  36  for  school  purposes  where  the  lands  are 
not  known  to  be  mineral  at  the  time  of  the  survey. 

Miner,  In  re,  9  L.  D.  408,  p.  413. 
Overruling  Colorado,  In  re,  7  L.  D.  490. 
See  Spong,  In  re,  5  L.  D.  193. 

The  title  to  sections  16  and  36  vested  in  the  State  of  Colorado  at  the  date  of  survey 
where  the  land  was  not  known  to  be  mineral  or  was  not  treated  as  such  by  the  Govern- 
ment, and  the  title  is  not  divested  by  the  subsequent  discovery  of  the  mineral  char- 
acter. 

Miner,  In  re,  9  L.  D.  408,  p.  409. 

See  Cooper  v.  Roberts,  59  U.  S  (18  How.)  173. 

See  Mining  Co.  v.  Consolidated  Min.  Co.,  102  U.  S.  167,  p.  175. 

Pereira  v.  Jacks,  15  L.  D.  273. 

Rice  V.  California,  24  L.  D.  14,  p.  15. 

Loney  v.  Scott,  57  Oreg.  378,  p.  383. 

This  grant  of  sections  16  and  36  includes  all  kinds  of  land,  and  upon  principle  all 
lands  embraced  in  said  sections,  except  mineral  lands,  pass  to  the  State,  and  no  patent 
or  certificate  was  necessary  if  they  were  not  mineral  in  character. 

Warren  v.  Colorado,  14  L.  D.  681,  p.  684. 

b.  TIME  GRANT  TAKES  EFFECT — SURVEY. 

The  grant  as  to  nonmineral  lands  in  sections  16  and  36  took  effect,  as  to  sections 
which  had  then  been  surveyed  at  the  date  of  the  President's  proclamation,  August  1, 
1876  (19  Stat.  665),  admitting  Colorado  as  a  State. 

Townsite  of  Silver  Cliff  v.  Colorado,  6  C.  L.  0.  152. 

Where  a  survey  was  approved  subsequent  to  the  date  of  the  admission  of  Colorado, 
and  at  the  time  of  such  approval  lands  in  sections  16  and  36  were  known  to  be  mineral 
in  character,  they  did  not  pass  to  the  State. 

Townsite  of  Silver  Cliff  v.  Colorado,  6.  C.  L.  O.  152. 
Colorado  Schools  Sections,  In  re,  16  C.  L.  0.  242. 

If  upon  survey  the  lands  embraced  in  sections  16  and  36  are  shown  to  be  mineral 
within  the  meaning  of  the  statute,  the  State  is  not  entitled  to  these  specific  lands,  as 
their  disposal  has  been  otherwise  provided  for*  but  the  State  would  be  entitled  to 
equivalent  lands  as  indemnity  therefor. 

Colorado,  In  re,  6  L.  D.  412,  p.  419. 

Where  a  survey  of  sections  16  and  36  was  approved  subsequent  to  the  admission 
of  Colorado,  lands  in  said  sections  then  known  to  be  mineral  did  not  pass  to  the  State. 

Townsite  of  Silver  Cliff  v.  Colorado,  6  C.  L.  0.  152. 
Colorado  Schools  Sections,  In  re,  16  C.  L.  O.  242. 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1307.  1283 


The  grant  as  to  sections  10  and  36  surveyed  subsequent  to  the  admission  of  Colorado 
as  a  State  took  effect  at  the  date  of  the  approval  of  the  survey  by  the  United  States 
surveyor  general;  and  if  lands  in  such  sections  were  known  to  be  mineral  prior  to 
both  survey  and  admission  of  the  State,  it  is  immaterial  that  the  surveyor  general  did 
not  discover  their  true  character. 

Townsite  of  Silver  Cliff  v.  Colorado,  6  C.  L.  O.  152. 
See  Virginia  Lode,  In  re,  15  C.  L.  O.  218. 
Cooper  V.  Roberts  59  U.  S.  (18  How.)  173. 

The  State's  title  to  school  land  would  not  pass  under  this  act  where  a  survey  is 
grossly  irregular  on  its  face  and  surrounded  by  other  unreliable  surveys  by  which  its 
own  accuracy  is  necessarily  affected,  and  which  was  subsequently  set  aside. 

Harvey,  In  re,  15  C.  L.  O.  218. 

A  mining  claim  located  on  school  sections  under  this  act  will  have  priority  over  the 
State's  right  where  the  survey  was  grossly  irregular  on  its  face  and  surrounded  by 
other  unreliable  surveys,  and  which  was  afterwards  set  aside. 

Harvey,  In  re,  15  C.  L.  O.  218. 
See  Bowe,  In  re,  15  C.  L.  0.  246. 

The  title  of  the  State  to  mineral  lands  will  not  pass  on  a  survey  grossly  irregular 
on  its  face  and  surrounded  by  other  unreliable  surveys  by  which  its  own  accuracy  is 
necessarily  affected. 

Virginia  Lode,  In  re,  7  L.  D.  459,  p.  461. 

The  grant  to  Colorado  took  effect  on  the  date  of  the  proclamation  by  the  President 
but  conveyed  no  land  known  to  be  mineral  in  character  prior  to  such  date. 
Warren  v.  Colorado,  14  L.  D.  681,  p.  683. 

C.  DISCOVERY  OF  MINERAL  SUBSEQUENT  TO  SURVEY — EFFECT. 

The  enabling  act  admitting  Colorado  gave  the  State  sections  16  and  36  for  school 
purposes,  if  such  sections  were  not  known  to  contain  minerals  at  the  date  of  the  ap- 
proval of  the  survey,  and  the  discovery  of  minerals  on  such  sections  subsequent  to 
such  approval  does  not  defeat  the  title  of  the  State. 

Colorado,  In  re,  6  L.  D.  412. 

Virginia  Lode,  In  re,  7  L.  D.  459,  p.  460. 

Dartt,  In  re,  5  C.  L.  O.  178. 

Townsite  of  Silver  Cliff  v.  State  of  Colorado,  6  C.  L.  O.  152. 
Loney  v.  Scott,  57  Oreg.  378,  p.  383. 

The  State's  title  to  lands  vests  on  the  approval  of  the  survey,  and  titles  to  lands  not, 
then  known  to  contain  minerals  can  not  be  divested  by  any  subsequent  discovery  of 
mineral  thereon. 

Virginia  Lode,  In  re,  7  L.  D.  459,  p.  460. 

See  Cooper  v.  Roberts,  59  U.  S.  (18)  How.)  173. 

The  same  rule  applies  to  grants  to  a  State  as  to  grants  to  a  railroad  as  to  the  discovery 
of  mineral  after  the  issuance  of  the  patent. 

Virginia  Lode,  In  re,  7  L.  D.  459,  p.  460. 
See  Spong,  In  re,  5  L.  D.  193. 

d.   RIGHT  OF  MINERAL  CLAIMANT. 

A  mineral  entry  on  section  16  will  be  held  for  cancellation  where  the  evidence  fails 
to  show  that  the  land  entered  was  known  to  be  valuable  for  mineral  prior  to  the  date 
of  the  admission  of  Colorado. 

.    Fleetwood  Lode,  In  re,  12  L.  D.  604,  p.  606. 

See  Boulder  v.  Buffalo  Min.  Co.,  In  re,  7  L.  D.  54. 


1284  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

A  mineral  applicant  for  lands  in  section  IG  will  be  permitted  to  submit  supple- 
mental proof  upon  due  notice  to  the  State  showing  the  mineral  character  of  such 
land  prior  to  and  at  the  date  of  the  admission  of  the  State. 

Fleetwood  Lode,  In  re,  12  L.  D.  604,  p.  606. 

A  tliird  person  can  not  claim  title  to  school  lands  not  known  to  be  mineral  at  the 
time  of  the  survey  under  the  claim  of  a  former  settlement,  where  such  former  settler 
had  abandoned  the  land. 

Miner,  In  re,  9  L.  D.  408,  p.  415. 

See  Water  &  Min.  Co.  v.  Bugbey,  96  U.  S.  165,  p.  167. 

19  STAT.  665,  AUGUST  1.  1876. 

PROCLAMATION— COLORADO. 
See  18  Stat.  474,  p.  1279  for  all  annotations  under  the  proclamation  of  August  1,  1876  (19  Stat.  665). 

23  STAT.  10,  1  SUPP.  424.  APRIL  2,  1884. 

SCHOOL  GRANT— SELECTION  OF  LIEU  LANDS. 

AN  ACT  To  enable  the  State  of  Colorado  to  take  lands  in  lieu  of  the  16th  and  36th  sec- 
tions found  to  be  mineral  lands,  etc. 

Be  it  enacted,  etc.,  That  an  act  entitled  An  act  to  enable  the  people 
of  Colorado  to  form  a  constitution  and  State  government,  and  for 
the  admission  of  the  said  State  into  the  Union  on  an  equal  footing  with 
the  original  States,"  approved  March  3,  1875  (18  Stat.  474)  shall 
be  construed  as  giving  to  the  State  of  Colorado  the  right  to  select  for 
school  purposes  other  lands  in  lieu  of  such  sixteenth  and  thirty-sixth 
section  as  may  have  been  or  shall  be  found  to  be  mineral  lands :  Pro- 
vided, That  such  selections  shall  be  made  from  lands  returned  as 
agricultural,  and  upon  which  at  the  date  of  selection  no  valuable 
mineral  discoveries  have  been  made;  and  all  such  selections  shall 
be  reported  to  the  Secretary  of  the  Interior,  who  shall,  if  he  is  satisfied 
such  lands  so  selected  are  not  nfiineral,  so  certify,  and  thereupon  the 
right  of  said  State  to  such  selected  lands  shall  finally  attach;  and  the 
Secretary  of  the  Interior  shall  also  ascertain  whether  any  of  such  six- 
teenth and  thirty-sixth  sections  are  mineral  lands,  and  shall  certify 
their  character,  which  certificate  shall  determine  the  matter. 

Sec.  2.  That  it  shall  be  the  duty  of  the  deputy  surveyor,  at  the  time 
of  executing  the  survey  of  any  township,  to  make  critical  examination 
of  the  character  of  sections  16  and  36,  and  to  embrace  in  his  field  notes 
a  full  report  of  any  and  all  mineral  discoveries  found  to  the  surveyor 
general,  who  shall  report  to  the  Secretary  of  the  Interior  whether  the 
whole  or  any  part  oi  either  of  said  sections  is  mineral  in  character. 

Sec.  3.  That  the  State  of  Colorado,  in  selectiag  lands  for  agri- 
cultural-college purposes  under  the  acts  of  July  2,  1864  (1862) 
^  (12  Stat.  503),  and  July  23,  1866  (14  Stat.  208),  may  select  an  amount 
of  land  equal  to  30,000  acres  for  each  Senator  and  Representative 
which  said  State  is  entitled  to  in  Congress,  from  any  public  land  in 
said  State  not  double-niinimum-priced  land;  or  selections  may  be 
made  from  said  double-minimum  lands,  but  in  the  latter  case  the 
lands  are  to  be  computed  at  the  maximum  price  and  the  number  of 
acres  proportionately  diminished;  but  no  mineral  land  shall  be 
selected. 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1307.  1285 

A.  COLORADO  GRANT— LIEU  LANDS. 

By  this  act  the  Htatc  of  Colorado  was  given  the  right  to  sell  for  school  purposes  other 
lands  in  lieu  of  sections  10  and  3G  where  such  sections  were  found  to  be  mineral  lands. 
Colorado,  In  re,  6  L.  D.  412,  p.  419. 

19  STAT.  267,  p.  268.  1  STJPP.  R.  S.  132,  p.  133.  MARCH  1,  1877. 

SCHOOL  GRANT- INDEMNITY  SELECTIONS— CALIFORNIA. 
AN  ACT  Relating  to  indemnity  school  selections  in  California. 

Be  it  enacted,  etc.,  That  the  title  to  the  lands  certified  to  the 
State  of  California,  known  as  indemnity  school  sections,  which  lands 
were  selected  in  lieu  of  sixteenth  and  thirty-sixth  sections,  lying 
within  Mexican  grants,  *  *  *  jg  hereby  confirmed  to  said 
State. 

Sec.  4.  That  this  act  shall  not  apply  to  any  mineral  lands,  nor  to 
any  lands  in  the  city  and  county  of  San  Francisco,  nor  to  any  incor- 
porated city  or  town,  nor  to  any  tide,  swamp,  or  overflowed  lands. 

A.  OIL  LANDS— CLASSIFICATION— EFFECT  ON  STATE'S  RIGHT  OF 

SELECTION. 

The  classification  of  land  as  oil  and  the  placing  of  the  same  in  a  petroleum  reserve 
will  defeat  an  application  to  amend  a  defective  school  indemnity  selection  on  the  part 
of  the  State. 

California,  In  re,  40  L.  D.  301,  p.  302. 

21  STAT.  287,  CHAP.  245,  JTTNE  16, 1880. 

SCHOOL  GRANT— SELECTION  OF  LANDS— NEVADA. 

AN  ACT  To  grant  the  State  of  Nevada  lands  in  lieu  of  the  sixteenth  and  thirty-sixth 

sections  in  said  State. 

Be  it  enacted,  etc..  That  there  be,  and  are  hereby,  granted  to  the 
State  of  Nevada  2,000,000  acres  of  land  in  said  State,  in  Heu  of  the 
sixteenth  and  thirty-sixth  sections  of  land  heretofore  granted  to  the 
State  of  Nevada  by  the  United  States:  Provided,  That  the  title 
of  the  State  and  its  grantees  to  such  sixteenth  and  thirty-sixth  sec- 
tions as  may  have  been  sold  or  disposed  of  by  said  State  prior  to 
the  passage  of  this  act  shall  not  be  changed  or  vitiated  in  consequence 
of  or  by  virtue  of  this  act. 

Sec.  2.  The  lands  herein  granted  shall  be  selected  by  the  State 
authorities  of  said  State  from  any  unappropriated,  nonmineral, 
public  land  in  said  State,  in  quantities  not  less  than  the  smallest 
legal  subdivision;  and  when  selected  in  conformity  with  the  terms  of 
this  act  the  same  shall  be  duly  certified  to  said  State  by  the  Com- 
missioner of  the  General  Land  Ofiice  and  approved  by  the  Secre- 
tary of  the  Interior. 

Sec  3.  The  lands  herein  granted  shall  be  disposed  of  under  such 
laws,  rules,  and  regulations  as  may  be  prescribed  by  the  Legislature 
of  the  State  of  Nevada:  Provided,  That  the  proceeds  of  the  sale 
thereof  shall  be  dedicated  to  the  same  purposes  as  heretofore  pro- 
vided in  the  grant  of  the  sixteenth  and  thirty-sixth  sections  made  to 
said  State. 

Sec.  4.  This  act  shall  take  effect  from  and  after  its  passage. 


1286 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


a.  state  grant— nevada. 

1.  Purpose  of  act. 

2.  Application  of  act. 

3.  Lieu  lands  not  to  include  mineral  lands. 

4.  Selection  by  State — Effect  as  to  mineral  character. 

5.  Patents  not  issued  to  State. 

1.  purpose  of  act. 

This  statute  was  enacted  on  the  condition  that  the  State  of  Nevada  accepted  from 
the  United  States  the  2,000,000  acres  mentioned  in  lieu  of  the  sixteenth  and  thirty- 
sixth  sections,  which  fact  is  shown  in  the  preamble  of  the  act. 

Garrard  v.  Silver  Peak  Mines,  82  Fed.  578. 

See  21  Stat.  287,  and  Stat,  of  Nev.,  Mar.  8,  1879. 

See  13  Stat.  32,  p.  1270. 

The  2,000,000-acre  grant  by  the  United  States  to  Nevada  was  not  intended  to  include 
any  mineral  lands,  as  it  is  the  policy  of  the  Government  to  exclude  such  lands  from 
its  grants. 

Garrard  v.  Silver  Peak  Mines,  82  Fed.  578,  p.  587. 
Hermocilla  v.  Hubbell,  89  Cal.  5. 
Heydenfeldt  v.  Daney,  etc.,  Min.  Co.,  10  Nev.  290. 
Garrard  v.  Silver  Peak  Mines,  94  Fed.  983,  p.  984. 

2.  APPLICATION  OF  ACT. 

This  act  in  express  terms  applies  only  to  unappropriated,  nonmineral  public  lands. 
Garrard  v.'  Silver  Peak  Mines,  94  Fed.  983,  p.  989. 

3.   LIEU  LANDS  NOT  TO  INCLUDE  MINERAL  LANDS. 

The  lieu  land  granted  to  Nevada  by  this  act  did  not  include  mineral  lands. 
Keystone  Lode  &  Mill  Site  v.  Nevada,  15  L.  D.  259,  p.  261. 

Mineral  lands  already  appropriated  were  not  within  the  terms  of  this  act  and  the 
selection  and  certification  were  without  authority  and  passed  no  title. 

Garrard  v.  Silver  Peak  Mines,  82  Fed.  578. 
Manser  Lode  Claim,  In  re,  27  L.  D.  326,  p.  328. 

The  State  of  Nevada  by  statute  (St.  1887,  p.  102),  recognizes  the  fact  that  the  several 
grants  to  it  by  the  United  States  reserved  all  mineral  lands,  and  all  sales  made  by  the 
State  were  made  subject  to  such  reservation. 

Garrard  v.  Silver  Peak  Mines,  94  Fed.  983,  p.  989. 

4.  SELECTION  BY  STATE  EFFECT  AS  TO  MINERAL  CHARACTER. 

The  selection  by  the  State  and  the  approval  by  the  authorized  officers  of  the  Govern- 
ment is  a  determination  of  the  nonmineral  character  of  the  lands;  but  this  determina- 
tion is  not  conclusive  in  any  subsequent  controversy  between  the  State  of  Nevada  and 
its  grantee  of  any  of  such  selected  lands. 

Stanley  v.  Mineral  Union,  26  Nev.  55,  pp.  62,  64. 

While  a  decision  of  a  Federal  court  is  not  binding  on  the  question  of  the  mineral 
character  of  land,  and  the  selection  and  certification  of  such  land  of  no  effect  under 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1307. 


1287 


this  act,  though  it  is  evidence  of  a  hij^h  order,  both  as  to  the  character  and  condition 
of  the  land  involved  and  the  validity  of  theapplicant's  claim  thereto,  it  will  be  assumed 
that  the  judgment  of  the  court  is  a  final  judgment  between  the  parties. 

Manser  Lode  Claim,  In  re,  27  L.  D.  326,  p.  328. 
See  Garrard  v.  Silver  Peak  Mines,  82  Fed.  578. 

5.  PATENTS  NOT  ISSUED  TO  STATE. 

This  act  does  not  provide  for  the  issuance  of  a  patent  to  the  State  for  the  lands 
thereby  granted. 
Garrard  v.  Silver  Peak  Mines,  94  U.  S.  983,  p.  984. 

25  STAT.  676,  1  STJPP.  R.  S.  645,  FEBRTTARY  22,  1889. 

GRANT  TO  MONTANA,  NORTH  DAKOTA,  SOUTH  DAKOTA,  AND 
WASHINGTON— MINERALS  EXCEPTED. 

AN  ACT  To  provide  for  the  division  of  Dakota  into  two  States  and  to  enable  the 
people  of  North  Dakota,  South  Dakota,  Montana,  and  Washington  to  form  consti- 
tutions and  State  governments  and  to  be  admitted  into  the  Union  on  an  equal 
footing  with  the  original  States,  and  to  make  donations  of  public  lands  to  such 
States. 

Be  it  enacted,  etc.,  That  the  inhabitants  of  all  that  part  of  the 
area  of  the  United  States  now  constituting  the  Territories  of  Dakota, 
Montana,  and  Washington,  as  at  present  described,  may  become  the 
States  of  North  Dakota,  South  Dakota,  Montana,  and  Washington, 
respectively,  as  hereinafter  provided.    *    *  * 

Sec.  10.  That  upon  the  admission  of  each  of  said  States  into  the 
Union  sections  numbered  16  and  36  in  every  township  of  said  pro- 
posed States,  and  where  such  sections,  or  any  parts  thereof,  have  been 
sold  or  otherwise  disposed  of  by  or  under  the  authority  of  any  act 
of  Congress,  other  lands  equivalent  thereto,  in  legal  subdivisions 
of  not  less  than  one-quarter  section,  and  as  contiguous  as  may  be 
to  the  section  in  lieu  of  which  the  same  is  taken,  are  hereby  granted 
to  said  States  for  the  support  of  common  schools,  such  indemnity 
lands  to  be  selected  withm  said  States  in  such  manner  as  the  legis- 
lature may  provide,  with  the  approval  of  the  Secretary  of  the  Interior: 
Provided,  That  the  sixteenth  and  thirty-sixth  sections  embraced  in 
permanent  reservations  for  national  purposes  shall  not,  at  any  time,  be 
subject  to  the  grants  nor  to  the  indemnity  provisions  of  this  act,  nor 
shall  any  lands  embraced  in  Indian,  military,  or  other  reservations  of 
any  character  be  subject  to  the  grants  or  to  the  indemnity  provisions 
of  this  act  until  the  reservation  shall  have  been  extinguished  and  such 
lands  be  restored  to,  and  become  a  part  of,  the  public  domain. 

Sec  11.  That  all  lands  herein  granted  for  educational  purposes 
shall  be  disposed  of  only  at  public  sale,  and  at  a  price  not  less  than 
$10  per  acre,  the  proceeds  to  constitute  a  permanent  school  fund,  the 
interest  of  which  only  shall  be  expended  in  the  support  of  said  schools. 
But  said  lands  may,  under  such  regulations  as  the  legislatures  shall 
prescribe,  be  leased  for  periods  of  not  more  than  five  years,  in  quan- 
tities not  exceeding  one  section  to  any  one  person  or  company;  and 
such  land  shall  not  be  subject  to  preemption,  homestead  entry,  or 
any  other  entry  under  the  land  laws  of  the  United  States,  whether 
surveyed  or  unsurveyed,  but  shall  be  reserved  for  school  purposes 
only. 


1288  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Sec.  18.  That  all  mineral  lands  shall  be  exempted  from  the  grants 
made  by  this  act.  But  if  sections  16  and  36,  or  any  subdivision  or 
portion  of  any  smallest  subdivision  thereof  in  any  township  shall  be 
found  by  the  Department  of  the  Interior  to  be  mineral  lands,  said 
States  are  hereby  authorized  and  empowered  to  select,  in  legal  sub- 
divisions, an  equal  quantity  of  other  unappropriated  lands  in  said 
States,  in  lieu  thereof,  for  the  use  and  benefit  of  the  common  schools 
of  said  States. 

Sec.  19.  That  all  lands  granted  in  quantity  or  as  indemnity  by 
this  act  shall  be  selected,  under  the  direction  of  the  Secretary  of  the 
Interior,  from  the  surveyed,  unreserved,  and  unappropriated  public 
lands  of  the  United  States  within  the  limits  of  the  respective  States 
entitled  thereto.  And  there  shall  be  deducted  from  the  number  of 
acres  of  land  donated  by  this  act  for  specific  objects  to  said  States 
the  number  of  acres  in  each  heretofore  donated  by  Congress  to  said 
Territories  for  similar  objects.    *    *  * 

A.  STATE  GRANT— MONTANA,  NORTH  DAKOTA,  SOUTH  DAKOTA, 

AND  WASHINGTON. 

1.  Mineral  lands  excepted — Lieu  lands. 

2.  School  lands — ^Time  grant  took  effect. 

3.  School  sections  mineral — Selection  of  lieu  lands. 

4.  Mineral  lands. 

a.  Determination. 

b.  Stone  lands. 

c.  Coal. 

5.  State  selections — ^Mineral  affidavit. 

1.  mineral  lands  excepted — LIEU  LANDS. 

By  the  eighteenth  section  of  this  act  if  land  was  known  to  be  mineral  at  the  date 
of  the  admission  of  the  State  it  was  expressly  excepted  from  the  grant,  and  the  State 
was  authorized  to  select  an  equal  quantity  in  lieu  thereof  for  school  purposes. 

Washington  v.  McBride,  18  L.  D.  199,  p.  201. 
See  Utah  v.  Allen,  27  L.  D.  53,  p.  55. 

The  express  provision  of  section  18  of  this  act  exempting  all  mineral  lands  from  the 
grants  made  by  the  act  clearly  manifests  that  the  last  clause  in  section  11  was  not 
intended  to  include  mineral  lands  or  entries  thereof  under  the  mining  laws,  and  the 
excepting  provisions  of  section  10  indicating  the  time  at  which  adverse  rights  must 
have  intervened  have  no  application  to  mineral  appropriation. 

South  Dakota  v.  Delicate,  34  L.  D.  717,  p.  720. 

Mineral  lands  were  excepted  from  this  grant  to  the  State  of  Washington  and  a  locator 
of  a  mining  claim  is  entitled  to  purchase  it  under  his  mineral  application. 

Washington  v.  McBride,  25  L.  D.  167,  p.  180. 
Arnold,  In  re,  24  L.  D.  486. 

Under  this  act  land  known  to  be  mineral  in  character  prior  to  the  Secretary's  ap- 
proval of  the  list  of  State  selections  and  prior  to  certification  is  exempt  from  the  opera- 
tion of  the  grant,  and  the  Land  Department  may  order  a  hearing  to  determine  whether 
the  land  was  of  the  character  contemplated  by  the  act  and  was  not  intended  to  be 
granted  thereby. 

Arnold,  In  re,  24  L.  D.  486,  p.  488. 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-130^. 


1289 


The  fact  that  land  was  covered  by  a  placer  location,  or  was  embraced  in  a  pending 
application  for  a  placer  patent,  did  not  operate  to  except  it  from  this  grant  if  it  was 
in  fact  nonmincral  land. 

Boiirqiiin,  In  re,  27  L.  D.  289,  p.  290. 

2.  SCHOOL  LANDS  TIME  GRANT  TOOK  EFFECT. 

The  grant  of  sections  16  and  36  under  this  act  took  effect  on  the  admission  of  South 
Dakota  into  the  Union  as  to  lands  at  that  date  identified  by  the  Government  surveys; 
but  the  right  of  the  State  did  not  attach  to  lands  not  surveyed,  and  if  at  the  time  of 
survey  they  are  known  to  be  mineral  in  character  they  are  expressly  excepted  from 
the  grant. 

South  Dakota  v.  Trinity  Gold  Min.  Co.,  34  L.  D.  485,  p.  486. 

Law  V.  Utah,  In  re,  29  L.  D.  623. 

See  Cooper  v.  Roberts,  59  U.  S.  (18  How.)  173,  p.  179. 

Heydenfeldt  v.  Daney  Gold,  etc.,  Min.  Co.,  93  U.  S.  634. 

Utah  V.  Allen,  27  L.  D.  53. 

Utah,  In  re,  29  L.  D.  418,  p.  419. 

Utah,  In  re,  32  L.  D.  117. 

South  Dakota  v.  Delicate,  34  L.  D.  717,  p.  722. 

South  Dakota  v.  Walsh,  34  L.  D.  723. 

Lands  embraced  in  sections  16  and  36  and  at  that  time  known  to  be  mineral  in  char- 
acter were  not  intended  to  pass  under  this  grant,  as  the  exempting  provisions  of  sec- 
tion 18  embrace  all  lands  which  shall  be  found  to  be  mineral  lands,  and  it  does  not 
operate  to  defeat  the  grant  in  any  part  by  conditions  subsequently  arising  by  thus 
excluding  mineral  lands,  if  known  to  be  such,  from  the  grant,  nor  can  the  grant  attach 
to  specific  sections  or  parts  of  sections  comprising  lands  of  known  mineral  character, 
and  any  lands  found  to  be  mineral,  prior  to  the  ascertainment  by  approved  surveys  of 
sections  16  and  36,  at  which  time  the  grant  would  otherwise  become  operative  and  the 
legal  title  pass,  are  within  the  exemption. 

South  Dakota  v.  Delicate,  34  L.  D.  717,  p.  721. 
See  Borden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288. 

The  provisions  of  the  grant  of  school  lands  to  Utah  (28  Stat.  107)  are  identical  in 
all  essential  respects  with  those  of  this  grant  to  South  Dakota,  and  as  to  the  former 
grant  the  department  has  uniformly  held  that  it  took  effect  upon  the  admission  of  the 
State  into  the  Union  as  to  lands  at  that  date  identified  by  the  Government  survey, 
and  if  at  the  time  of  such  identification  they  are  of  known  mineral  character  they  are 
excluded  from  the  grant. 

South  Dakota  v.  Trinity  Gold  Min.  Co.,  34  L.  D.  485,  p.  486. 
See  Utah  v.  Allen,  27  L.  D.  53. 

Utah,  In  re,  29  L.  D.  418,  p.  419. 

Barnhurst  v.  Utah,  30  L.  D.  314. 

Utah,  In  re,  32  L.  D.  117. 

3.  SCHOOL  SECTIONS  MINERAL — SELECTION  OF  LIEU  LANDS. 

By  section  18  mineral  lands  are  expressly  exempted  from  the  grants  made  by  the 
act,  and  provision  is  made  for  indemnity  to  each  of  the  States  named,  for  such  sections 
16  and  36  or  any  subdivisions  thereof  as  may  be  found  to  be  mineral  lands  and  indi- 
cating that  future  disclosures  were  contemplated. 

Montana  v.  Silver  Star  Min.  Co.,  23  L.  D.  313,  p.  315. 

Bourquin,  In  re,  27  L.  D.  289. 

South  Dakota  v.  Delicate,  34  L.  D.  717,  p..  720. 

Selections  of  lands  for  school  purposes  in  lieu  of  land  patented  as  mineral  operates 
to  reserve  such  lands  as  against  a  subsequent  homestead  application. 
McKenzie  v.  Washington,  14  L.  D.  282. 
56974°— Bull.  94,  pt  2—15  30 


1290 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


4.  MINERAL  LANDS. 

a.  DETERMINATION. 

The  mineral  character  of  a  tract  of  land  can  not  be  wholly  determined  by  reference 
to  the  surrounding  lands,  yet  the  mineral  quality  of  such  surrounding  lands  is  in  cases 
otherwise  doubtful  a  proper  subject  for  consideration,  and  the  fact  that  the  particular 
section  of  country  has  long  been  settled  and  occupied  by  a  large  population,  but  none 
of  the  land  has  ever  been  entered  under  any  of  the  mining  laws,  and  no  kind  of  mining 
has  been  done,  will  aid  in  determining  the  mineral  character  of  land  in  dispute. 

Washington  v.  McBride,  25  L.  D.  167,  p.  181. 

Upon  the  extension  of  the  public  survey  sections  16  and  36  presumptively  pass  to 
South  Dakota  under  this  grant,  but  where  the  mineral  character  of  a  conflicting  mining 
claim  is  challenged,  then  the  usual  formal  proofs  under  mineral  patent  proceedings 
will  not  be  sufficient,  but  in  such  case  the  mineral  character  of  the  claim  involved 
must  be  established  by  substantive  proof,  and  the  State  is  not  bound  to  take  the 
initiative  at  a  hearing  ordered  for  the  purpose. 

South  Dakota  v.  Walsh,  34  L.  D.  723,  p.  724. 

Distinguishing  Mahoganey  No.  2  Lode  Claim,  In  re,  33  L.  D.  37. 

When  selections  are  made  in  nonmineral  belts  or  in  proximity  to  lands  classed  or 
returned  as  mineral,  the  party  making  the  selection  should  give  notice  by  posting 
and  publication  of  such  selectionsj  describing  the  lands  so  selected. 

Montana,  In  re,  18  L.  D.  477. 

b.  STONE  LANDS. 

Lands  chiefly  valuable  for  ordinary  building  stone  are  not  mineral  in  character  in 
the  sense  in  which  the  term  mineral  land  is  used  when  applied  to  grants. 

South  Dakota  v.  Vermont  Stone  Co.,  16  L.  D.  263,  p.  264. 
See  Clark  v.  Ervin,  16  L.  D.  122. 

Minerals  or  stone  discovered  in  sections  16  or  36  after  the  public  survey  and  the 
location  by  the  State  for  school  purposes  are  not  subject  to  location  under  the  United 
States  mining  laws. 

Wheeler  v.  Smith,  5  Wash.  704,  p.  711. 


C.  COAL. 

Under  this  section  lands  known  to  contain  coal  prior  to  the  date  of  the  act  are  ex- 
cepted from  the  operation  of  the  school  grant. 
Montana  v.  Buley,  23  L.  D.  116,  p.  117. 

This  act  granted  to  the  State  of  South  Dakota  sections  16  and  36,  but  expressly 
excepted  mineral  lands  from  the  grant,  and  lands  shown  to  be  valuable  for  coal  being 
thus  reserved  were  subject  to  coal  entry, 

McGillicuddy  v.  Tompkins,  14  L.  D.  633,  p.  634. 


5.  STATE  SELECTIONS  MINERAL  AFFIDAVIT. 


i 


The  mineral  affidavit  required  by  the  regulations  to  be  filed  in  connection  with 
State  selections  must  be  based  upon  examinations  made  within  three  months  preced- 
ing the  date  of  the  filing  of  the  list. 

South  Dakota,  In  re,  37  L.  D.  458,  p.  459.' 


STATE  AND  PUBLIC  GRANTS^  PP.  12:]!J-i;307. 


1291 


26  STAT.  215,  JULY  3,  1890. 

GRANT  TO  IDAHO— MINERALS  EXCEPTED. 
AN  ACT  To  provide  for  the  admission  of  the  State  of  Idaho  into  the  Union. 

Whereas,  The  people  of  the  Territory  of  Idaho  did,  on  July  4,  1889, 
b}^  a  convention  of  delegates  called  and  assembled  for  that  purpose, 
form  for  themselves  a  constitution,  which  constitution  was  ratified 
and  adopted  by  the  people  of  said  Territory  at  an  election  held  there- 
for on  the  first  Tuesday  in  November,  1889,  which  constitution  is 
republican  in  form  and  is  in  conformity  with  the  Constitution  of  the 
United  States;    *    *  * 

Be  it  enacted,  etc.,  That  the  State  of  Idaho  is  hereby  declared  to 
be  a  State  of  the  United  States  of  America,  and  is  hereby  declared 
admitted  into  the  Union  on  an  equal  footing  with  the  original  States 
in  all  respects  whatever;  and  that  the  constitution  which  the  people 
of  Idaho  have  formed  for  themselves  be,  and  the  same  is  hereby, 
accepted,  ratified,  and  confirmed.    *    *  * 

*  *****  * 

Sec.  4.  That  sections  numbered  16  and  36  in  every  township  of 
said  State,  and  where  such  sections,  or  any  parts  thereof,  have  been 
sold  or  otherwise  disposed  of  by  or  under  the  authority  of  any  act  of 
Congress,  other  lands  equivalent  thereto,  in  legal  subdivisions  of  not 
less  than  one  quarter  section,  and  as  contiguous  as  may  be  to  the 
section  in  lieu  of  which  the  same  is  taken,  are  hereby  granted  to  said 
State  for  the  support  of  common  schools,  such  indemnity  lands  to  be 
selected  within  said  State  in  such  manner  as  the  legislature  may  pro- 
vide, with  the  approval  of  the  Secretary  of  the  Interior. 

Sec.  5.  That  all  lands  herein  granted  for  educational  purposes 
shall  be  disposed  of  only  at  public  sale,  the  proceeds  to  constitute  a 
permanent  school  fund,  the  interest  of  which  only  shaU  be  expended 
in  the  support  of  said  schools.  But  said  lands  may,  under  such  regu- 
lations as  the  legislature  shall  prescribe,  be  leased  for  periods  of  not 
more  than  five  years,  and  such  lands  shall  not  be  subject  to  preemp- 
tion, homestead  entry,  or  any  other  entry  under  the  land  laws  of  the 
United  States,  whether  surveyed  or  unsurveyed,  but  shaU  be  re- 
served for  school  purposes  only.    *    *  * 

Sec.  11.  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal 
improvement  made  to  the  new  States  by  the  eighth  section  of  the 
act  of  September  4,  1841  (5  Stat.  453),  which  section  is  hereby  re- 
pealed as  to  the  State  of  Idaho,  and  in  lieu  of  any  claim  or  demand 
by  the  said  State  under  the  act  of  September  28,  1850  (9  Stat.  519), 
and  section  2479  R.  S.,  making  a  grant  of  swamp  and  overflowed 
lands  to  certaia  States,  which  grant  it  is  hereby  declared  is  not  ex- 
tended to  the  State  of  Idaho,  and  in  lieu  of  any  grant  of  saline  lands 
to  said  State  the  following  grants  of  lands  are  hereby  made,  to  wit: 
To  the  State  of  Idaho :  For  the  establishment  and  maintenance  of  a 
scientific  school,  100,000  acres:  For  State  normal  schools,  100,000 
acres ;  for  the  support  and  maintenance  of  the  insane  asylum  located 
at  Blackfoot,  50,000  acres;  for  the  support  and  maintenance  of  the 
State  University  located  at  Moscow,  50,000  acres;  for  the  support 
and  maintenance  of  the  penitentiary  located  at  Boise  City,  50,000 


1292  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

acres;  for  other  State,  charitable,  educational,  penal,  and  reforma- 
tory institutions,  150,000  acres.  None  of  the  lands  granted  by  this 
act  shall  be  sold  for  less  than  $10  an  acre. 

*****  * 

Sec.  13.  That  all  mineral  lands  shall  be  exempted  from  the  grants 
by  this  act.  But  if  sections  16  and  36,  or  any  subdivision,  or  portion 
of  any  smallest  subdivision  thereot  in  any  township  shall  be  found  by 
the  Department  of  the  Interior  to  be  mineral  lands,  the  said  State  is 
hereby  authorized  and  empowered  to  select,  in  legal  subdivisions,  an 
equal  quantity  of  other  unappropriated  lands  in  said  State,  in  lieu 
thereof,  for  the  use  and  benefit  of  the  common  schools  of  said  State. 

Sec.  14.  That  all  lands  granted  in  quantity  or  as  indemnity  by 
this  act  shall  be  selected,  under  the  direction  of  the  Secretary  of  the 
Interior,  irom  the  surveyed  unreserved,  and  unappropriated  public 
lands  of  the  United  States  within  the  limits  of  the  State  entitled 
thereto.  And  there  shall  be  deducted  from  the  number  of  acres  of 
land  donated  by  this  act  for  specific  objects  to  said  State  the  number 
of  acres  heretofore  donated  by  Congress  to  said  Territory  for  similar 
objects. 

A.  STATE  GRANT— IDAHO. 

1.  State  selection. 

a.  NONMINERAL  LANDS. 

b.  Publication  of  notice. 

1.   STATE  selection. 

a.  NONMINERAL  LANDS. 

Where  there  is  not  within  the  limits  of  any  tract  of  land  to  be  selected  under  this 
act  any  valuable  mineral  deposits,  it  is  then  subject  to  the  State  selection,  and  the 
question  of  its  lying  within  6  miles  of  a  mining  claim  is  one  wholly  between  the  State 
and  the  United  States. 

McFarland  v.  Idaho,  32  L.  D.  107,  p.  109. 

b.  PUBLICATION  OF  NOTICE. 

Under  this  act  there  is  no  necessity  for  publication  with  reference  to  the  selection 
made  by  the  State  unless  an  examination  discloses  that  the  land  selected  is  within  a 
township  containing  any  mineral  entry,  claim,  or  location,  and  such  examination  is 
to  be  made  by  the  Land  Department  preliminary  to  the  call  upon  the  State  to  pub- 
lish notice,  and  until  the  State  is  so  notified,  it  is  not  required  to  act. 

Blake  v.  Idaho,  37  L.  D.  26,  p.  27. 

26  STAT.  222,  p.  224,  JULY  10,  1890. 

GRANT  TO  WYOMING-MINERALS  EXCEPTED. 
AN  ACT  To  provide  for  the  admission  of  Wyoming. 
Be  it  enacted,  etc.    *    *  * 

Sec.  1 1 .  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal 
improvement  made  to  new  States  by  section  8  of  the  act  of  Sep- 
tember 4,  1841  (5  Stat.  453),  which  section  is  hereby  repealed  as  to 
the  State  of  Wyoming,  *  *  *  and  in  lieu  of  any  grant  of  saline 
lands  to  said  State,  the  following  grants  of  land  are  hereby  made,  to 


STATE  AND  PUBTJC  CRANTS^  PP.  1231>-1307. 


1298 


wit:    *    *    *  ]u)s])ilal  for  nuiiers  who  shall  become  disabled 

or  incapacitated  to  labor  while  working  in  the  mines  of  the  State, 
30,000  acres.  *  *  * 

Sec.  13.  That  all  mineral  lands  shall  be  exempted  from  the  grants 
made  by  this  act.    But  if  sections  16  and  36,  or  any  subdivision  or 

Eortion  of  any  smaller  subdivision  thereof  in  any  township,  shall 
e  found  by  tlie  Department  of  the  Interior  to  be  mineral  lands,  said 
State  is  hereby  authorized  and  em]>owered  to  select,  in  legal  subdi- 
visions, an  equal  quantity  of  other  unappropriated  lands  in  said 
State  in  lieu  thereof,  for  the  use  and  the  benefit  of  the  common 
schools  of  said  State. 

A.  STATE  GRANT— WYOMING. 

1.  MINERAL  LANDS  SELECTED  RELINQUISHMENT. 

Lands,  mineral  in  character,  which  have  been  erroneously  certified  under  this  act 
may  be  relinquished  by  the  State  and  the  State  permitted  to  select  other  lands  in 
lieu  thereof. 

Wyoming,  In  re,  18  L.  D.  473. 

28  STAT.  107,  JULY  16,  1894. 

GRANT  TO  UTAH— SALINES  EXCEPTED. 

AN  ACT  To  enable  the  people  of  Utah  to  form  a  constitution  and  State  government, 
and  to  be  admitted  into  the  Union  on  an  equal  footing  with  the  original  States, 

Be  it  enacted,  etc.,  That  the  inhabitants  of  all  that  part  of  the  area 
of  the  United  States  now  constituting  the  Territory  of  Utah,  as  at 
present  described,  may  become  the  State  of  Utah,  as  hereinafter 
provided. 

^  ^  ^{c  ^  «{c  ^  ^ 

Sec.  6.  That  upon  the  admission  of  said  State  into  the  Union, 
sections  numbered  2, 16,  32,  and  36  in  every  township  of  said  proposed 
State,  and  where  such  sections  or  any  parts  thereof  have  been  sold 
or  otherwise  disposed  of  by  or  under  the  authority  of  any  act  of 
Congress  other  lands  equivalent  thereto,  in  legal  subdivisions  of 
not  less  than  one  quarter  section  and  as  contiguous  as  may  be  to  the 
section  in  lieu  of  which  the  same  is  taken,  are  hereby  granted  to  said 
State  for  the  support  of  common  schools,  such  indemnity  lands  to 
be  selected  within  said  State  in  such  manner  as  the  legislature  may 
provide,  with  the  approval  of  the  Secretary  of  the  Interior:  Provided, 
That  the  second,  sixteenth,  thirty-second,  and  thirty-sixth  sections 
embraced  in  permanent  reservations  for  national  purposes  shall  not, 
at  any  time,  be  subject  to  the  grants  nor  to  the  indemnity  provi- 
sions of  this  act,  nor  shall  any  lands  embraced  in  Indian,  military,  or 
other  reservation  of  any  character  be  subject  to  the  grants  or  to  the 
indemnity  provisions  of  this  act  until  the  reservation  shall  have 
been  extinguished  and  such  lands  be  restored  to  and  become  a  part 
of  the  public  domain. 

Sec,  8.  That  lands  to  the  extent  of  two  townships  in  quantity,  au- 
thorized by  the  third  section  of  the  act  of  February  21,  1855,  to  be 
reserved  for  the  establishment  of  the  University  of  Utah,  are  hereby 
granted  to  the  State  of  Utah  for  university  purposes,  to  be  held  and 


1294  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


used  in  accordance  with  the  provisions  of  this  section;  and  any  por- 
tions ol  said  lands  that  may  not  have  been  selected  by  said  Terri- 
tory may  be  selected  by  said  State.  That  in  addition  to  the  above, 
110,000  acres  of  land,  to  be  selected  and  located  as  provided  in  the 
foregoing  section  of  this  act,  and  including  all  saline  lands  in  said 
State,  are  hereby  granted  to  said  State,  for  the  use  of  the  said  uni- 
versity, and  200,000  acres  for  the  use  of  an  agricultural  college  therein. 
That  the  proceeds  of  the  sale  of  said  lands,  or  any  portion  thereof, 
shall  constitute  permanent  funds,  to  be  safely  invested  and  held  by 
said  State;  and  the  income  thereof  to  be  used  exclusively  tor  the 
purposes  of  such  university  and  agricultural  college  respectively. 

A.  STATE  GRANT— UTAH. 

1.  Salines  part  of  grant — Disposal. 

2.  Nature  of  grant — Nonmineral  lands  only  included. 

3.  Salines — Location  under  mining  laws. 

4.  Mineral  character  of  lands. 

a.  What  constitutes — Determination. 

b.  Return  of  surveyor  general — Effect. 

5.  Time  of  taking  effect  of  grant. 

1.  salines  part  of  grant  disposal. 

The  meaning  of  section  8  is  that  the  saline  lands  are  to  be  contained  in  or  comprise 
a  part  of  the  110,000  acres  of  land,  and  this  construction  is  in  harmony  with  grants  of 
saline  lands  to  other  States. 

Montello  Salt  Co.  v.  Utah,  221  U.  S.  452,  p.  465. 

The  fact  that  if  the  saline  lands  are  included  in  the  110,000  acres  and  the  State  has 
the  right  to  sell  all  of  them,  and  that  until  it  declares  its  intention  or  makes  such 
selection  no  rights  can  be  acquired  by  others  under  the  mining  laws,  can  have  no 
application  where  it  is  alleged  or  shown  that  the  State  has  selected  and  received  grants 
from  the  United  States  for  the  full  110,000  acres. 

Montello  Salt  Co.  v.  Utah,  221  U.  S.  452,  p.  466. 

2.  NATURE  OF  GRANT — NONMINERAL  LANDS  ONLY  INCLUDED. 

The  grant  in  section  12  was  one  in  prsesenti  and  based  upon  the  conditions  that 
the  land  should  be  selected  from  unappropriated  public  lands  within  the  limits  of 
the  State  and  should  be  nonmineral  in  character;  and  while  the  nonmineral  character 
of  the  land  was  not  expressly  stated,  it  was  clearly  implied ,  because  all  mineral  lands 
had  been  reserved  to  be  disposed  of  under  the  mineral  laws. 

Brigham  City  v.  Rich,  34  Utah  130,  p.  138. 

After  the  selection  by  the  State  of  the  saline  lands  in  connection  with  other  lands 
to  the  amount  of  110,000  acres  the  State,  under  the  applicable  statutes  and  the  uniform 
policy  of  the  Government,  could  not  thereafter  select  other  subsequently  discovered 
saline  lands  in  satisfaction  or  in  lieu  of  any  part  of  the  110,000  acres  already  selected. 

Montello  Salt  Co.  v.  Utah,  221  U.  S.  452,  p.  466. 
See  Salt  Bluff  Placer,  In  re,  7  L.  D.  549. 

Southwestern  Min.  Co.,  In  re,  14  L.  D,  597. 

Lands  appearing  upon  the  selected  list  and  designated  as  mineral  in  character 
upon  the  strength  of  the  return  of  the  surveyor  are  not  subject  to  selection  by  the 
State  under  this  grant. 

Utah,  In  re,  29  L.  D.  69. 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1307. 


1295 


Where  there  is  nothing  to  show  that  any  claim  under  the  mining  laws  was  asserted 
to  lands  selected  under  this  act  at  the  time  when  the  right  of  the  State  attached,  it 
must  be  presumed  that  it  passed  to  the  State  under  the  grant,  and  this  presumption 
will  exist  until  overcome  by  satisfactory  proof  to  the  contrary. 

Utah,  In  re,  32  L.  D.  117,  p.  118. 

3.  SALINES — LOCATION  UNDER  MINING  LAWS. 

Before  the  enactment  of  this  statute  all  saline  lands  in  Utah,  as  well  as  elsewhere, 
were  subject  to  location  under  the  placer  mining  laws  of  the  United  States. 
Montello  Salt  Co.  v.  Utah,  221  U.  S.  452,  p.  460. 

4.  MINERAL  CHARACTER  OF  LANDS. 

a.  WHAT  CONSTITUTES — DETERMINATION. 

Lands  held  and  worked,  under  the  mining  laws,  for  their  mineral  deposits  long 
prior  to  the  admission  of  Utah  as  a  State,  are  excepted  from  the  grant  for  school  pur- 
poses, and  their  mineral  character  established. 

Utah  V.  Allen  27  L.  D.  53,  p.  54. 

Lands  containing  deposits  of  guano  are  mineral  lands  within  the  meaning  of  the 
United  States  mining  laws  and  do  not  pass  under  this  grant. 
Richter  v.  Utah  27  L.  D.  95,  p.  98. 

Lands  chiefly  valuable  for  building  stone  are  not  excepted  by  this  grant,  but  pass 
to  the  State  on  its  proper  selection. 
Utah,  In  re,  29  L.  D.  69,  p.  70. 

A  mineral  location  made  prior  to  the  admission  of  the  State  is  not  of  itself  sufiicient 
to  establish  the  mineral  character  of  the  land  located  so  as  to  defeat  the  grant  to  the 
State,  and  the  presumption  is  that  the  land  did  pass  to  the  State  under  the  grant. 

Mahoganey  No.  2  Lode  Claim,  In  re,  33  L.  D.  37,  p.  38. 

Applications  presented  under  the  mining  laws  covering  parts  of  a  school  section 
are  subject  to  the  same  disposition  as  other  contest  cases. 
Mahoganey  No.  2  Lode  Claim,  In  re,  33  L.  D.  37,  p.  38. 

b.  RETURN  OF  SURVEYOR  GENERAL — EFFECT. 

A  mere  mineral  return  by  a  surveyor  general  does  not  have  the  effect  of  establishing 
the  character  of  lands  as  chiefly  valuable  for  mineral  and  can  not  in  and  of  itself 
operate  to  take  lands  out  of  the  grant  to  the  State  as  mineral  lands,  but  this  can  only 
be  done  by  proof  showing  that  the  lands  were  at  the  time  when  the  right  of  the  State 
would  have  attached  known  to  contain  valuable  deposits  of  mineral  and  to  be  chiefly 
valuable  on  that  account. 

Utah,  In  re,  32  L.  D.  117. 

5.  TIME  OF  TAKING  EFFECT  OF  GRANT. 

Under  the  provisions  of  section  6  the  right  of  the  State  to  lands  in  controversy 
does  not  attach  until  identified  by  the  Government  survey. 

Mahoganey  No.  2  Lode  Claim,  In  re,  33  L.  D.  37. 
See  Colorado,  In  re,  6  L.  D.  412. 

The  right  of  the  State  to  lands  in  controversy  does  not  attach  until  identified  by  the 
Government  survey,  and  if  any  lands  at  that  time  are  of  known  mineral  character 
they  are  reserved  from  tHe  operation  of  the  grant. 

Mahoganey  No.  2  Lode  Claim,  In  re,  33  L.  D.  37. 
See  Utah  v.  Allen,  27  L.  D.  53. 
Utah,  In  re,  32  L.  D.  117. 


1296  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


30  STAT.  484,  JUNE  21,  1898. 

GRANT  TO  NEW  MEXICO— MINERALS  EXCEPTED. 
AN  ACT  To  make  certain  grants  of  land  to  the  Territory  of  New  Mexico,  etc. 

Be  it  enacted,  etc.,  That  sections  numbered  16  and  36  in  every 
township  of  the  Territory  of  New  Mexico,  and  where  such  sections, 
or  any  parts  thereof,  are  mineral  or  have  been  sold  or  otherwise 
disposed  of  by  or  under  the  authority  of  any  act  of  Congress,  other 
nonmineral  lands  equivalent  thereto,  in  legal  subdivisions  of  not 
less  than  one-quarter  section,  and  as  contiguous  as  may  be  to  the 
section  in  lieu  of  which  the  same  is  taken,  are  hereby  granted  to 
said  Territory  for  the  support  of  common  schools,  such  indemnity 
lands  to  be  selected  within  said  Territory  in  such  manner  as  is  here- 
inafter provided:  Provided,  That  the  sixteenth  and  thirty-sixth  sec- 
tions embraced  in  permanent  reservations  for  national  purposes 
shall  not  at  any  time  be  subject  to  the  grants  of  this  act,  nor  shall 
any  lands  embraced  in  Indian,  military,  or  other  reservations  of 
any  character  be  subject  to  the  grants  of  this  act;  but  such  reser- 
vations shall  be  subject  to  the  indemnity  provisions  of  this  act. 

Sec.  2.  That  50  sections  of  the  unappropriated  nonmineral  lands 
within  said  Territory,  to  be  selected  and  located  in  legal  subdivisions, 
as  hereinafter  provided  in  this  act,  shall  be,  and  are  hereby,  granted 
to  said  Territory  for  the  purpose  of  erecting  public  buildings  at  the 
capital  of  the  State  of  New  Mexico  when  said  Territory  shall  become 
a  State  and  be  admitted  into  the  Union,  when  said  capital  shall  be 
permanently  located  by  the  people  of  New  Mexico,  for  legislative, 
executive,  and  judicial  purposes. 

Sec.  3.  That  lands  to  the  extent  of  two  townships  in  quantity, 
authorized  by  the  sixth  section  of  the  act  of  July  22,  1854  (10  Stat. 
309),  to  be  reserved  for  the  establishment  of  a  university  in  New 
Mexico,  are  hereby  granted  to  the  Territory  of  New  Mexico  for 
university  purposes,  to  be  held  and  used  in  accordance  with  the 
provisions  in  this  section;  and  any  portions  of  said  lands  that  may 
not  have  been  heretofore  selected  by  said  Territory  may  be  selected 
now  by  said  Territory.  That  in  addition  to  the  above,  65,000  acres 
of  nonmineral,  unappropriated,  and  unoccupied  public  land,  to  be 
selected  and  located  as  hereinafter  provided,  together  with  all  saline 
lands  in  said  Territory,  are  hereby  granted  to  the  said  Territory  for 
the  use  of  said  university,  and  100,000  acres,  to  be  in  like  manner 
selected,  for  the  use  of  an  agricultural  college.  That  the  proceeds 
of  the  sale  of  said  lands,  or  any  portion  thereof,  shall  constitute 
permanent  funds,  to  be  safely  invested,  and  the  income  thereof  to 
be  used  exclusively  for  the  purposes  of  such  university  and  agricultural 
college,  respectively. 

Hi  *  *  *  *  * 

Sec.  6.  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal 
improvement,  made  to  new  States  by  the  eighth  section  of  the  act 
of  September  4,  1841  (5  Stat.  455),  which  section  is  hereby  repealed 
as  to  New  Mexico,  and  in  lieu  of  any  claim  or  demand  of  the  State  of 
New  Mexico  under  the  act  of  September  28,  1850  (9  Stat.  519),  and 
section  2429  R.  S.,  making  a  grant  of  swamp  and  overflowed  lands, 
which  grant  it  is  hereby  declared  is  not  extended  to  said  State  of 


STATE  AND  PUBLIC  (! RANTS,  1»P.  12:W-l;}07. 


1297 


New  ^foxico,  tlie  following  j^rants  of  nonniinenil,  uml  iinappropriatod 
land  arc  hereby  made  to  said  Territory  for  the  purposes  indicated, 
namely  (describing) . 

Sec.  10.  That  the  lands  reserved  for  university  purposes,  including 
all  saline  lands,  and  sections  16  and  36  reserved  for  public  schools, 
may  be  leased  under  such  laws  and  regulations  as  may  be  hereafter 
prescribed  by  the  legislative  assembly  of  said  Territory;  but  until 
the  meeting  of  the  next  legislature  of  said  Territory  the  governor, 
secretary  of  the  Territory,  and  the  solicitor  general  shall  constitute 
a  board  for  the  leasing  of  said  lands;  and  all  necessary  expenses  and 
costs  incurred  in  the  leasing,  management,  and  protection  of  said 
lands  and  leases  may  be  paid  out  of  the  proceeds  derived  from  such 
leases.  And  it  shall  be  unlawful  to  cut,  remove,  or  appropriate  in 
any  way  any  timber  growing  upon  the  lands  leased  under  the  provi- 
sions of  this  act,  and  not  more  than  one  section  of  land  shall  be 
leased  to  any  one  person,  corporation,  or  association  of  persons,  and 
no  lease  shall  be  made  for  a  longer  period  than  5  years,  and  all  leases 
shall  terminate  on  the  admission  of  said  Territory  as  a  State;  and  all 
money  received  on  account  of  such  leases  in  excess  of  actual  expenses 
necessarily  incurred  in  connection  with  the  execution  thereof  shall 
be  placed  to  the  credit  of  separate  funds  for  the  use  of  said  institu- 
tions, and  shall  be  paid  out  only  as  directed  by  the  legislative  assembly 
of  said  Territory,  and  for  the  purposes  indicated  herein.  *  *  * 
Provided,  That  such  legislative  assembly  may  provide  for  leasing 
all  or  any  part  of  the  lands  granted  in  this  act  on  the  same  terms 
and  under  the  same  limitations  prescribed  above  as  to  the  lands 
that  may  be  leased  only,  but  all  leases  made  under  the  provisions 
of  this  act  shall  be  subject  to  the  approval  of  the  Secretary  of  the 
Interior,  and  all  investments  made  or  securities  purchased  with  the 
proceeds  of  sales  or  leases  of  lands  provided  for  by  this  act  shall  be 
subject  to  like  approval  by  the  Secretary  of  the  Interior. 

A.  STATE  GRANT— NEW  MEXICO. 

1.  Policy  of  Government  to  reserve  minerals. 

2.  Grant  of  salines — Meaning  and  extent. 

1.  policy  of  government  to  reserve  minerals. 

The  policy  of  the  Government  has  been  to  reserve  lands  containing  valuable  deposits 
of  mineral  of  every  kind  from  the  grants  for  the  benefit  of  schools,  to  aid  in  the  con- 
struction of  railroads,  or  for  other  public  purposes,  whether  expressly  excluded  from 
such  grant  or  not. 

New  Mexico,  In  re,  31  L.  D.  389,  p.  390. 

Mineral  lands  were  expressly  excluded  from  the  grant  of  sections  16  and  36  to  the 
Territory  of  New  Mexico  under  this  act  for  the  support  of  common  schools,  and  other 
lands  were  granted  in  lieu  thereof. 

New  Mexico,  In  re,  31  L.  D.  389,  p.  390. 


1298  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


2.   GRANT  OF  SALINES  MEANING  AND  EXTENT. 

If  land  was  known  to  be  saline  at  the  date  of  this  act  it  did  not  pass  to  the  Territory 
under  the  grant  by  section  1 ;  but  such  lands  did  pass  to  the  Territory  under  the  grant 
of  saline  lands  by  section  3,  and  if  a  tract  was  not  known  to  be  saline  in  character  at 
the  date  of  the  act  then  it  passed  to  the  Territory  under  the  grant  by  section  1. 

New  Mexico,  In  re,  31  L.  D.  389,  p.  391. 

By  the  term  saline  lands  is  meant  land  chiefly  valuable  for  deposits  of  chloride  of 
sodium  or  common  salt,  and,  where  the  evidence  fails  to  establish  the  existence  in 
the  selected  lands  of  deposits  of  such  salt  in  sufficient  quantities  so  as  to  render  them 
chiefly  valuable  therefor,  but  does  establish  the  existence  of  large  deposits  of  gypsum, 
with  chloride  of  sodium  in  conjunction,  the  selection  list  submitted  by  a  State  will 
be  canceled. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  2. 
See  Alabama,  In  re,  21  L.  D.  320. 

Construing  this  act  with  all  prior  legislation  on  the  same  subject.  Congress  had  in 
contemplation  through  all  these,  including  this  act,  merely  common  salt  or  chloride 
of  sodium  in  its  various  forms  of  existence  or  deposit,  and  only  lands  containing 
commercially  valuable  quantities  thereof  are  available  under  this  grant  of  saline 
lands  to  New  Mexico. 

New  Mexico,  In  re,  35  L.  D.  1,  p.  7. 

See  Lovely  Placer  Claim,  In  re,  35  L.  D.  426. 

34  STAT.  267,  p.  273,  JUNE  16,  1906. 

GRANT  TO   OKLAHOMA   AND  ARIZONA  — MINERALS,   OIL  AND  GAS 

EXCEPTED. 

AN  ACT  To  enable  the  people  of  Oklahoma  and  of  the  Indian  Territory  to  form 
a  constitution  and  State  government. 

Be  it  enacted,  etc.,    *    *  * 

Sec.  8.  *  *  *  Where  any  part  of  the  lands  granted  by  this  act  to 
the  State  of  Oklahoma  are  valuable  for  minerals,  which  terms  shall  also 
include  gas  and  oil,  such  lands  shall  not  be  sold  by  the  said  State  prior 
to  January  1,  1915;  but  the  same  may  be  leased  for  periods  not  ex- 
ceeding five  years  by  the  State  officers  duly  authorized  for  that  pur- 
pose, such  leasing  to  be  made  by  public  competition  after  not  less  than 
30  days'  advertisement  in  the  manner  to  be  prescribed  by  law, 
and  all  such  leasing  shall  be  done  under  sealed  bids  and  awarded  to 
the  highest  responsible  bidder.  The  leasing  shall  require  and  the 
advertisement  shall  specify  in  each  case  a  fixed  royalty  to  be  paid 
by  the  successful  bidder,  in  addition  to  any  bonus  offered  for  the  lease, 
and  all  proceeds  from  leases  shall  be  covered  into  the  fund  to  which 
they  shall  properly  belong,  and  no  transfer  or  assignment  of  any  lease 
shall  be  valid  or  confer  any  right  in  the  assignee  without  the  con- 
sent of  the  proper  State  authorities  in  writing:  Provided,  however, 
That  agricultural  lessees  in  possession  of  such  lands  shall  be  reim- 
bursed by  the  mining  lessees  for  all  damage  done  to  said  agricultural 
lessees'  interest  therein  by  reason  of  such  mining  operations.  The 
legislature  of  the  State  may  prescribe  additional  legislation  governing 

such  leases  not  in  conflict  herewith. 

*  *  *  *  ^  * 

Sec.  12.  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal 
improvement  made  to  new  States  by  the  eighth  section  of  the  act 
of  September  4,  1841  (5  Stat.  455),  which  section  is  hereby  repealed 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1307. 


1209 


as  to  said  Staio,  aiul  in  liou  of  any  claim  or  demand  of  tlio  Stale  of 
Oklahoma  under  the  act  of  September  28,  1850  (9  Stat.  519),  and  sec- 
tion 2479  R.  S.,  makin<2^  a  grant  of  swamp  and  overflowed  lands, 
which  grant  it  is  hereby  declared  is  not  extended  to  said  State  of  Okla- 
homa, the  following  grant  of  land  is  hereby  made  to  said  State  from 
public  lands  of  the  United  States  within  said  State,  for  the  purposes 
mdicated,  namely:  For  the  benefit  of  the  Oldahoma  University, 
250,000  acres;  for  the  benefit  of  the  University  Preparatory  School, 
150,000  acres;  for  the  benefit  of  the  Agricultural  and  Mechanical 
College,  250,000  acres;  for  the  benefit  of  the  Colored  Agricultural 
and  Normal  University,  100,000  acres;  for  the  benefit  of  normal 
schools,  now  established  or  hereafter  to  be  established,  300,000 
acres.  The  lands  granted  by  this  section  shall  be  selected  by  the 
board  for  leasing  school  lands  of  the  Territory  of  Oklahoma  imme- 
diately upon  the  approval  of  this  act.  Said  selections,  as  soon  as 
made,  shall  be  certified  to  the  Secretary  of  the  Interior,  and  the  lands 
so  selected  shall  be  thereupon  withdrawn  from  homestead  entry. 

Sec.  29.  That  300  sections  of  the  unappropriated  nonmineral 
public  lands  within  said  State,  to  be  selected  and  located  in  legal  sub- 
divisions, as  provided  in  this  act,  are  hereby  granted  to  said  State 
for  the  purpose  of  erecting  legislative,  executive,  and  judicial  public 
buildings  in  the  same,  and  for  the  payment  of  the  bonds  heretofore 
or  hereafter  issued  therefor. 

Sec.  36.  That  all  mineral  lands  shall  be  exempted  from  the  grants 
made  by  this  act;  but  if  any  portion  thereof  shall  be  found  by  the 
Department  of  the  Interior  to  be  mineral  lands,  said  State,  by  the 
commission  provided  for  in  section  35  hereof,  under  the  direction 
of  the  Secretary  of  the  Interior,  is  hereby  authorized  and  empowered 
to  select  in  legal  subdivisions  an  equal  quantity  of  other  unappro- 
priated lands  in  said  State  in  lieu  thereof. 

A.  STATE  GRANT— OKLAHOMA. 

1.  Disposal  of  mineral  lands — Oil  and  gas. 

2.  School  sections  not  subject  to  mining  laws. 

3.  Grant  without  mineral  exception. 

4.  Application  of  section  36  to  Arizona. 

1.  disposal  of  mineral  lands — oil  and  gas. 

Section  8  makes  specific  provision  for  the  disposal  of  the  lands  granted  to  Oklahoma 
where  the  same  are  valuable  for  mineral,  and  it  expressly  provides  that  this  term 
shall  include  gas  and  oil,  and  this  removes  any  question  of  doubt  as  to  whether  the 
grants  made  by  said  act  were  intended  to  apply  to  mineral  lands. 

Oklahoma,  In  re,  35  L.  D.  509,  p.  510. 

2.  SCHOOL  SECTIONS  NOT  SUBJECT  TO  MINING  LAWS. 

The  provisions  of  these  sections  are  wholly  inconsistent  with  the  theory  that  Congress 
intended  to  subject  the  school  sections  in  the  Cherokee  Outlet  to  the  operation  of  the 
mining  laws,  and  these  have  no  application  to  such  lands. 

Shirley,  In  re,  35  L.  D.  113,  p.  115. 


1300  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


3.   GRANT  WITHOUT  MINERAL  EXCEPTION. 

The  grant  made  by  section  12  to  Oklahoma  is  from  the  public  lands  within  the 
State  and  is  without  specific  mineral  exception, 
Oklahoma,  In  re,  35  L.  D.  509,  p.  510. 

4.  APPLICATION  OF  SECTION  36  TO  ARIZONA. 

Section  36  of  this  act  has  reference  solely  to  the  grants  made  to  the  future  State  of 
Arizona  and  not  to  the  Territory  of  Oklahoma. 
Oklahoma,  In  re,  35  L.  D.  509,  p.  511. 

34  STAT.  517,  CHAP.  3555,  JUNE  27,  1906. 

GRANT  TO  WISCONSIN  FOR  FORESTRY. 
AN  ACT  Granting  lands  to  the  State  of  Wisconsin  for  forestry  purposes. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and  he  is 
hereby,  directed  to  cause  patents  to  issue  to  the  State  of  Wisconsin 
for  not  more  than  20,000  acres  of  such  unappropriated,  unoccupied, 
nonmineral  pubUc  lands  of  the  United  States  north  of  the  township 
line  between  townships  33  and  34  north,  fourth  principal  meridian, 
as  may  be  selected  by  and  within  said  State  for  forestry  pur- 
poses.   *    *  * 

36  STAT.  295,  APRIL  12,  1910. 

SECTIONS  RELINQUISHED— WYOMING. 

AN  ACT  Providing  that  the  State  of  Wyoming  be  permitted  to  relinquish  to  the 
United  States  certain  lands  heretofore  selected  and  to  select  other  lands  from  the 
public  domain  in  lieu  thereof. 

Be  it  enacted,  etc..  That  upon  the  delivery  to  the  Secretary  of  the 
Interior  by  the  State  of  Wyoming  of  its  properly  executed  and  duly 
recorded  deed  or  deeds  reconveying  to  the  United  States  of  America, 
in  fee  simple,  certain  lands  heretofore  selected  by  and  certified  to 
said  State  under  the  provisions  of  an  act  entitled  ''An  act  to  provide 
for  the  admission  of  the  State  of  Wyoming  into  the  Union,  and  for 
other  purposes,''  approved  July  10,  1890  (26  Stat.  222),  to  wit: 
*  *  *  the  land  so  described  having  been  acquired  under  the  grant 
of  sections  numbered  16  and  36  for  the  support  of  common  schools; 
and  selected  under  the  grant  of  260,000  acres  for  State  charitable, 
educationable,  penal,  and  reformatory  institutions,  said  selections 
being  approved  by  the  Secretary  of  the  Interior  on  April  29,  1897, 
December  14,  1900,  and  June  3,  1898,  the  said  State  shall  be  author- 
ized and  permitted  to  select  an  equal  number  of  acres  from  the  unre- 
served, nonmineral,  unappropriated  public  lands  of  the  United  States 
in  said  State  in  the  same  manner,  for  the  same  purposes,  and  subject 
to  the  same  conditions  and  limitations  under  which  the  lands  so 
reconveyed  were  selected  and  held. 

Sec.  2.  That  the  lands  so  reconveyed  shall  be  restored  to  and 
become  a  part  of  the  public  domain  and  be  subject  to  disposal  by  the 
Government  in  the  same  manner  in  which  other  public  lands  of  a  like 
character  are  disposed  of :  Provided,  That  no  portion  of  the  lands  so 
reconveyed  shall  be  subject  to  settlement,  entry,  location,  or  selection 


STATE  AND  PUBLIC  CJRANTS^  PP.  1239-1307. 


1301 


under  the  public  land  laws  of  the  United  States  until  the  Secretary 
of  the  Interior  shall  decide  that  such  lands  are  not  needed  for  any 
public  purpose. 

36  STAT.  557,  pp.  561,  562,  563,  565,  568,  572,  575,  JUNE  20,  1910. 

GRANT  TO  ARIZONA  AND  NEW  MEXICO— MINERALS  AND  SALINES 

EXCEPTED. 

AN  ACT  To  enable  the  people  of  New  Mexico  to  form  a  constitution  and  State  gov- 
ernment and  be  admitted  into  the  Union  on  an  equal  footing  with  the  original 
States;  and  to  enable  the  people  of  Arizona  to  form  a  constitution  and  State  govern- 
ment and  be  admitted  into  the  Union  on  an  equal  footing  with  the  original  States. 

Be  it  enacted,  etc.,  That  the  qualified  electors  of  the  Territory  of 
New  Mexico  and  Arizona  (sec.  19)  are  hereby  authorized  to  vote  for 
and  choose  delegates  to  form  a  constitutional  convention  for  said 
Territory  for  the  purpose  of  framing  a  constitution  for  the  proposed 
State  of  New  Mexico. 

illi  ilfi  ^  ^  ^  ^  iii 

Sec.  6.  That  in  addition  to  sections  16  and  36,  heretofore  granted 
to  the  Territory  of  New  Mexico,  sections  2  and  32  in  every  township 
in  said  proposed  State  not  otherwise  appropriated  at  the  date  of  the 
passage  of  this  act  are  hereby  granted  to  the  said  State  for  the  sup- 
port of  common  schools;  and  where  sections  2,  16,  32,  and  36,  or  any 
parts  thereof,  are  mineral,  or  have  been  sold,  reserved,  or  otherwise 
appropriated  or  reserved  by  or  under  the  authority  of  any  act  of  Con- 
gress, or  are  wanting  or  fractional  in  quantity,  or  where  settlement 
thereon  with  a  view  to  preemption  or  homestead,  or  improvement 
thereof  with  a  view  to  desert-land  entry  has  been  made  heretofore  or 
hereafter,  and  before  the  survey  thereof  in  the  field,  the  provisions 
of  sections  2275  and  2276  of  the  Revised  Statutes  are  hereby  made 
applicable  thereto  and  to  the  selection  of  lands  in  lieu  thereof  to  the 
same  extent  as  if  sections  2  and  32,  as  well  as  sections  16  and  36,  were 
mentioned  therein:    *    *  * 

Sec.  7.  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal 
improvements  made  to  new  States  by  the  eighth  section  of  the  act  of 
September  4,  1841  (5  Stat.  453),  and  in  lieu  of  the  swamp-land 
grant  made  by  the  act  of  September  28,  1850  (9  Stat.  519),  and  sec- 
tion 2479  of  the  Revised  Statutes,  and  in  lieu  of  the  grant  of  30,000 
acres  for  each  Senator  and  Representative  in  Congress,  made  by  the 
act  of  July  2,  1862  (12  Stat.  503),  which  grants  are  hereby  declared 
not  to  extend  to  the  said  State,  and  in  lieu  of  the  grant  of  saline 
lands  heretofore  made  to  the  Territory  of  New  Mexico  for  university 
purposes  by  section  3  of  the  act  of  June  21,  1898,  which  is  hereby 
repealed,  except  to  the  extent  of  such  approved  selections  of  such 
saline  lands  as  may  have  been  made  by  said  Territory  prior  to  the 
passage  of  this  act,  the  following  grants  of  lands  are  hereby  made, 
to  wit: 

For  university  purposes,  200,000  acres;  for  legislative,  executive, 
and  judicial  public  buildings  heretofore  erected  in  said  Territory  or 
to  be  hereafter  erected  in  the  proposed  State,  and  for  the  payment  of 
the  bonds  heretofore  or  hereafter  issued  therefor,  100,000  acres;  for 
insane  asylums,  100,000  acres;  for  penitentiaries,  100,000  acres;  for 
schools  and  asylums  for  the  deaf,  dumb,  and  the  blind,  100,000  acres; 
for  miners'  hospitals  for  disabled  miners,  50,000  acres;  for  normal 


1302  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


schools,  200,000  acres;  for  state  charitable,  penal,  and  reformatory 
institutions,  100,000  acres;  for  agricultural  and  mechanical  colleges, 
150,000  acres;  and  the  national  appropriation  heretofore  annually 
paid  for  the  agricultural  and  mechanical  college  to  said  Territory 
shall,  until  further  order  of  Congress,  continue  to  be  paid  to  said 
State  for  the  use  of  said  institution;  for  school  of  mines,  150,000 
acres. 

******* 

Sec.  11.  That  all  lands  granted  in  quantity  or  as  indemnity  by 
this  act  shall  be  selected,  under  the  direction  and  subject  to  the 
approval  of  the  Secretary  of  the  Interior,  from  the  surveyed,  unre- 
served, unappropriated,  and  nonmineral  public  lands  of  the  United 
States  within  the  limits  of  said  State,  by  a  commission  composed  of 
the  governor,  surveyor  general,  or  other  officer  exercising  the  func- 
tions of  a  surveyor  general,  and  the  attorney  general  of  the  said  State ; 
and  after  its  admission  into  the  Union  said  State  may  procure  public 
lands  of  the  United  States  within  its  boundaries  to  be  surveyed  with 
a  view  to  satisfying  any  public-land  grants  made  to  said  State  in 
the  same  manner  prescribed  for  the  procurement  of  such  surveys 
by  Washington,  Idaho,  and  other  States  by  the  act  of  Congress 
approved  August  18,  1894  (28  Stat.  394),  and  the  provisions  of  said 
act,  in  so  far  as  they  relate  to  such  surveys  and  the  preference  right 
of  selection,  are  hereby  extended  to  the  said  State  of  New  Mexico. 
The  fees  to  be  paid  to  the  register  and  receiver  for  each  final  location 
or  selection  of  160  acres  made  hereunder  shall  be  $1. 

Sec.  18.  That  all  saline  lands  in  the  proposed  State  of  New  Mexico 
are  hereby  reserved  from  entry,  location,  selection,  or  settlement  until 
such  time  as  Congress  shall  hereafter  provide  for  their  disposition. 

Sec.  19.  That  the  qualified  electors  of  the  Territory  of  Arizona 
are  hereby  authorized  to  vote  for  and  choose  delegates  to  form  a 
constitutional  convention  for  said  Territory  for  the  purpose  of  fram- 
ing a  constitution  for  the  proposed  State  of  Arizona. 

Sec.  24.  That  in  addition  to  sections  16  and  36,  heretofore  re- 
served for  the  Territory  of  Arizona,  sections  2  and  32  in  every  town- 
ship in  said  proposed  State  not  otherwise  appropriated  at  the  date 
of  the  passage  of  this  act  are  hereby  granted  to  the  said  State  for  the 
support  of  common  schools;  and  where  sections  2,  16,  32,  and  36,  or 
any  parts  thereof,  are  mineral,  or  have  been  sold,  reserved,  or  other- 
wise appropriated  or  reserved  by  or  under  the  authority  of  any  act 
of  Congress,  or  are  wanting  or  fractional  in  quantity,  or  where  settle- 
ment thereon  with  a  view  to  preemption  or  homestead,  or  improve- 
ment thereof  with  a  view  to  desert-land  entry  has  been  made  hereto- 
fore or  hereafter,  and  before  the  survey  thereof  in  the  field,  the  pro- 
visions of  sections  2275  and  2276  of  the  Revised  Statutes,  and  acts 
amendatory  thereof  or  supplementary  thereto,  are  hereby  made 
applicable  thereto  and  to  the  selection  of  lands  in  lieu  thereof  to  the 
same  extent  as  if  sections  2  and  32,  as  well  as  sections  16  and  36,  were 
mentioned  therein: 

^  ^  ^  ^  ^  ^  ^ 


STATE  AND  PUBLIC  GRANTS,  PP.  1239-1307. 


1303 


Sec.  29.  That  all  lands  granted  in  quantity,  or  as  indemnity,  by 
this  act,  shall  be  selected,  under  the  direction  and  subject  to  the 
approval  of  the  Secretary  of  the  Interior,  from  the  surveyed,  unre- 
served, unapproj)riated,  and  nonmineral  ])ublic  lands  of  tne  United 
States  within  the  limits  of  said  State,  by  a  commission  composed  of 
the  governor,  surveyor  general  or  other  oihcer  exercising  the  functions 
of  a  surveyor  general,  and  the  attorney  general  of  the  said  State; 
and  after  its  admission  into  the  Union  said  State  may  procure  public 
lands  of  the  United  States  within  its  boundaries  to  be  surveyed  with  a 
view  to  satisfying  any  public  land  grants  made  to  said  State  in  the 
same  manner  prescribed  for  the  procurement  of  such  surveys  by 
Washington,  Idaho,  and  other  States  by  the  act  of  Congress  approved 
August  18,  1894  (28  Stat.  394),  and  the  provisions  of  said  act,  in  so 
far  as  they  relate  to  such  surveys  and  the  preference  right  of  selection, 
are  hereby  extended  to  the  said  State  of  Arizona.  The  fees  to  be 
paid  to  the  register  and  receiver  for  each  final  location  or  selection  of 
160  acres  made  hereunder  shall  be  $1. 

36  STAT.  847,  chap.  420,  JUNE  25,  1910. 

COLLEGE  GRANT  TO  COLOKADO. 

AN  ACT  Granting  certain  public  lands  to  the  State  of  Colorada  for  the  use  of  the 
State  Agricultural  College,  for  agriculture,  forestry,  and  other  purposes. 

Be  it  enacted,  etc..  That  the  Secretary  of  the  Interior  is  hereby 
authorized  and  directed  to  con\'ey  to  the  State  of  Colorado,  for  the 
use  and  benefit  of  the  State  Agricultural  CoUege,  at  Fort  Collins, 
Colo.,  for  experimental,  educational,  and  kindred  uses  in  forestry, 
agriculture,  horticulture,  grazing,  stock  raising,  and  such  other  uses 
included  in  the  work  of  experiments  and  instruction  at  said  college, 
and  the  experiment  station  connected  therewith,  1,600  acres  of 
vacant,  unoccupied,  unentered,  and  nonmineral  land,  or  so  much 
thereof  as  the  State  board  of  agriculture  may  select  and  designate, 
upon  the  payment  therefor  of  the  sum  of  $1 .25  per  acre. 

Sec.  2.  That  said  land  shall  be  selected  by  said  State  board  of 
agriculture  from  any  vacant,  unoccupied,  and  unentered,  nonmineral 
public  land  in  township  7  north,  ranges  70,  71,  72,  73,  and  74  west, 
of  the  sixth  principal  meridian,  in  the  county  of  Larimer,  State  of 
Colorado,  and  the  tracts  so  selected  shall  not  contain  less  than  40 
nor  more  than  160  acres  each. 

36  STAT.  961,  MARCH  1,  1911. 

GRANT  TO  PROTECT  WATER  SHEDS. 

AN  ACT  To  enable  any  State  to  cooperate  with  any  other  State  or  States,  or  with 
the  United  States,  for  the  protection  of  the  watersheds  of  navigable  streams,  and 
to  appoint  a  commission  for  the  acquisition  of  lands  for  the  purpose  of  conserving 
the  navigability  of  navigable  rivers. 

Be  it  enacted,  etc..  That  the  consent  of  the  Congress  of  the  United 
States  is  hereby  gi\en  to  each  of  the  several  States  of  the  Union  to 
enter  into  any  agreement  or  compact,  not  in  conflict  with  any  law 
of  the  United  States,  with  any  other  State  or  States  for  the  purpose 
of  conserving  the  forests  and  the  water  supply  of  the  States  entering 
into  such  agreement  or  compact. 

*  *  *  ^  ?>s  :|: 


1304  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

Sec.  9.  That  such  acquisition  may  in  any  case  be  conditioned  upon 
the  exception  and  reservation  to  the  owner  from  whom  title  passes  . 
to  the  United  States  of  the  minerals  and  of  the  merchajitable  timber, 
or  either  or  any  part  of  them,  within  or  upon  such  lands  at  the  date 
of  the  conveyance,  but  in  every  case  such  exception  and  reservation 
and  the  time  within  which  such  timber  shall  be  removed  and  the  rules 
and  regulations  under  which  the  cutting  and  removal  of  such  timber 
and  the  mining  and  removal  of  such  minerals  shall  be  done  shall  be 
expressed  in  the  written  instrument  of  conveyance,  and  thereafter 
the  mining,  cutting,  and  removal  of  the  minerals  and  timber  so 
excepted  and  reserved  shall  be  done  only  under  and  in  obedience 
to  the  rules  and  regulations  so  expressed. 


II.  CITIES.  TOWNS,  AND  CORPORATIONS. 


30  STAT.  487,  JUNE  21,  1898. 

LANDS  FOR  AVATER  SUPPLY— MINERALS  RESERVED. 
AN  ACT  Granting  certain  lands  to  Santa  Barbara,  California. 

Be  it  enacted,  etc.,  That  the  following-described  tracts  of  land, 
situate  in  the  county  of  Santa  Barbara  and  State  of  California,  de- 
scribed as  follows:  (Here  follows  description),  be,  and  the  same  are 
hereby,  granted  and  conveyed  to  the  city  of  Santa  Barbara,  in  the 
county  of  Santa  Barbara,  and  State  of  California,  to  have  and  to 
hold  said  lands  to  its  use  and  behoof  forever,^ for  the  purpose  of  devel- 
oping a  water  supply;  *  *  *  Provided,  That  said  city  shall  pay 
for  said  land  so  selected  the  sum  of  $1.25  per  acre,  and  that  no  title 
to  mineral,  coal,  or  oil  lands  within  the  said  tract  shall  pass  under 
the  provisions  of  this  act. 

36  STAT.  459,  p.  461,  chap.  267,  JUNE  7,  1910. 

GRANT  TO  CITIES  FOR  PARKS. 

AN  ACT  Granting  public  lands  to  certain  cities  and  towns  in  the  State  of  Colorado 

for  pubUc-park  purposes. 

Be  it  enacted,  etc.,  That  there  is  hereby  granted  and  conveyed 
to  the  following-named  municipal  corporations  in  the  State  of  Colo- 
rado, for  public-park  purposes  and  for  the  use  and  benefit  of  the 
respective  cities  and  towns,  the  following-described  lands,  or  so  much 
thereof  as  said  cities  and  towns  may  desire,  to  wit:  (Names  of  towns 
and  description  of  lands).    *    *  * 

Sec.  2.  That  the  said  conveyance  shall  be  made  of  the  said  lands  to 
the  said  cities  and  towns,  respectivel3%  by  the  Secretary  of  the  Interior 
upon  the  payment  by  the  said  cities  and  towns  for  the  said  land  or 
such  portions  thereof  as  they  may  select,  respectively,  at  the  rate  of 
$1.25  per  acre,  and  patent  issued  to  said  cities  and  towns  for  the  said 
land  selected,  respectively,  to  have  and  to  hold  for  public-park  pur- 
poses, subject  to  the  existing  laws  and  regulations  concerning  public 
parks,  and  that  the  grant  hereby  made  shall  not  include  any  lands 
which  at  the  date  of  the  issuance  of  patent  shall  be  covered  by  a  valid, 
existing,  bona  fide  right  or  claim  initiated  under  the  laws  of  the  United 
States:  Provided,  That  there  shall  be  reserved  to  the  United  States 
all  oil,  coal,  and  other  mineral  deposits  that  may  be  found  in  the  land 
so  granted,  and  all  necessary  use  of  the  land  for  extracting  the  same: 
And  provided  further.  That  said  cities  and  towns  shall  not  have  the 
right  to  sell  or  convey  the  lands  herein  granted,  or  any  parts  thereof, 
or  to  devote  the  same  to  any  other  purpose  than  as  hereinbefore 
described;  and  that  if  the  said  lands  shall  not  be  used  as  public  parks, 
the  same,  or  such  parts  thereof  not  so  used,  shall  revert  to  the  United 
States. 

1305 

56974°— Bull.  94,  pt  2—15  31 


1306  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


36  STAT.  892,  JANUARY  12,  1911. 

CEMETERY  GRANT— COLORADO. 

AN  ACT  Setting  apart  a  tract  of  land  to  be  used  as  a  cemetery  by  the  Independent 
Order  of  Odd  Fellows  of  Central  City,  Colo. 

Be  it  enacted,  etc.,  That  the  Secretary  of  the  Interior  be,  and  is 
hereby,  authorized  to  set  apart,  from  and  out  of  the  mineral  lands 
in  Eureka  mining  district,  Gilpin  County,  State  of  Colorado  (such 
lands  having  been  heretofore  returned  to  the  land  office  at  Central 
City  as  mineral  lands),  a  tract  of  land  not  exceeding  7  acres  in  extent, 
to  be  used  by  the  Independent  Order  of  Odd  Fellows  of  Central  City, 
Colo.,  as  a  cemetery,  and  being  aU  that  portion  of  the  following- 
described  tract  not  included  in  any  prior  vahd  claim,  namely;   *   *  * 

Sec.  2.  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
authorized  to  confirm  the  title  to  the  said  described  tract  of  land  to 
the  Independent  Order  of  Odd  FeUows  of  Central  City,  and  to  cause 
a  patent  to  be  issued  for  said  land  to  be  used  for  cemetery  purposes 
only:  Provided,  That  nothing  contained  in  this  grant  shall  be  so  con- 
strued as  to  prevent  future  applications  for  the  extension  of  lode 
claims  within  the  confines  of  the  cemetery  and  claiming  the  mineral 
foimd  there,  aU  mining  operations  within  the  bounds  of  the  land  there 
set  apart  to  the  Independent  Order  of  Odd  Fellows  for  cemetery  pur- 
poses to  be  conducted  beneath  the  surface  and  so  as  in  no  way  to 
disturb  the  graves  of  the  dead  buried  there  or  to  mar  the  surface  of 
the  ground. 

36  STAT.  1349,  CHAP.  255,  MARCH  4,  1911. 

GRANT  TO  TRINIDAD  FOR  WATER  STORAGE— MINERALS  RESERVED. 
AN  ACT  To  grant  certain  lands  to  the  city  of  Trinidad,  Colo. 

Be  it  enacted,  etc..  That  the  foUo wing-described  lands  situate  in 
Las  Animas  County,  Colo.,  namely:  The  southwest  quarter  of  the 
northeast  quarter  of  section  19,  in  township  32  south,  range  68  west 
of  the  sixth  principal  meridian,  containing  40  acres,  more  or  less,  be, 
and  the  same  are  hereby,  granted  and  conveyed  to  the  city  of  Trini- 
dad, in  the  county  of  Las  Animas  and  State  of  Colorado,  upon  the 
payment  of  $1.25  per  acre  by  said  city  to  the  United  States.  The 
above  lands  are  granted  and  conveyed  to  the  city  of  Trinidad,  to 
have  and  hold  for  its  separate  use  for  purposes  of  water  storage  and 
protection  of  water  supply;  and  for  said  purposes  said  city  shaU 
forever  have  the  right,  in  its  discretion,  to  control  and  use  any  and 
aU  parts  of  the  premises  herein  conveyed,  and  in  the  construction  of 
reservoirs,  laying  such  pipes  and  mains,  and  in  making  such  improve- 
ments as  may  be  necessary  to  utilize  the  water  contained  in  any 
natural  or  constructed  reservoirs  upon  said  premises,  and  to  protect 
its  water  supply  from  pollution  and  otherwise:  Provided,  however, 
That  the  grant  hereby  made  is  and  the  patent  issued  hereunder  shall 
be  subject  to  all  legal  rights  heretofore  acquired  by  any  person  or 
persons  in  or  to  the  above-described  premises,  or  an}^  part  thereof, 
and  now  existing  under  and  by  virtue  of  the  laws  of  the  United 
States:  And  provided.  That  there  shall  be  reserved  to  the  United 
States  aU  oil,  coal,  and  other  mineral  deposits  that  may  be  found  in 
the  lands  so  granted,  and  all  necessary  use  of  the  lands  for  extracting 


STATE  AND  PUBLIC  CRANTS,  PP.  1239-1307. 


1807 


the  same:  And  piovitlctl  I'uitlier,  'J'liat  the  lands  hereby  authorized 
to  be  purchased,  as  herembefore  set  forth,  and  all  portions  thereof 
shall  be  held  and  used  by  or  for  the  said  grantee  for  the  purposes 
herein  specified,  and  in  the  event  the  said  lands  shall  cease  to  be  so 
used  they  shall  revert  to  the  United  States,  and  this  condition  shall 
be  expressed  in  the  patent  to  be  issued  under  the  terms  of  this  act. 

36  STAT.  1350,  MARCH  4,  1911. 

GRANTS  FOR  PARKS— MINERALS  RESERVED. 

AN  ACT  Granting  public  lands  to  the  town  of  Omak,  State  of  Washington,  for  public- 
park  purposes. 

Be  it  enacted,  etc.,  That  there  is  hereby  granted  and  conveyed, 
for  pubhc-park  purposes,  to  the  town  of  Omak,  county  of  Okanogan, 
State  of  Washington,  a  municipal  corporation,  the  following  described 
lands,  or  so  much  thereof  as  said  town  may  desire,  to  wit:  All  of 
Government  lot  numbered  3,  section  25;  and  aU  of  Government 
lot  numbered  4,  section  26,  both  lying  in  township  34  north,  and 
range  26  east  of  Willamette  meridian,  and  containing  29^^  acres, 
more  or  less. 

Sec.  2.  That  the  said  conveyance  shall  be  made  of  the  said  lands 
to  the  said  town  by  the  Secretary  of  the  Interior  upon  the  payment 
by  the  said  town  for  the  said  lands,  or  such  portion  thereof  as  it  may 
select,  at  the  rate  of  $1.25  per  acre,  and  patent  issued  to  the  said  town 
for  the  said  lands  selected,  to  have  and  to  hold  for  public-park  pur- 
poses, subject  to  the  existing  laws  and  regulations  concernmg  public 
parks,  and  that  the  grant  hereby  made  shall  not  include  any  lands 
which  at  the  date  of  the  issuance  of  patent  shall  be  covered  by  a 
valid,  existing,  bona  fide  right  or  claim  initiated  under  the  laws  of 
the  United  States:  Provided,  That  there  shall  be  reserved  to  the 
United  States  all  oil,  coal,  and  other  mineral  deposits  that  may  be 
found  in  the  lands  so  granted,  and  all  necessary  use  of  the  lands  for 
extracting  the  same:  And  provided  further,  That  the  said  town  shall 
not  have  the  right  to  sell  or  convey  the  lands  herein  granted,  or  any 

Earts  thereof,  or  to  devote  the  same  to  any  other  purpose  than  as 
ereinbefore  described,  and  that  if  the  said  lands  shall  not  be  used  as 
public  parks  the  same,  or  such  parts  thereof  not  so  used,  shall  revert 
to  the  United  States. 


STONE  LANDS. 


20  STAT.  89,  1  SUPP.  167,  JUNE  3,  1878. 

LANDS  VALUABLE  CHIEFLY  FOR  STONE. 

AN  ACT  For  the  sale  of  timber  lands  in  the  States  of  California,  Oregon,  Nevada  and 

in  Washington  Territory. 

Be  it  enacted,  etc.,  That  surveyed  public  lands  of  the  United  States 
within  the  States  of  California,  Oregon  and  Nevada  and  in  Washing- 
ton Territory,  not  included  within  military,  Indian,  or  other  reserva- 
tions of  the  United  States,  valuable  chiefly  for  timber,  but  unfit  for 
cultivation,  and  which  have  not  been  offered  at  public  sale  according 
to  law,  may  be  sold  to  citizens  of  the  United  States,  or  persons  who 
have  declared  their  intention  to  become  such,  in  quantities  not  ex- 
ceeding 160  acres  to  any  one  person  or  association  of  persons,  at  the 
minimum  price  of  $2.50  per  acre;  and  lands  valuable  chiefly  for 
stone  may  be  sold  on  the  same  terms  as  timber  lands:  Provided, 
That  nothing  herein  contained  shall  defeat  or  impair  any  bona  fide 
claim  under  any  law  of  the  United  States,  or  authorize  the  sale  of 
any  mining  claim,  or  the  improvements  of  any  bona  fide  settler,  or 
lands  containing  gold,  silver,  cinnabar,  copper,  or  coal,  or  lands 
selected  by  the  said  States  under  any  law  of  the  United  States  donat- 
ing lands  for  internal  improvements,  education,  or  other  purposes: 
And  provided  further,  That  none  of  the  rights  conferred  by  the  act 
approved  July  26,  1866  (14  Stat.  251),  entitled  "An  act  granting 
the  right  of  way  to  ditch  and  canal  owners  over  the  pubHc  lands, 
and  for  other  purposes,"  shall  be  abrogated  by  this  act;  and  all  pat- 
ents granted  shall  be  subject  to  any  vested  and  accrued  water  rights, 
or  rights  to  ditches  and  reservoirs  used  in  connection  with  such 
water  rights,  as  may  have  been  acquired  under  and  by  the  provisions 
of  said  act;  and  such  rights  shall  be  expressly  reserved  in  any  patent 
issued  under  this  act. 

Sec.  2.  That  any  person  desiring  to  avail  himself  of  the  provisions 
of  this  act  shall  file  with  the  register  of  the  proper  district  a  written 
statement  in  duplicate,  one  of  which  is  to  be  transmitted  to  the 
General  Land  Office,  designating  by  legal  subdivisions  the  particular 
tract  of  land  he  desires  to  purchase,  setting  forth  that  the  same  is 
unfit  for  cultivation,  and  valuable  chiefly  lor  its  timber  or  stone; 
that  it  is  uninhabited;  contains  no  mining  or  other  improvements, 
except  for  ditch  or  canal  purposes,  where  any  such  do  exist,  save 
such  as  were  made  by  or  belong  to  the  apphcant,  nor,  as  deponent 
verily  believes,  any  valuable  deposit  of  gold,  silver,  cinnebar,  copper, 
or  coal;  that  deponent  has  made  no  other  application  under  this  act; 
that  he  does  not  apply  to  purchase  the  same  on  speculation,  but  in 
good  faith  to  appropriate  it  to  his  own  exclusive  use  and  benefit; 
and  that  he  has  not,  directly  or  indirectly,  made  any  agreement  or 
contract,  in  any  way  or  manner,  with  any  person  or  persons  what- 
1308 


STONK  LANDS,  PP.  1308-1333. 


1309 


soever,  by  which  the  tiilo  whicli  ho  might  acquire  from  the  Government 
of  the  United  States  should  iiuire,  in  whole  or  in  part,  to  the  benefit 
of  any  person  except  himself;  which  statement  must  be  verified  by 
the  oath  of  the  applicant  before  the  register  or  the  receiver  of  the 
land  office  within  the  district  where  the  land  is  situated;  and  if 
any  person  taking  such  oath  shall  swear  falsely  in  the  premises,  he 
shall  be  subject  to  all  the  pains  and  penalties  of  perjury,  and  shall 
forfeit  the  money  which  he  may  have  paid  for  said  lands,  and  all  right 
and  title  to  the  same;  and  any  grant  or  conveyance  which  he  may 
have  made,  except  in  the  hands  of  bona  fide  purchasers,  shall  be  null 
and  void. 

Sec.  3.  That  upon  the  filing  of  said  statement,  as  provided  in  the 
second  section  of  this  act,  the  register  of  the  land  office,  shall  post  a 
notice  of  such  application,  embracing  a  description  of  the  land  by 
legal  subdivisions,  in  his  office,  for  a  period  of  60  days,  and  shall 
furnish  the  applicant  a  copy  of  the  same  for  publication,  at  the 
expense  of  such  applicant,  m  a  newspaper  published  nearest  the 
location  of  the  premises,  for  a  like  period  of  time;  and  after  the 
expiration  of  said  60  days,  if  no  adverse  claim  shall  have  been  filed, 
the  person  desiring  to  purchase  shall  furnish  to  the  register  of  the 
land  office  satisfactory  evidence,  first,  that  said  notice  of  the  apphca- 
tion  prepared  by  the  register  as  aforesaid  was  duly  published  in  a 
newspaper  as  herein  required;  secondly,  that  the  land  is  of  the.charac- 
ter  contemplated  in  this  act,  unoccupied  and  without  improvements, 
other  than  those  excepted,  either  mining  or  agricultural,  and  that  it 
apparently  contains  no  valuable  deposits  of  gold,  silver,  cinnabar, 
copper,  or  coal;  and  upon  payment  to  the  proper  officer  of  the  pur- 
chase money  of  said  land,  together  with  the  fees  of  the  register  and  the 
receiver,  as  provided  for  in  case  of  mining  claims  in  the  twelfth 
section  of  the  act  approved  May  10, 1872  (17  Stat.  91),  the  appUcant 
may  be  permitted  to  enter  said  tract,  and,  on  the  transmission  to 
the  General  Land  Office  of  the  papers  and  testimony  in  the  case,  a 
patent  shall  issue  thereon:  Provided,  That  any  person  having  a  valid 
claim  to  any  portion  of  the  land  may  object,  in  writing,  to  the  issu- 
ance of  a  patent  to  lands  so  held  by  him,  stating  the  nature  of  his 
claim  thereto;  and  evidence  shall  be  taken,  and  the  merits  of  said 
objection  shall  be  determined  by  the  officers  of  the  land  office,  subject 
to  appeal,  as  in  other  land  cases.  Effect  shall  be  given  to  the  fore- 
going provisions  of  this  act  by  regulations  to  be  prescribed  by  the 
Commissioner  of  the  General  Land  Office. 

Sec.  4.  That  after  the  passage  of  this  act  it  shall  be  unlawful  to 
cut,  or  cause  or  procure  to  be  cut,  or  wantonly  destroy,  any  timber 
growing  on  any  lands  of  the  United  States,  in  said  States  and  Terri- 
tory or  remove,  or  cause  to  be  removed,  any  timber  from  said 
puolic  lands,  with  intent  to  export  or  dispose  of  the  same;  and  no 
owner,  master,  or  consignee  of  any  vessel,  or  owner,  director,  or  agent 
of  any  railroad,  shall  knowingly  transport  the  same,  or  any  lumber 
manufactured  therefrom;  and  any  person  violating  the  provisions 
of  this  section  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction, 
shall  be  fined  for  every  such  offense  a  sum  not  less  than  $100  nor  more 
than  $1,000:  Provided,  That  nothing  herein  contained  shall  prevent 
any  miner  or  agriculturist  from  clearing  his  land  in  the  ordinary  work- 
ing of  his  mining  claim,  or  preparing  his  farm  for  tillage,  or  from  taking 


1310  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


the  timber  necessary  to  support  his  iraprovements,  or  the  taking 
of  timber  for  the  use  of  the  United  States;  and  the  penalties  herein 
provided  shall  not  take  effect  until  ninety  days  after  the  passage 
of  this  act. 

A.  TIMBER  AND  STONE  ACT. 

1.  Purpose  and  application. 

2.  Construction  of  act. 

3.  Policy  to  protect  timber  and  minerals. 

4.  Timber  lands — Disposal. 

5.  Stone  lands — Disposal. 

6.  Particular  kinds  of  stone  included. 

7.  Stone  lands  excepted  from  railroad  grants. 

8.  Application  to  purchase. 

a.  Filing  and  effect. 

b.  Mineral  lands  not  subject  to  purchase. 

c.  Showing  as  to  mineral  character  of  land. 

d.  Showing  as  to  good  faith. 

e.  Regulations  as  to  showing  of  character  of  land. 

f.  Verification   by  oath  of  applicant — Basis  of 

KNOWLEDGE. 

g.  Quantity  of  land  purchasable. 

h.  Notice — Posting  and  publishing. 

i.  Entry  based  on  false  affidavit — Effect. 
j.  Verification — Perjury — Effect. 

k.  Register  to  furnish  final  proof  of  notice — 

Publication. 
1.  Conspiracy  to  purchase — Effect. 
m.  Prior  agreement  of  applicant  to  sell — Effect. 
n.  Contract  of  sale  after  application — Validity. 
o.  Bona  fide  purchaser  from  entryman — Title. 

9.  Agricultural  settlement  on  stone  lands. 

10.  Agricultural  entry  not  permitted  under  this  act. 

11.  Forfeiture  or  cancellation  of  entry. 

12.  Recovery  of  money  on  cancellation  of  entry. 

13.  Patent — Cancellation. 

14.  State  selections — Basis. 

15.  Regulations  by  secretary. 

16.  Cutting  of  timber. 

a.  Construction  and  meaning  of  act. 

b.  Purposes  for  which  timber  may  be  cut. 

c.  Who  permitted  to  cut. 

d.  Homestead  settler  not  permitted  to  cut  timber. 

e.  Indictment  for  cutting — Sufficiency. 

f.  Criminal  liability — Proof  and  defense. 

g.  Trespasser — Liability  and  damages. 


p 


STONE  LANDS,  PP.  1308-1333.  1311 

1.  PURPOSE  AND  APPLICATION. 

See  21  Stat.  140,  p.  121G. 

One  object  of  the  statute  was  to  enable  the  inhabitants  of  Nevada,  California,  and 
Washington  Territory  to  purchase  certain  timber  lands,  and  anoth(>r  to  prevent  the 
committing  of  waste  on  the  public  lands  of  the  States  and  Territories  named  in  the 
act,  but  it  was  not  the  purpose  to  interfere  with  the  agriculturist  and  miner  who 
mined  without  committing  actual  waste  in  the  cutting  of  timber  from  the  public  lands. 

Instructions— Timber  Cutting,  In  re,  1  L.  D.  600,  p.  601. 

This  statute  was  intended  to  enable  settlers  in  regions  where  timber  is  scarce  to 
utilize  it  so  far  as  is  necessary  for  domestic  and  mining  purposes,  and  courts  will  not 
presume  that  the  regulations  adopted  l)y  the  Secretary  of  the  Interior  were  intended 
to  place  embarrassing  and  unnecessary  restrictions  in  the  way  of  ouch  use. 

United  States  v.  Price  Trading  Co.,  109  Fed.  239,  p.  245. 
See  Stubbs  v.  United  States,  ill  Fed.  366,  p.  368. 

Section  4  of  this  act  was  not  put  in  force  in  the  State  of  Colorado  by  the  amendment 
of  March  3,  1891  (26  Stat.  1093),  but  it  was  made  applicable  and  put  in  force  in  all  the 
public  land  States  by  the  act  of  August  4,  1892  (27  Stat.  348),  and  this  includes  the 
State  of  Colorado. 

Stubbs  V.  United  States,  104  Fed.  988,  p.  991. 
Stubbs  V.  United  States,  111  Fed.  366,  p.  367. 

Section  4  of  this  act  was  not  in  force  in  the  State  of  Colorado  on  and  after  March  3, 
1891,  so  far  as  it  related  to  cutting  timber  on  lands  not  mineral. 

Stubbs  V.  United  States,  104  Fed.  988,  p.  991. 
See  Stubbs  v.  United  States,  111  Fed.  366. 

This  act,  by  its  terms,  is  made  applicable  to  the  States  of  California,  Oregon,  and 
Nevada,  but  lands  chiefly  valuable  for  stone  may,  in  other  States*  be  located  under 
the  placer  mining  laws. 

Freezer  v.  Sweeney,  8  Mont.  508,  p.  513. 

The  mineral  districts  of  California  were  included  in  this  act,  and  all  privileges 
granted  to  the  inhabitants  of  the  mineral  districts  of  the  States  and  Territories  named 
were  granted  to  the  inhabitants  of  such  mineral  districts  of  California. 

Instructions — Timber  Cutting,  In  re,  1  L.  D.  600. 

By  this  amendment  the  provisions  of  the  statute  were  extended  to  all  public- 
land  States  and  as  so  extended  were  in  force  and  governed  any  offenses  thereafter 
committed. 

Morgan  v.  United  States,  148  Fed.  189,  p.  192. 

The  statute  is  based  manifestly  upon  the  possibility  that  much  of  the  timber  and 
stone  on  such  lands  would  not  be  needed  for  years  to  come,  and  that  the  opportunities 
thus  afforded  for  increased  valuation  should  not  be  monopolized  by  a  few,  but  should 
be  open  equally  to  all,  so  that  any  such  increment  might  be  shared  widely  by  the 
people  of  the  United  States,  and  was  an  attempt  to  widely  distribute  and  popularize 
the  ownership  of  these  lands  and  Congress  did  not  mean  to  shut  out  the  citizens  of  the 
United  States  who  live  at  great  distances  or  were  physically  incapacitated  to  explore 
the  woods  or  who  could  not,  for  any  reason,  personally  inspect  the  land. 

Hoover  v.  Sailing,  110  Fed.  43. 

Robnett  v.  United  States,  169  Fed.  778,  p.  781. 

2.  CONSTRUCTION  OF  ACT. 


Section  4  must  be  given  such  a  construction  as  will  prohibit  the  taking  of  timber 
from  the  adjacent  public  lands  by  a  tainer  or  agriculturist  in  any  case  not  strictly 


1312  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


within  the  proviso,  as  the  purpose  of  the  statute  is  to  preserve  the  timber  on  the  pub- 
lic domain  against  cutting  for  any  purpose  other  than  that  of  clearing  the  land  for  the 
purpose  of  agriculture  or  the  ordinary  working  of  a  mining  claim  by  a  miner,  or  for 
supporting  the  necessary  improvements  of  each. 

United  States  v.  English,  107  Fed.  867,  p.  869. 
See  English  v.  United  States,  116  Fed.  625,  p.  626. 

The  proviso  contained  in  section  4  does  not  permit  the  taking  of  timber  from  public 
lands  for  the  conduct  of  a  permanent  business,  as  such  use  is  not  an  improvement. 

United  States  v.  English,  107  Fed.  867,  p.  868. 
See  United  States  v.  Hacker,  73  Fed.  292. 

Congress  did  not  by  the  amendment  of  August  4,  1892,  intend  to  withdraw  the  priv- 
ilege conferred  by  this  statute  on  residents  of  the  States  and  Territories  where  there 
was  a  dearth  of  timber,  but  continued  the  right  to  devote  such  timber  as  was  found 
standing  on  mineral  land  to  agricultural,  mining,  and  other  domestic  uses. 

United  States  v.  Price  Trading  Co.,  109  Fed.  239,  p.  248. 
Stubbs  V.  United  States,  111  Fed.  366,  p.  368. 

3.  POLICY  TO  PROTECT  TIMBER  AND  MINERALS. 

The  policy  of  the  Government,  as  manifested  by  tliis  and  kindred  legislation,  was  to 
protect  the  timber  on  the  public  domain  except  as  against  certain  necessary  and  speci- 
fied uses  in  mining  and  tilling,  and  the  mischief  intended  to  be  prevented  outside  of 
the  wanton  destruction  was  its  sale. 

United  States  v.  Hacker,  73  Fed.  292,  p.  295. 

Lands  duly  entered  for  homestead  are,  under  this  section,  still  so  far  the  property 
of  the  United  States  that  the  Government  may  protect  itself  against  an  unlawful  use 
thereof,  and  may  punish  the  settler  for  unlawfully  cutting  the  timber  thereon. 

Shiver  v.  United  States,  159  U.  S.  491,  p.  494. 

The  Government  has  no  adequate  way  of  protecting  its  public  lands  and  timber 
by  fencing  and  vigilant  attention  as  an  individual  owner,  and  its  liberality  in  allowing 
timber  to  be  cut  on  its  lands  for  mining,  agricultural,  and  other  specified  uses  has 
been  used  as  a  screen  for  the  lawless  depredator  who  destroys  and  sells  for  profit,  and 
it  has  long  been  a  matter  of  complaint  that  the  depredations  of  these  public  lands  are 
rapidly  destroying  the  finest  forests  in  the  world. 

Wooden  Ware  Co.  v.  United  States,  106  U.  S.  432,  p.  436. 

As  between  the  United  States  and  a  settler,  the  land  is  deemed  the  property  of  the 
United  States,  at  least  so  far  as  may  be  necessary  to  protect  it  from  waste. 
Shiver  v.  United  States,  159  U.  S.  491,  p.  499. 

The  power  of  regulation  and  disposition  of  mineral  lands  or  other  lands  conferred 
upon  Congress  only  ceases  when  all  the  preliminary  acts  prescribed  by  Congress  for 
the  acquisition  of  the  title,  including  the  payment  of  the  price  for  the  land,  have  been 
performed  by  the  locator  or  settler. 

United  States  v.  Braddock,  50  Fed.  669,  p.  673. 

4.  TIMBER  LANDS — DISPOSAL. 

This  act  only  authorizes  the  sale  of  such  surveyed  public  lands  in  certain  States  as 
were  valuable  chiefly  for  timber  and  stone  but  unfit  for  cultivation. 
Pierce  v.  Bond,  22  L.  D.  345. 

Lands  chiefly  valuable  for  timber  but  unfit  for  cultivation,  within  the  meaning 
of  this  act,  include  lands  valuable  for  timber  where  the  timber  is  so  extensive  and  so 


STONE  LANDS,  PP.  1308-1333.  1313 

dense  as  to  render  tlie  tract  as  a  whole,  in  its  present  state,  substantially  unfit  for  culti- 
vation, though  they  may  be  made  fit  or  suitable  for  cultivation  by  removing  the 
timber. 

United  States  v.  Budd,  144  U.  S.  154,  p.  166. 

Johnson  v.  Bridal  Veil  Lumbering  Co.,  24  Oreg.  182,  p.  ]85. 

By  this  original  act  and  the  amendatory  act,  lands  chiefly  valuable  for  timber  and 
for  stone  were  made  subject  to  sale  prior  to  a  public  offering,  but  it  was  not  the  making 
of  a  new  classification,  and  if  not  purchased  under  tliis  or  the  amendatory  act  in  ad- 
vance of  their  public  offering  were  then  subject  to  private  cash  entry  the  same  as 
other  public  lands,  and  the  timber  and  stony  character  and  unfitness  for  cultivation 
were  regarded  merely  as  a  circumstance  to  be  considered  in  passing  on  the  good  faith 
of  the  settlement  entry  man. 

Jones  V.  Aztec  Land  &  Cattle  Co.,  34  L.  D.  115,  p.  117. 
See  McKay,  In  re,  8  L.  D.  526. 

Wright  V.  Larson,  7  L.  D.  555. 

Keller  v.  Bullington,  11  L.  D.  140. 

A  claimant  under  this  act  has  the  burden  of  proving  that  the  chief  value  of  land  is 
its  timber. 

Smith  V.  Buckley,  15  L.  D.  321,  p.  324. 
See  United  States  v.  Budd,  144  U.  S.  154. 

In  a  controversy  arising  upon  a  protest  by  a  mineral  claimant  against  an  application 
to  purchase  under  this  act  lands  returned  as  of  little  value  for  agricultural  purposes 
and  chiefly  valuable  for  the  timber  thereon,  the  burden  of  proof  rests  upon  the  mineral 
protestant. 

Purtle  V.  Steffee,  31  L.  D.  400,  p.  401. 

5.   STONE  LANDS — DISPOSAL. 

This  act  is  a  congressional  interpretation  of  the  mining  laws  then  in  force  to  the  ex- 
tent of  holding  that  they  did  not  provide  a  mode  of  disposing  of  land  valuable  chiefly 
for  stone. 

Jacob,  In  re,  7  C.  L.  0.  83,  p.  84. 

Congress  intended  from  the  whole  act  to  provide  a  method  by  which  title  might  be 
acquired  to  land  which  was  unfit  for  cultivation  and  nonmineral  in  character  con- 
taining valuable  deposits  of  stone. 

Andrew  v.  Stuart,  31  L.  D.  264,  p.  266. 

These  acts  place  stone  lands  in  a  class  separate  and  distinct  from  other  mineral  lands 
and  seem  to  indicate  that  the  word  "mineral,"  as  used  in  prior  statutes,  had  a  limited 
definition  and  included  metalliferous  minerals  only. 

Northern  Pac.  R.  Co.  v.  Soderberg,  99  Fed.  506,  p.  507. 
See  Northern  Pac.  R.  Co.  v.  Soderberg,  104  Fed.  425. 

The  term  mineral  is  more  frequently  applied  to  substances  containing  metals,  but 
in  its  proper  sense  includes  all  fossil  bodies  or  matters  dug  out  of  mines,  and  in  this 
sense  beds  of  stone  may  be  included  in  the  word  mineral. 

McGienn  v.  Wienbroeer,  15  L.  D.  370,  p.  373. 
Rosse  V.  Wainman,  14  M.  &  W.  859. 

Stone  taken  from  quarries  is  mineral. 

McGlenn  v.  Wienbroeer,  15  L.  D.  370,  p.  373. 
Micklethwait  v.  Winter,  5  Eng.  Law  &  Eq.  526. 

The  provisions  of  this  section  are  inconsistent  with  the  idea  that  lands  chiefly  val- 
uable for  stone  can  be  located  under  any  mining  law. 
Wheeler  v.  Smith,  5  Wash.  704,  p.  710. 


1314  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


By  this  act  Congress  recognized  the  fact  that  a  stone  quarry  is  not  a  placer  mine. 
Conlin  v.  Kelly,  12  L.  D.  1,  p.  3. 

The  act  of  August  4,  1892  (27  Stat.  348),  did  not  take  building  stone  outside  of  the 
pro\dsions  of  this  statute  or  add  it  to  the  class  of  substances  known  as  mineral,  but  only 
provided  that  lands  chiefly  valuable  for  building  stone  could  be  entered  under  the 
placer  mining  laws. 

Randolph,  In  re,  23  L.  D.  516,  p.  517. 
See  Hayden  v.  Jamison,  24  L.  D.  403. 
Randolph,  In  re,  23  L.  D.  329. 

This  act  in  effect  amends  the  mining  statutes  so  as  to  make  lands  chiefly  valuable 
for  building  stone  subject  to  entry  under  the  placer  mining  laws,  but  it  does  not  dis- 
pense with  the  rule  requiring  the  discovery  and  location,  and  both  must  precede  entry, 
and  when  made  the  claimant  is  protected  in  his  possessory  right  so  long  as  he  com- 
plies with  the  laws  and  the  regulations. 

Randolph,  In  re,  23  L.  D.  329,  p.  330. 

6.   PARTICULAR  KINDS  OF  STONE  INCLUDED. 

Lands  containing  valuable  building  stone  are  subject  to  entry  under  this  act. 
Jamison  v.  Hayden,  15  L.  D.  276,  p.  277. 

The  presence  of  fire  clay  or  even  coal,  timber,  and  stone  lands  is  no  bar  to  entry 
under  this  act. 
Mcintosh  V.  Savage,  16  C.  L.  0.  159. 

Lands  that  are  unfit  for  agriculture  and  chiefly  valuable  for  a  deposit  of  slate  are 
subject  to  entry  under  this  act. 

Parks  V.  Hendsch,  12  L.  D.  100,  p.  101. 

Land  containing  stone  suitable  for  making  lime  may  be  properly  entered  or  pur- 
chased under  the  stone  and  timber  act. 

Shepherd  v.  Bird,  17  L.  D.  82,  p.  84. 
See  Conlin  v.  Kelly,  12  L.  D.  1. 

Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233,  p.  241. 

Land  that  is  rough  and  rocky,  covered  with  bowlders  and  sharp  jutting  ledges  of 
rock,  but  wholly  unfit  for  cultivation  and  containing  a  valuable  ledge  or  quarry  of 
building  granite  of  great  length,  is  subject  to  entry  under  this  act,  when  shown  to  be 
more  valuable  for  its  stone  than  for  agricultural  or  grazing  purposes. 

Mordecai  v.  California,  17  L.  D.  144. 
Jacob,  In  re,  7  C.  L.  O.  83,  p.  84. 

7.   STONE  LANDS  EXCEPTED  FROM  RAILROAD  GRANTS. 

This  statute  defines  the  status  of  mineral  lands  included  within  the  limits  of  the 
grant  to  the  Northern  Pacific  Railroad  Company  and  does  not  include  land  valuable 
chiefly  for  stone. 

Northern  Pacific  R.  Co.  v.  Soderberg,  104  Fed.  425,  pp.  429,  430. 

An  entry  under  this  statute  of  lands  within  the  indemnity  limits  under  the  grant 
to  the  Northern  Pacific  Railroad  Company  which  have  been  withdrawn  and  sus- 
pended from  entry  and  sale  gives  the  entryman  the  beneficial  interest  and  equitable 
title  as  against  the  railroad  company  where  it  had  filed  its  selection  of  land  but  which 
had  not  been  approved  by  the  Secretary  of  the  Interior. 

Hoyt  V.  Weyerhaeuser,  161  Fed.  324,  p.  326. 


STONE  LANDS,  PP.  1308-l:m. 


1315 


8.  APPLICATION  TO  PURCHASE, 
a.  FILING  AND  EFFECT. 

The  procedure  under  this  statute  embraces,  first,  a  statement  verifiied  by  oath  of 
the  character  of  the  lands,  the  right  of  the  applicant  to  enter,  and  the  purpose  of  his 
proposed  entry,  and,  second,  after  notice  a  hearing  either  ex  parte  or  upon  contest 
and  before  allowance  of  the  application  the  statement  must  be  supported  by  satisfac- 
tory proof,  and  such  statement  is  simply  an  initial  paper  upon  which  the  machinery 
of  the  Land  Office  is  to  be  set  in  motion,  and  it  is  not  accepted  as  proof,  nor  does  it 
perform  the  office  of  proof. 

Robnett  v.  United  States,  169  Fed.  778,  p.  782. 

The  mere  filing  of  an  application  to  purchase  under  this  act  confers  upon  the  appli- 
cant no  right  as  against  the  United  States  and  until  he  acquires  a  vested  right  in  the 
land  it  may  be  withdrawn  from  sale. 

United  States  v.  Braddock,  50  Fed.  669,  p.  672. 

The  second  section  of  this  act  permits  a  competent  person  to  file  with  the  register 
of  the  proper  district  a  statement  of  a  tract  of  land  he  desires  to  purchase  and  requires 
him  to  show  that  the  same  is  valuable  chiefly  for  its  timber  or  stone,  is  uninhabitable, 
contains  no  mining  or  other  improvements,  and  contains  no  valuable  deposits  of  gold, 
silver,  cinnabar,  copper,  or  coal. 

United  States  v.  Braddock,  50  Fed.  669,  p.  671. 

The  filing  of  the  preliminary  affidavit  does  not  operate  as  a  complete  segregation  of 
the  tract  from  the  public  lands. 
Smith  V.  Martin,  2  L.  D.  33. 

An  applicant  for  land  under  this  act  has  the  burden  of  establishing  the  fact  that 
the  land  was  of  the  character  mentioned  at  the  date  of  the  hearing. 

Smith  V.  Buckley,  15  L.  D.  321,  p.  322. 
See  Hughes  v.  Tipton,  2  L.  D.  334. 

No  vested  right  is  acquired  by  an  application  to  purchase  land  either  for  the  timber 
or  stone  until  the  final  proofs  have  been  passed  upon  and  approved  by  the  Land 
Department. 

Board  of  Control,  Canal  No.  3  v.  Torrence,  32  L.  D.  472,  p.  474. 

See  Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  p.  311. 

Under  this  statute  an  application  to  purchase  and  the  payment  of  the  purchase 
money  for  such  land  is  equivalent  to  entry,  and  no  rights  are  secured  prior  to  such 
application  and  payment. 

Randolph,  In  re,  23  L.  D.  329,  p.  330. 
See  Hayden  v.  Jamison,  24  L.  D.  404. 
Randolph,  In  re,  23  L.  D.  516. 

b.  MINERAL  LANDS  NOT  SUBJECT  TO  PURCHASE. 

If  land  applied  to  be  purchased  under  this  act  is  known  to  be  chiefly  valuable 
for  mineral  it  contains,  it  is  no  more  subject  to  a  timber  and  stone  application  than  to 
the  State  selection. 

McFarland  v.  Idaho,  32  L.  D.  107,  p.  109. 

This  act  expressly  excludes  land  containing  gold,  silver,  cinnabar,  copper,  or  coal. 
Mcintosh  V.  Savage,  16  C.  L.  O.  159. 

By  the  express  provisions  of  this  section  the  mineral  lands,  in  the  broadest  sense 
of  that  term,  are  excluded  from  the  provisions  of  the  chapter. 
Instructions— Timber  Cutting,  In  re,  1  L.  D.  600,  p.  601. 


1316  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


The  exception  of  mineral  lands  in  the  grants  made  by  Congress  are  held  to  apply 
only  to  such  lands  as  were  at  the  time  of  the  grant  known  to  be  so  valuable  for  min- 
erals as  to  justify  the  expenditure  of  labor  or  money  for  their  extraction. 

United  States  v.  Plowman,  216  U.  S.  372,  p.  374. 

Prior  to  this  enactment  any  public  lands  not  excepted  by  law  because  of  their 
valuable  mineral  deposits,  salt,  or  salines  in  general  were  not  subject  to  disposal 
otherwise  than  under  the  preemption  and  homestead  laws  until  after  a  public  cash 
offering. 

Jones  V.  Aztec  Land  &  Cattle  Co.,  34  L.  D.  115,  p.  116. 

The  question  as  to  whether  lands  within  a  timberland  entry  embraces  land  of  known 
mineral  character  must  be  determined  at  the  date  of  the  purchase  and  on  the  subse- 
quent developments. 

Chormicle  v.  Hiller,  26  L.  D.  9,  p.  14. 

This  statute  mentions  both  classes  of  minerals,  and  the  metalliferous  and  nonmetal- 
liferous  are  associated  together  and  placed  upon  an  equality,  and  both  are  necessarily 
included  in  the  term  mining  claim. 

Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233,  p.  240. 

Land  embraced  in  a  patent  issued  on  a  timber  and  stone  entry  is  not  subject  to  entry 
under  the  mining  laws,  nothwithstanding  the  fact  that  the  area  so  patented  was  em- 
braced in  valid  and  subsisting  mining  locations  at  the  date  of  such  timber  and  stone 
entry,  and  at  that  date  known  to  be  chiefly  valuable  for  mineral,  though  the  patent 
under  the  timber  and  stone  entry  might  be  vacated  for  fraud. 

Robbins,  In  re,  42  L.  D.  481,  p.  484. 

C.  SHOWING  AS  TO  MINERAL  CHARACTER  OP  LAND. 

The  rights  limited  by  this  act  and  by  the  amended  act  can  not  defeat  or  impair  any 
bona  fide  claim  under  any  law  of  the  United  States,  nor  authorize  the  sale  of  any 
mining  claim,  but  an  application  for  purchase  must  show  that  the  land  applied  for 
contains  no  mining  or  other  improvements  except  of  a  certain  designated  kind. 

Manners  Construction  Co.  v.  Rees,  31  L.  D.  408,  p.  410. 

Where  it  is  not  shown  that  prospecting  had  resulted  in  the  finding  of  mineral  of  such 
character  and  value  as  to  justify  the  expenditure  of  money  and  labor  in  extracting 
it,  nor  that  the  indications  of  mineral  were  such  that  a  person  of  ordinary  prudence 
would  be  justified  in  the  expenditure  of  his  labor  and  means  with  a  reasonable  prospect 
of  success  in  developing  a  mine,  and  in  the  absence  of  a  showing  that  the  land  is 
mineral  in  character,  the  fact  that  mining  locations  made  were  abandoned  after  im- 
provements had  been  made  thereon  raises  a  presumption  that  the  land  does  not  con- 
tain mineral  in  paying  quantities. 

Andrew  v.  Stuart,  31  L.  D.  264,  p.  265. 

Old  excavations  or  unoccupied  cabins  upon  abandoned  mineral  locations  are  not 
such  mining  or  other  improvements  as  except  the  land  on  which  they  are  located 
from  purchase  under  the  provision  of  this  act  and  the  amendment. 

Andrew  v.  Stuart,  31  L.  D.  264,  p.  265. 
See  Chormicle  v.  Hiller,  26  L.  D.  9. 

This  act  must  be  given  a  reasonable  construction,  and  where  it  appears  that  a  mineral 
location  is  based  upon  a  discovery,  within  its  limits,  of  a  vein  or  lode  of  quartz-bearing 
copper  and  gold,  and  located  in  a  mineralized  belt,  and  where  some  considerable 
work  has  been  done  on  the  claim  and  the  indications  are  such  as  would  justify  a  man 


STONE  LANDS,  PP.  1308-1333. 


1317 


of  ordinary  prudence  in  expending;  time  and  labor  in  developinj^  the  same  with  a 
reasonable  expectation  of  finding  a  valuable  mine,  this  constitutes  a  mining  claim 
within  the  meaning  of  the  proviso  of  this  act. 
Michie  v.  Gothberg,  30  L.  D.  407,  p.  409. 

The  proviso  of  this  act  which  says  that  nothing  contained  herein  shall  authorize 
the  sale  of  any  mining  claim  previous  to  entry  and  purchase  of  a  40-acre  tract  of  land 
chiefly  valuable  for  stone  will  not  be  permitted  to  include  a  mining  location  thereon 
having  for  its  basis  the  discovery  within  its  limits  of  a  vein  or  lode  of  quartz  bearing 
copper  and  gold  and  where  the  making  of  such  location,  the  sinking  of  a  cut  or  shaft 
in  compliance  with  the  statute  of  Wyoming,  and  the  discovery  of  a  lode  or  vein  of  min- 
eral thereon  were  all  prior  to  the  date  of  the  application  to  purchase  and  where  the 
intervening  time  between  the  date  of  such  location  and  the  filing  of  the  application 
to  purchase  was  not  sufficient  to  afford  the  mineral  locator  a  reasonable  opportunity 
to  develop  his  claim  and  to  ascertain  the  certainty  and  extent  or  value  of  the  mineral 
deposit  thereon. 

Michie  v.  Gothberg,  30  L.  D.  407,  p.  409. 

It  seems  that  under  this  statute  abandoned  mining  claims  are  subject  to  entry,  not- 
withstanding the  presence  of  abandoned  mining  improvements,  if  the  land  on  which 
they  are  situated  is  not  segregated  by  an  existing  location  of  entry. 

Chormicle  v.  Hiller,  26  L.  D.  9,  p.  14. 

No  general  rule  can  be  given  as  to  what  will  give  notice  of  mineral  character  to  parties 
seeking  to  enter  under  mineral  laws  land  which  at  one  time  may  have  been  regarded 
as  mineral,  and  worked  for  mineral  deposits,  and  the  fact  that  such  lands  may  have 
been  at  some  former  time  worked  for  mineral  will  not  defeat  an  entry  under  this 
statute,  which  is  other^vise  legal. 

Chormicle  v.  Hiller,  26  L.  D.  9,  p.  14. 

Where  a  reasonable  opportunity  for  the  development  of  mineral  actually  discovered 
and  located  has  not  been  given  between  the  time  of  the  mineral  location  and  an  appli- 
cation to  purchase  under  this  act,  a  reasonable  opportunity  should  be  given  for  the 
development  of  mineral. 

Purtle  V.  Steffee,  31  L.  D.  400,  p.  403. 
See  Michie  v.  Gothberg,  30  L.  D.  407. 

While  the  statute  provides  that  the  applicant  must  show  that  such  timber  land  con- 
tains no  mining  or  other  improvements,  yet  this  is  not  intended  to  include  as  mining 
improvements  old  excavations  made  with  a  view  to  mining,  as  Congress  only  intended 
to  include  mining  improvements  upon  mining  claims  that  were  alive  and  subsisting 
at  the  time. 

Chormicle  v.  Hiller,  26  L.  D.  9,  p.  14. 

d.   SHOWING  AS  TO  GOOD  FAITH. 

An  applicant  under  this  statute  must  file  with  the  register  a  statement  under  oath 
to  the  effect  that  he,  in  good  faith,  is  making  the  purchase  for  his  own  exclusive  use 
and  benefit  and  not  directly  or  indirectly  for  another,  and  60  days'  notice  of  the  appli- 
cation is  required,  and  an  entry  is  not  made  until  all  of  the  requirements  of  the  act 
have  been  complied  with. 

United  States  v.  Brvan,  29  L.  D.  149,  p.  151. 
See  Shepherd  v.  Bird,  17  L.  D.  82. 

United  States  v.  Bailey,  17  L.  D.  468. 

United  States  v.  Searles,  19  L.  D.  258,  p.  265. 


1318  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Under  this  act  deception  in  the  final  proof  can  not  be  established  as  tending  to 
show  fraudulent  motive  in  the  original  application. 

United  States  v.  Kettenbach,  175  Fed.  463,  p.  467. 
See  United  States  v.  Kettenbach,  208  Fed.  p.  209. 

e.  REGULATIONS  AS  TO  SHOWING  OF  CHARACTER  OP  LAND. 

The  regulations  require  an  applicant  for  a  timber  and  stone  entry  to  state  under 
oath  that  he  is  well  acquainted  with  the  character  of  the  land,  with  all  the  legal  sub- 
divisions thereof,  and  that  there  is  not  to  his  knowledge  any  vein  or  lode  of  quartz 
or  other  rock  in  place  bearing  mineral  or  deposits  of  coal  or  any  placer  cement,  gravel, 
or  other  valuable  mineral  deposit,  and  that  no  portion  of  the  land  is  claimed  for  mining 
purposes,  nor  has  any  part  been  worked  for  mineral  during  any  part  of  the  year,  and 
that  the  land  is  essentially  nonmlneral,  and  that  his  application  is  not  made  for  the 
purpose  of  fraudulently  obtaining  title  to  mineral  lands. 

Bigelow,  In  re,  20  L.  D.  6,  p.  7. 

There  is  no  authority  by  which  the  department  may  extend  the  time  in  which 
proof  and  payment  may  be  made  for  land  offered  under  this  act  and  the  amendment 
thereto. 

True,  In  re,  26  L.  D.  529. 

f.   VERIFICATION  BY  OATH  OF  APPLICANT — BASIS  OF  KNOWLEDGE. 

This  section  requires  statements  to  be  verified  by  the  oath  of  the  applicant  before 
the  register  or  receiver  of  the  land  office  ^vithin  the  district  where  the  land  is  situated. 
United  States  v.  Eddy,  134  Fed.  114,  p.  119. 

An  applicant  for  the  purchase  of  timber  lands  under  this  statute  must  show  by  affi- 
davit that  it  is  unfit  for  cultivation  and  valuable  chiefly  for  timber,  and  such  affi- 
davit may  be  predicated  upon  information  and  belief,  and  is  not  required  to  be  made 
upon  a  personal  investigation  or  inspection  of  the  land. 

Hoover  v.  Sailing,  110  Fed.  43,  p.  46. 

Reversing  Hoover  v.  Sailing,  102  Fed.  716,  p.  719. 

This  section  does  not  require  the  applicant  for  land  to  show  in  his  sworn  statement 
that  he  has  personally  examined  the  land  applied  for  and  that  from  his  personal 
knowledge  it  is  unfit  for  cultivation,  uninhabited,  and  valuable  chiefly  for  its  timber. 

Kobnett  v.  United  States,  169  Fed.  778,  p.  781. 
Williamson  v.  United  States,  207  U.  S.  425. 

The  courts  take  judicial  notice  of  the  qualifications  of  a  receiver  of  a  land  office  to 
administer  oaths. 

United  States  v.  Eddy,  134  Fed.  114,  p.  119. 

g.  QUANTITY  OF  LAND  PURCHASABLE. 

This  act  provides  that  timber  lands  may  be  sold  to  citizens  in  quantities  not  excee 
ing  160  acres  to  any  one  person  or  association  of  persons,  and  a  person  can  not  justify 
the  cutting  of  timber  on  the  public  domain  by  claiming  he  had  purchased  more  than 
160  acres. 

Teller  v.  United  States,  113  Fed.  273,  p.  276. 

h.  NOTICE — POSTING  AND  PUBLISHING. 

Section  3  provides  that  upon  filing  the  statement  mentioned  in  the  prior  section  the 
local  land  officer  must  post  notice  of  the  application  and  the  applicant  must  publish 
a  copy  of  such  notice,  and  at  the  expiration  of  60  days  on  proof  of  publication  of  cer- 
tain enumerated  facts  the  applicant  shall,  upon  payment  of  the  required  amount, 


STONE  LANDS,  PP.  i:w>8-i;}:}3. 


1819 


be  entitled  to  a  patent,  but  this  section  omits  tlio  rcqnirementof  any  statement  regard- 
ing a  speculative  purpose  on  the  part  of  the  applicant,  his  bona  fides,  and  his  intention 
to  acquire  the  land  for  himself  alone,  and  he  is  not  required  to  reiterate  at  the  final 
healing  his  purpose  in  acquiring  title  to  the  land,  and  this  follows  under  the  elementary- 
rule  that  the  inclusion  of  one  is  the  exclusion  of  others  and  the  reexacting  of  a  portion 
only  of  the  requirements  is  equivalent  to  an  express  declaration  that  none  of  the 
requirements  can  be  exacted. 

Williamson  v.  United  States,  207  U.  S.  425,  p.  459. 
See  Robnett  v.  United  States,  169  Fed.  778,  p.  781. 
United  States  v.  Kettenbach,  175  Fed.  463,  p.  468. 

The  purpose  of  posting  and  publishing  notice  as  required  by  section  3  is  to  give 
notice  of  application  to  purchase  and  an  opportunity  for  adverse  claimants  to  assert 
their  claim. 

Chormicle  v.  Hiller,  26  L.  D.  9,  p.  15. 

i.   ENTRY  BASED  ON  FALSE  AFFIDAVIT  EFFECT. 

A  decision  of  the  Secretary  of  the  Interior  directing  certain  entries  under  this  act 
to  be  passed  to  patent  is  not  conclusive  where  such  decision  is  based  upon  ex  parte 
affidavits  of  the  entryman  which  were  false,  and  known  to  be  so  by  the  agent  and  rep- 
resentative of  the  patentee,  and  where  it  also  appears  that  one  of  the  special  agents 
making  the  investigation  as  to  the  entries  was  corrupted  by  the  agent  of  the  patentee. 

United  States  v.  Smith,  181  Fed.  545,  p.  552. 

j.  VERIFICATION — PERJURY — EFFECT. 

By  this  act  a  purchaser  of  surveyed  public  lands  in  California,  Nevada,  Oregon,  and 
Washington,  valued  chiefly  for  stone,  must  swear  in  his  application  that  he  does  not 
seek  to  purchase  the  same  on  speculation,  but  in  good  faith  for  his  own  exclusive  use 
and  benefit,  and  that  he  has  not,  directly  or  indirectly,  made  any  agreement  or  con- 
tract with  another  by  which  the  title  he  may  acquire  is  to  inure  to  such  other  person. 
Any  false  swearing  in  tnis  respect  subjects  the  purchaser  to  all  the  penalties  of  perjury 
and  forfeits  the  purchase  price  of  the  lands. 

Hawley  v.  Diller,  178  U.  S.  476,  p.  484. 

An  applicant  who  swears  falsely  is  subject  to  the  penalties  of  perjury  and  may  be 
required  to  forfeit  the  money  paid  for  the  land,  and  all  rights  and  title  thereto,  and 
the  rule  as  to  forfeiture  applies  to  the  original  entryman  and  to  the  transferees  of  such 
entryman. 

United  States  v.  Miller,  14  L.  D.  617,  p.  619. 

The  facts  stated  in  a  verified  application  for  a  land  entry  under  this  act  must  not 
only  be  true  when  made,  but  must  also  be  true  when  the  land  is  paid  for,  and  the  cer- 
tificate of  purchase  or  the  receiver's  receipt  issued  that  the  person  entering  the  land 
is  not  then  under  agreement,  either  express  or  implied,  to  convey  such  land  to  another. 

United  States  v.  Brace,  149  Fed.  869,  p.  873. 

In  a  charge  of  false  swearing  under  this  section  it  is  necessary  to  allege  that  the  act 
of  swearing  falsely  was  willfully  done. 
United  States  v.  Eddy,  134  Fed.  114,  p.  116. 

A  person  who  induces  another  to  make  a  verified  application  for  the  purchase  of 
timberlands  under  this  act,  and  to  make  a  false  oath  at  the  time  of  the  final  entry  as 
to  the  good  faith  of  such  applicant,  is  guilty  of  subornation  of  perjury. 

United  States  v.  Brace,  149  Fed.  869,  p.  871. 
See  United  Staies  v.  Budd,  144  U.  S.  154. 


1320  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


k.  REGISTER  TO  FURNISH  FINAL  PROOF  OP  NOTICE — PUBLICATION. 

Under  this  act  the  register  is  required  to  furnish  a  stone  applicant  a  copy  of  the  final- 
proof  notice,  but  the  applicant  himself  shall  cause  such  notice  to  be  published  for  the 
necessary  length  of  time  in  the  proper  newspaper,  but  an  applicant  is  not  in  default 
for  failure  to  submit  proof  when  he  had  no  knowledge  that  such  notice  had  been  given. 

Wells,  In  re,  33  L.  D.  365. 

1.  CONSPIRACY  TO  PURCHASE — EFFECT. 

An  agreement  to  acquire  title  to  timberland  by  procuring  persons  to  make  applica- 
tion for  the  land  under  this  act,  and  the  prociu-ing  of  a  large  number  of  persons  pursuant 
to  the  agreement  to  make  application  for  entries,  the  entire  expenses  being  paid  by 
the  parties  to  the  agreement,  and  each  applicant  to  be  paid  a  certain  stated  amount 
for  his  trouble,  is  sufficient  to  show  that  all  such  entries  were  fraudulent,  and  that  one 
of  the  applicants  took  the  land  for  his  own  use  and  benefit,  even  though  no  express 
agreement  was  made  with  the  several  applicants  that  the  entries  should  be  made  for 
the  use  and  benefit  of  another. 

United  States  v.  Smith,  181  Fed.  545,  p.  549. 

The  crime  of  conspiracy  is  consummated  when  the  false  swearing  in  the  applica- 
tion for  the  land  under  the  timber  and  stone  act  was  done,  and  the  prohibition  of  the 
statute  applies  only  to  the  condition  of  things  existing  at  that  time;  and  affidavits  sub- 
sequently filed  in  the  Land  Department,  though  false,  are  not  admissible  to  show 
motive  at  the  time  of  the  application. 

Williamson  v.  United  States,  207  U.  S.  425. 
United  States  v.  Biggs,  211  U.  S.  507. 
Dwinnell  v.  United  States,  186  Fed.  754,  p.  759. 

In  an  indictment  for  conspiracy  under  this  statute  it  is  immaterial  that  the  precise 
piece  or  pieces  of  land  to  be  acquired  should  have  been  agreed  upon  by  the  alleged 
conspirators  at  the  time  of  the  formation  of  the  conspiracy,  and  it  is  not  essential  that 
the  identity  of  the  persons  to  be  suborned,  or  the  particular  time  and  place  of  the 
subornation,  be  alleged. 

Williamson  v.  United  States,  207  U.  S.  425. 
Gwinnell  v.  United  States,  186  Fed.  754,  p.  758. 

The  failure  or  inability  of  the  United  States  to  prove  in  a  criminal  case  that  the 
defendant  had  been  guilty  of  a  crime  under  this  act  neither  forfeits  its  right  of  property 
in  the  timber  cut  or  its  right  to  maintain  a  civil  suit  to  recover  the  value  of  such 
property. 

Stone  V.  United  States,  167  U.  S.  178,  p.  189. 

m.  PRIOR  AGREEMENT  OF  APPLICANT  TO  SELL — EFFECT, 

This  act  does  not  in  any  respect  limit  the  dominion  which  the  purchaser  has  over 
land  after  it  is  purchased  from  the  Government,  or  restrict  the  power  of  alienation, 
but  it  only  denounces  any  prior  agreement  or  understanding,  and  the  acting  for  another 
in  the  purchase. 

United  States  v.  Budd,  144  U.  S.  154,  p.  163. 
Williamson  v.  United  States,  207  U.  S.  425. 
United  States  v.  Brace,  149  Fed.  869,  p.  874. 
United  States  v.  Barber  Lumber  Co.,  172  Fed.  948. 
United  States  v.  Kettenbach,  175  Fed.  463. 
United  States  v.  Wells,  192  Fed.  870,  p.  873. 
United  States  v.  Kettenbach,  208  Fed.  209,  p.  214. 

This  statute  prohibits  a  prior  agreement  to  the  effect  that  the  title  or  any  part  thereof 
which  the  piurchaser  should  acquire  should  be  conveyed  to  another,  and  does  not 


STONE  LANDS,  PP.  ITOS-t.m 


1821 


permit  land  to  be  acquired  on  spo(*ulatioii  for  the  use  or  benefit  of  another;  but  it 
permits  any  citizen  to  purchase  hind  for  his  own  exchisive  use,  though  he  may  at  the 
time  have  in  contemplation  a  future  sale  of  the  same  for  profit. 
United  States  v.  Budd,  144  U.  S.  154, 

United  SUites  v.  Detroit  Timber  &  Lumber  Co.,  131  Fed.  668,  p.  674. 
Olson  V.  United  Stiites,  133  Fed.  849,  p.  852. 
United  States  v.  Brace,  149  Fed.  869,  p.  872. 

This  act  does  not  forbid  an  entryman  from  alienating  his  interest  in  his  claim,  but 
makes  illegal  any  prior  agreement  by  which  an  entryman  acts  for  another  in  the  pur- 
chase. 

Worden  v.  United  States,  204  Fed.  1,  p.  4. 

n.  CONTRACT  OP  SALE  AFTER  APPLICATION — VALIDITY. 

The  fact  that  an  applicant  for  a  patent  to  land  entered  by  him  has,  pending  the 
publication  of  notice  of  the  final  hearing,  contracted  to  convey  after  the  receipt  of 
such  patent  his  rights  in  the  land  does  not  operate  to  forfeit  such  rights  where  he  has 
in  good  faith  complied  with  the  requirements  of  this  section  of  the  statute. 

Williamson  v.  United  States,  207  U.  S.  425,  p.  460. 
See  United  States  v.  Biggs,  211  U.  S.  507,  p.  519. 
Adams  v.  Church,  193  U.  S.  510. 

This  statute  does  not  limit  the  dominion  which  the  purchaser  has  over  the  land  after 
it  is  purchased  from  the  Government  or  restrict  in  the  slightest  his  power  of  alienation. 

Olson  V.  United  States,  133  Fed.  849,  p.  852. 
United  States  v.  Budd,  144  U.  S.  154. 

An  applicant  for  the  purchase  of  timberlands  has,  after  his  initial  application  and 
before  final  proof,  the  right  to  contract  to  sell  the  title  thereafter  to  be  acquired  and 
the  intending  purchaser  may  lawfully  advance  to  him  the  money  with  which  to  make 
final  proof. 

Williamson  v.  United  States,  207  U.  S.  425. 
United  States  v.  Biggs,  211  U.  S.  507. 
United  States  v.  Barber  Lumber  Co.,  172  Fed.  948. 
United  States  v.  Kettenbach,  175  Fed.  463,  p.  464. 

Under  this  statute  it  is  lawful  for  one  desiring  to  acquire  title  to  timberland  to 
make  known  his  willingness  to  buy  the  same  at  an  advance  over  the  Government 
price,  and  another  person  knowing  such  fact  may  make  an  entry  with  the  expectation 
of  selling  to  such  intending  purchaser,  and  an  entryman  may,  at  any  time  after  his 
application,  contract  to  sell  to  another  and  the  transaction  is  not  illegal  if  there  has 
been  nothing  further  in  the  way  of  communication,  contract,  or  agreement  between 
the  parties. 

United  States  v.  Barber  Lumber  Co.,  172  Fed.  948,  p.  960. 

Under  this  act  an  applicant,  after  making  his  preliminary  sworn  statement  con- 
cerning his  bona  fides  and  the  absence  of  any  agreement  with  other  persons  in  respect 
to  the  title,  is  not  required  on  his  final  proof  to  repeat  his  bona  fides  or  the  absence  of 
any  agreement  with  others  in  relation  to  the  title  of  the  land,  and  an  indictment  for 
perjury  can  not  be  based  upon  such  an  afiidavit. 

Williamson  v.  United  States,  207  U.  S.  425,  p.  455. 
See  United  States  v.  Biggs,  211  U.  S.  507,  p.  520. 

United  States  v.  Maid,  116  Fed.  650,  p.  652. 

Robnett  v.  United  States,  169  Fed.  778,  p.  781. 

O.   BONA  FIDE  PURCHASER  FROM  ENTRYMAN — TITLE. 

A  person  with  knowledge  of  fraudulent  entries  of  land  under  this  act  can  not  be  a 
bona  fide  purchaser  of  such  lands;  neither  can  a  corporation  formed  by  him,  and  the 
56974°— Bull.  94,  pt  2—15  32 


1322  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Stock  of  which  is  owned  by  himself  and  the  members  of  his  family,  and  an  action  to 
cancel  the  patents  issued  upon  such  fraudulent  entries  is  not  barred  as  against  such  a 
corporation,  though  it  is  not  made  a  party  to  the  action  until  after  the  expiration  of 
six  years. 

United  States  v.  Smith,  181  Fed.  545,  p.  554. 

Under  this  statute  a  person  making  an  entry  of  lands  valuable  chiefly  for  stone, 
acquires  only  an  equity  and  his  vendee  of  such  equitable  title  can  not  be  regarded 
as  a  bona  fide  purchaser  within  the  meaning  of  the  statute,  as  a  bona  fide  purchaser 
can  only  be  such  after  the  Government  by  its  patent  has  parted  with  the  legal  title. 

Hawley  v.  Diller,  178  U.  S.  476,  pp.  485,  486. 
Affirming  Diller  v.  Hawley,  81  Fed.  651,  p.  655. 

9.  AGRICULTURAL  SETTLEMENT  ON  STONE  LANDS. 

A  settlement  for  agricultural  purposes  on  lands  chiefly  valuable  for  timber  and  stone 
which  are  unfit  for  ordinary  purposes  must  be  carefully  scrutinized,  as  the  exception 
in  the  statute  is  in  favor  of  bona  fide  settlers. 

Wright  V.  Larson,  7  L.  D.  555,  p.  556. 
Montayo  v.  Trujillo,  25  L.  D.  475,  p.  477. 
McKay,  In  re,  8  L.  D.  526. 

The  fact  that  when  an  application  for  a  mining  claim  was  located  a  homestead  entry 
was  of  record  and  uncanceled  does  not  of  itself  affect  the  validity  of  such  location,  as 
no  vested  right  to  the  land  had  attached  under  the  entry,  and  until  such  right  should 
attach  the  lands  belong  to  the  United  States,  and  if  mineral  in  character  are  subject 
to  location  and  purchase  under  the  mining  laws. 

Manners  Construction  Co.  v.  Rees,  31  L.  D.  408,  p.  410. 

10.  AGRICULTURAL  ENTRY  NOT  PERMITTED  UNDER  THIS  ACT. 

Lands  in  fact  mineral  are  not  subject  to  agricultural  entry,  but  are  open  to  mining 
location  and  subject  to  the  provisions  of  this  act. 

Bunker  Hill,  etc.,  Min    etc.,  Co.  v.  United  States,  226  U.  S.  548,  p.  549. 

^\^lere  a  tract  of  land  is  in  fact  mineral  in  character,  the  title,  together  with  the  tim- 
ber thereon,  may  be  acquired  under  the  mining  law;  but  if  the  tract  is  vacant  and  non- 
mineral,  valuable  chiefly  for  its  timber  but  unfit  for  cultivation  and  contains  no  mining 
or  other  improvement,  it  may  be  purchased  upon  the  conditions  imposed  by  this  act. 

Gallagher  v.  Gray,  35  L.  D.  90,  p.  91. 

11.  FORFEITURE  OR  CANCELLATION  OF  ENTRY. 

Lands  regularly  entered  as  chiefly  valuable  for  timber  and  stone  can  not  be  for- 
feited in  the  hands  of  a  bona  fide  purchaser. 

Hawley  v.  Diller,  75  Fed.  946. 
See  Diller  v.  Hawley,  81  Fed.  651. 

The  Land  Department  may  cancel  an  entry  made  under  this  statute  when  the  proof 
shows  that  the  same  was  fraudulently  made. 

Diller  v.  Hawley,  81  Fed.  651.  ~ 
Overruling  Hawley  v.  Diller,  75  Fed.  946. 

12.  RECOVERY  OF  MONEY  ON  CANCELLATION  OF  ENTRY. 

An  entryman  under  this  statute  can  not  recover  the  money  paid  by  him  on  making 
the  entry  where  the  entry  has  been  canceled  on  the  ground  of  fraud  and  false  swearing. 
Emmons  v.  United  States,  175  Fed.  514,  p.  516. 


STONE  LANDS,  PP.  1308-1333. 


1323 


A  cancellation  of  timber  and  stone  entries  made  at  a  hearinij:  before  tlie  f'ommis- 
sioner  of  the  General  l>and  Oflice,  on  account  of  false  swearing  and  fraud  upon  tin;  i)art 
of  the  entryman,  is  an  adjudication  of  a  fact  and  is  not  subject  to  attack  in  a  collateral 
proceeding. 

Emmons  v.  United  States,  175  Fed.  514,  p.  516. 

An  entryman  under  this  statute  whose  entry  has  been  canceled  at  a  hearing  duly 
had  before  the  Commissioner  of  the  Genenal  Land  Office  on  the  ground  of  fraud  and 
false  swearing  can  not,  in  an  action  by  him  to  recover  the  money  paid  on  such  entry, 
claim  that  he  has  not  had  his  day  in  court  within  the  constitutional  provision,  as  the 
statute  under  which  the  entry  is  made  is  both  a  contract  and  a  law,  and  he  proceeds 
with  notice  that  if  he  take  a  false  oath  with  reference  to  his  entry  he  can  not  obtain  the 
land  nor  recover  back  his  money,  and  the  judgment  of  the  Land  Department  is  con- 
clusive on  this  question. 

Emmons  v.  United  States,  175  Fed.  514,  p.  516.  • 

This  statute  imposes  upon  a  claimant  one  condition  that  he  shall  be  subject  to  the 
pains  and  penalties  of  perjury,  and  another  that  he  shall  forfeit  the  money  paid  for  the 
land;  but  each  condition  is  separate  and  distinct  and  neither  depends  upon  the  other, 
and  in  a  proper  case  the  party  may  be  subject  to  either  penalty  or  in  other  cases  a 
party  may  suffer  the  penalty  of  both  conditions. 

Emmons  v.  United  States,  175  Fed.  514,  p.  516. 

13.  PATENT — CANCELLATION. 

A  patent  to  timber  and  stone  lands  under  this  act  can  not  be  canceled  where  the 
entryman  or  patentee  concealed  from  the  land  officers  immaterial  facts  in  order  to 
obtain  the  patent  to  the  receipt  of  which  he  is  undoubtedly  entitled . 

United  States  v.  Kettenbach,  175  Fed.  463,  p.  465. 

Reversed  in  part  in  United  States  v.  Kettenbach,  208  Fed.  209. 

Patents  issued  under  this  act  may  be  set  aside  and  canceled  for  fraud  in  the  patentee 
in  conspiring  to  purchase  entries  pursuant  to  an  agreement  to  transfer  the  title  to 
persons  not  bona  fide  purchasers  for  value. 

United  States  v.  Kettenbach,  208  Fed.  209,  p.  213. 

14.  STATE  SELECTIONS — BASIS. 

This  act  shows  that  Congress  supposed  stone  lands  to  be  selectable  by  a  State,  and 
debars  the  taking  up  of  deposits  of  stone  in  any  land  selected  by  a  State;  and  the  affi- 
davit required  of  the  claimant  by  the  second  section  is  substantially  the  usual  affi- 
davit which  is  required  to  be  made  by  all  entrymen  of  agricultural  lands  to  the  effect 
that  the  land  is  nonmineral  and  is  not  sought  to  be  entered  for  speculation. 

Wheeler  v.  Smith,  5  Wash.  704,  p.  709. 

It  is  essential  to  the  State's  claimed  right  of  indemnity  selection  that  lands  intended 
to  be  used  as  the  basis  therefor  shall  have  been  lost  to  the  State  by  reason  of  their 
mineral  or  saline  character  or  otherwise  reserved  from  the  State's  grant;  but  unless 
they  were  known  to  be  mineral  or  saline  in  character  at  the  time  of  survey,  they  were 
not  lost  to  the  State  but  passed  to  it  under  its  grant,  and  no  indemnity  can  be  obtained 
therefor. 

Bond  V.  California,  31  L.  D.  34,  p.  36. 

15.  REGULATIONS  BY  SECRETARY. 

While  this  section  provides  that  effect  shall  be  given  to  the  provisions  of  this  statute 
by  regulations  to  be  prescribed  by  the  Commissioner  of  the  General  Land  Office,  yet 


1324  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


this  power  can  be  construed  only  as  authorizing  the  Commissioner  to  adopt  rules  and 
regulations  for  the  enforcement  of  the  act  and  not  such  as  are  destructive  of  the  rights 
conferred  by  the  statute,  and  such  rules  and  regulations  can  not  go  beyond  the  re- 
quirements of  the  act  itself. 

Williamson  v.  United  States,  207  U.  S.  425,  p.  462. 
Robnett  v.  United  States,  169  Fed.  778,  p.  781. 

The  regulations  adopted  by  the  Secretary  of  the  Interior  under  this  statute  contem- 
plate that  a  record  shall  be  kept  by  persons  engaged  in  operating  sawmills  or  those 
who  are  engaged  in  felling  timber  on  mineral  lands  and  cutting  it  into  some  form 
suitable  for  building,  agriculture,  mining,  or  other  domestic  uses,  and  it  can  not  apply 
to  individual  ranchmen  who  cut  timber  on  mineral  lands  for  their  own  use  and  who 
cut  a  small  quantity  and  sell  it  to  a  neighbor  for  their  domestic  purposes. 

United  States  v.  Price  Trading  Co.,  109  Fed.  239,  p.  245. 
See  Stubbs  v.  Unit^  States,  111  Fed.  366,  p.  368. 

United  States  v.  Mullan  Fuel  Co.,  118  Fed.  663,  p.  666. 

16.  CUTTING  OF  TIMBER, 
a.  CONSTRUCTION  AND  MEANING  OF  ACT. 

Section  4  is  construed  as  though  it  read  thus:  ''that  after  the  passage  of  this  act  it 
shall  be  unlawful  to  wantonly  destroy,  cut,  or  cause  or  procure  to  be  cut,  any  timber 
growing  on  any  lands  of  the  United  States,  in  said  States  or  Territories,  or  remove,  or 
cause  to  be  removed, any  timber  from  said  public  lands,  with  intent  to  export  or  dis- 
pose of  the  same,"  and  the  proviso  to  the  section  is  not  inconsistent  with  this  interpre- 
tation. 

United  States  v.  Hacker,  73  Fed.  292,  p.  293. 

See  English  v.  United  States,  116  Fed.  625,  p.  626. 

The  cutting  of  timber  upon  mineral  lands  in  California  is  governed  by  this  statute, 
and  not  by  the  general  provisions  of  the  act  of  June  3,  1878  (20  Stat.  88). 
United  States  v.  Benjamin,  21  Fed.  285,  p.  287. 

b.  PURPOSES  FOR  WHICH  TIMBER  MAY  BE  CUT. 

The  proviso  of  this  section  is  a  specification  of  the  purposes  for  which  timber  may  be 
lawfully  cut  or  removed  and  expressly  legalizes  some  acts  both  of  removal  and  cut- 
ting which  would  otherwise  be  forbidden  by  the  body  of  the  act  and  relate  to  the 
removal  as  well  as  to  the  cutting  of  the  timber. 

United  States  v.  Hacker,  73  Fed.  292,  pp.  293,  295. 

The  proviso  of  section  4  limits  the  scope  of  the  words  "with  intent  to  export  or  dis- 
pose of  the  same,"  by  making  it  lawful  for  a  miner  or  homestead  settler  to  cut  timber 
from  such  land  even  though  with  intent  at  the  time  to  sell  it,  provided  the  cutting  be 
done  in  the  necessary  preparation  of  the  land  for  the  use  for  which  it  was  intended. 

United  States  v.  Hacker,  73  Fed.  292,  p.  295. 

The  overt  acts  to  which  this  act  relates  are  the  cutting  of  timber,  the  destruction  of 
timber,  and  the  removal  of  timber;  and  the  statement  of  the  intent  to  export  or  dis- 
pose of  such  timber  concludes  the  enumeration  of  all  these  acts,  and  an  intent  to  dis- 
pose of  the  timber  is  wholly  inconsistent  with  its  wanton  destruction. 

United  States  v.  Hacker,  73  Fed.  292,  p.  293. 

C.  WHO  PERMITTED  TO  CUT. 

Citizens  and  residents  are  permitted  to  take  from  nonmineral  public  lands  such 
timber  as  they  may  require  in  the  improvement  of  their  farms  or  mines,  there  not 
being  sufficient  timber  on  their  respective  claims  for  the  uses  and  purposes  specified. 

Instructions— Timber  Cutting,  In  re,  1  L.  D.  600,  p.  602. 


STONE  LANDS,  PP.  i:]08-i:m. 


1825 


The  term  "taking;  timbor  nocosHary  to  8U})port  1h(ur  improvomoiilH "  applied  to  a 
minor  must  mean  all  the  timber  he  mip;ht  need  to  make  the  workiiifi;  of  his  mine  pos- 
sible and  as  to  a  farmer  all  the  timber  he  might  need  for  the  use  of  such  farm. 

Instructions— Timber  Cutting,  In  re,  1  L.  D.  600,  p.  602. 

The  right  to  cut  and  remove  timber  from  the  public  nonraineral  lands  is  confined 
to  the  resident  miner  and  agriculturist,  and  it  is  therefore  unlawful  for  millmen  to 
cut  and  remove  from  such  public  nonmineral  lands  any  timber  to  be  sold  in  the  gen- 
eral market  or  for  exportation  or  to  be  used  for  any  purpose  other  than  those  specified. 

Instructions — Timber  Cutting,  In  re,  1  L.  D.  600,  p.  603. 

Under  this  section  the  miner  and  agriculturist  within  the  mineral  districts  of  Cali- 
fornia are  permitted  to  go  upon  the  nonmineral  lands  to  procure  timber  as  they  may 
need  in  the  development  of  their  mining  claims  or  for  the  improvement  of  their 
farms;  but  they  are  restricted  to  the  use  of  such  timber  only  as  may  be  actually  re- 
quired for  the  development  and  improvement  of  their  particular  claims  and  farms, 
but  they  may  employ  others  to  procure  such  timber  for  them. 

Timber  Cutting,  In  re,  1  L.  D.  616,  p.  617. 

Bona  fide  residents  are  permitted  to  cut  and  remove,  or  to  purchase  from  others, 
timber  upon  the  public  mineral  lands  if  the  same  is  not  intended  for  export,  and  if 
the  timber  is  less  than  eight  inches  in  diameter,  where  it  is  not  wantonly  wasted  or 
destroyed. 

Circular,  In  re,  1  L.  D.  696,  p.  698. 

The  cutting  and  removing  of  mesquite  is  restricted  and  confined  to  actual  settlers 
and  bona  fide  residents  upon  mineral  lands  and  is  permitted  for  building,  agricultural, 
mining,  and  domestic  purposes,  and  it  may  be  cut  and  removed  from  the  public 
mineral  lands  for  sale  to  any  actual  settler  or  resident,  but  only  for  uses  and  purposes 
described,  but  such  cutting  or  removing  is  prohibited  if  for  sale  to  any  railroad  as 
an  article  of  fuel  or  repair. 

Circular,  In  re,  1  L.  D.  696. 

Possession  of  a  mining  claim  in  accordance  with  the  provisions  of  the  statute  con- 
fers the  right  on  a  locator  to  work  such  claim  for  precious  metal,  but  confers  no  right 
to  take  timber  or  otherwise  make  use  of  the  surface  except  as  may  be  necessary  for 
mining  purposes. 

Teller  v.  United  States,  113  Fed.  273,  p.  280. 
See  Benson  Min.,  etc.,  Co.  v.  Alta  Min.,  etc.,  Co.,  145  U.  S.  428. 
United  States  v.  Rizzinelli,  182  Fed.  675,  p.  681. 

Under  this  act  persons  occupying  the  public  lands  in  Oregon  under  the  mining' 
preemption,  or  homestead  laws  may  cut  and  use  the  timber  thereon  for  the  purposes 
of  such  occupancy,  and  may  also  take  other  timber  from  the  public  lands,  if  needed, 
sufficient  to  maintain  the  necessary  improvements  on  the  land  so  occupied. 

United  States  v.  Smith,  11  Fed.  487,  p.  492. 

This  statute  prohibits  the  cutting  or  unwarranted  destruction  of  any  timber  growing 
on  any  public  lands  in  California,  but  permits  miners  and  agriculturists  to  clear  their 
land  in  the  ordinary  working  of  a  mining  claim  or  farm,  and  take  the  timber  necessary 
to  support  their  improvements. 

United  States  v.  Benjamin,  21  Fed.  285,  p.  287. 

d.  HOMESTEAD  SETTLER  NOT  PERMITTED  TO  CUT  TIMBER. 

An  entryman  of  a  homestead  on  the  public  lands  can  not,  neither  can  his  assignee, 
justify  the  cutting  and  sale  of  timber  under  this  statute  on  the  ground  that  the  land 
was  in  fact  mineral  and  not  agricultural. 

Bunker  Hill,  etc.,  Min.,  etc.,  Co.  v.  United  States,  178  Fed.  914. 
See  Bunker  Hill,  etc.,  Min.,  Co.  v.  United  States,  226  U.  S.  548,  p.  549. 


1326  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

The  purchaser  of  timber  from  a  person  who  made  a  homestead  entry  on  the  public 
lands  for  agricultural  purposes,  and  who  cut  and  sold  the  timber  thereon  to  enable 
him  to  cultivate  the  land  and  to  make  other  uses  thereof  under  the  beneficial  pro- 
visions of  the  homestead  law  and  thereafter  relinquished  his  homestead  entry,  can 
not  defend  an  action  by  the  Government  for  the  price  of  timber  on  the  ground  that 
the  land  was  in  fact  mineral  and  not  agricultural. 

Bunker  Hill,  etc.,  Min.,  etc.,  Co.  v.  United  States,  178  Fed.  914,  p.  915. 
See  Bunker  Hill,  etc.,  Min.,  etc.,  Co.  v.  United  States,  226  U.  S.  548,  p.  549. 

The  law  relating  to  homesteads  is  similar  to  the  mining  laws  as  to  the  rights  of 
claimants  while  engaged  in  perfecting  their  titles,  and  for  five  years  the  homesteader 
can  cut  only  such  timber  as  is  reasonably  incidental  to  the  cultivation  of  the  land, 
and  can  not  under  color  of  right  denude  the  soil  of  its  timber  for  the  purpose  of  selling 
and  disposing  of  the  same. 

Teller  v.  United  States,  113  Fed.  273,  p.  283. 
See  Shiver  v.  United  States,  159  U.  S.  491. 

Stone  V.  United  States,  167  U.  S.  178. 

Conwav  v.  United  States,  95  Fed.  615. 

Grubbs  v.  United  States,  105  Fed.  314. 

e.  INDICTMENT  FOR  CUTTING — SUFFICIENCY. 

An  indictment  under  this  section  for  cutting  timber  on  the  public  lands  must  allege 
that  the  timber  was  cut  with  intent  to  export  or  dispose  of  the  same. 

United  States  v.  Hacker,  73  Fed.  292,  p.  296. 
See  Stubbs  v.  United  States,  111  Fed.  366,  p.  367. 

f.  CRIMINAL  LIABILITY — PROOF  AND  DEFENSE. 

Congress,  for  the  purpose  of  protecting  the  public  domain  from  the  invasion  of 
trespassers,  denounced  as  a  crime  the  cutting  of  timber  on  public  lands  with  the 
intent  to  export  and  dispose  of  the  same,  and  the  offense  is  complete  on  proof  of  the 
cutting  on  public  lands  and  the  admission  of  the  sale. 

Teller  v.  United  States,  113  Fed.  273,  p.  278. 

Under  this  statute  there  are  three  elements  of  the  offense:  (1)  Cutting  timber; 
(2)  from  lands  known  to  be  public  lands;  (3)  with  intent  to  export  or  dispose  of  the 
same;  and  when  these  three  elements  are  shown  to  exist  the  crime  is  complete. 

Teller  v.  United  States,  113  Fed.  273.  p.  278. 

Under  these  statutes  if  a  person  enters  upon  the  unoccupied  public  lands  of  the 
United  States,  knowing  the  same  to  be  a  part  of  the  public  domain,  and  without 
complying  with  tho  requirements  of  the  statute,  or  attempting  to  do  so,  and  cuts 
or  causes  to  be  cut  timber  growing  thereon,  he  may  be  convicted. 

Teller  v.  United  States,  113  Fed.  273,  p.  275. 

These  statutes  make  it  a  misdemeanor  for  any  person  to  cut  timber  on  the  public 
unoccupied  lands  with  intent  to  export  or  dispose  of  the  same. 
Teller  v.  United  States,  113  Fed.  273,  p.  275. 

While  it  is  necessary  under  this  statute  to  prove  a  criminal  intent  in  cutting  the 
timber,  still  if  an  accused  entered  upon  the  public  domain,  knowing  it  was  such, 
without  having  complied  with  the  provisions  of  the  law  giving  him  a  right  to  do  so, 
and  cut  timber  therefrom,  a  jury  would  be  authorized  to  find  the  requisite  criminal 
intent. 

Teller  v.  United  States,  113  Fed.  273,  p.  278. 
See  Stone  v.  United  States,  167  U.  S.  178,  p.  188. 

A  defendant  charged  with  cutting  timber  on  the  public  domain  can  not  prove  in 
justification  thereof  a  custom  in  the  immediate  vicinity  of  entering  upon  lands,  and 


STONE  LANDS,  PV.  1308-1333. 


1327 


cutting  timber  before  a  patent  was  obtained,  and  that  tlio  custom  was  known  to  the 
land  office,  as  a  general  custom  to  violato  a  criminal  statute  can  not  justify  itself,  nor 
can  it  justify  an  individual  violation  of  the  law. 
Teller  v.  United  States,  113  Fed.  273,  p.  276. 

Where  persons  who  occupy  public  lands  and  are  engaged  in  mining  or  farming  and 
who  had  in  maintaining  themselves  and  their  families  cut  small  quantities  of  cedar 
posts  on  such  lands  and  sold  the  same  to  a  trading  company  for  needed  supplies, 
and  the  trading  company  purchased  with  the  expectation  of  reselling  to  other  farmers 
and  ranchmen  in  the  vicinity,  the  fact  that  such  trading  company  kept  no  record 
of  cutting,  as  contemplated  by  the  regulations  of  the  Secretary  of  the  Interior,  does 
not  of  itself  impair  the  title  of  the  trading  company. 

United  States  v.  Price  Trading  Co.,  109  Fed.  239,  p.  246. 

While  a  mining  location  so  far  segregates  the  lands  thus  located  from  the  public  do- 
main that  no  rival  claimant  can  initiate  rights  thereon  until  the  first  location  is  avoided 
and  the  entry  canceled,  yet  it  gives  him  nothing  but  the  right  of  present  and  exclusive 
possession  for  the  purpose  of  mining  and  does  not  prevent  the  Government  from  pro- 
tecting the  surface  against  waste  by  criminal  prosecutions  for  cutting  timber. 

Teller  v.  United  States,  113  Fed.  273,  p.  281. 

See  United  States  v.  Rizzinelli,  182  Fed.  675,  p.  683. 

The  mere  application  for  a  patent  for  mineral  lands  does  not  entitle  a  locator  to  enter 
upon  the  surface  and  cut  and  remove  the  timber  thereon,  as  he  could  then  abandon 
such  application. 

Teller  v.  United  States,  113  Fed.  273,  p.  282. 
See  United  States  v.  Nelson,  27  Fed.  Gas.  86. 

g.  TRESPASSER — LIABILITY  AND  DAMAGES. 

The  cutting  of  timber  by  a  miner  from  the  public  lands  adjacent  to  his  mining 
claim  for  use  in  a  quartz  mill  will  not  be  regarded  as  a  willful  trespass  where  the  owner 
of  the  claim  and  of  the  mill  cut  it  under  the  belief  that  he  was  authorized  so  to  do 
under  the  statute,  and  in  such  case  he  will  be  charged  with  the  value  of  the  timber 
before  it  was  converted  into  wood. 

United  States  v.  English,  107  Fed.  867,  p.  869. 

See  English  v.  United  States,  116  Fed.  625,  p.  627. 

The  owner  of  a  mining  claim  is  not  liable  for  cutting  timber  on  such  claim  where 
he  has  complied  with  the  requirements  of  the  statute  and  the  rules  and  regulations 
prescribed  by  the  Secretary  of  the  Interior  thereunder;  but  the  burden  of  proving 
these  facts  rests  upon  him. 

Stubbs  V.  United  States,  104  Fed.  988,  p.  991. 
Stubbs  V.  United  States,  111  Fed.  366,  p.  368. 

The  15  townships  in  the  Bitter  Root  Valley  formerly  occupied  by  the  Flathead 
Indians  became  a  part  of  the  general  public  domain  by  the  act  of  February  11,  1874 
(18  Stat.  15),  and  a  person  cutting  timber  thereon  is  liable  as  a  trespasser. 

United  States  v.  Blendauer,  128  Fed.  910,  p.  913. 
Overruling  United  States  v.  Blendauer,  122  Fed.  703. 

When  the  Government  finds  its  trees  and  timber  in  the  hands  but  once  removed 
from  willful  trespassers  and  asserts  its  right  to  such  property  by  the  slow  process  of  the 
law,  the  holder  can  not  set  up  a  claim  for  the  value  which  has  been  added  to  such 
property  by  the  guilty  party  in  the  act  of  cutting  down  the  trees  and  removing  the 
timber,  as  tliis  would  be  giving  encouragement  and  offering  a  reward  to  such  wrong- 
doer by  providing  a  safe  market  for  what  he  has  stolen  and  compensation  for  the  labor 
he  has  been  compelled  to  do  to  make  his  theft  effectual  and  profitable. 

Wooden  Ware  Co.  v.  United  States,  106  U.  S.  432,  p.  437. 


1328  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

A  civil  suit  for  the  conversion  of  timber  under  this  statute  will  be  supported  by 
proof  that  the  timber  was  in  fact  the  property  of  the  United  States,  whether  the 
defendant  knew  it  or  not. 

Stone  V.  United  States,  167  U.  S.  178,  p.  188. 

See  Wooden  Ware  Co.  v.  United  States,  106  U.  S.  432. 

27  STAT.  348,  2  STJPP.  65,  AXTGITST  4,  1892. 

LANDS  LOCATED  FOR  BUILDING  STONE— PLACER  MINING  LAWS. 

AN  ACT  To  authorize  the  entry  of  lands  chiefly  valuable  for  building  stone  under  the 

placer  mining  laws. 

Be  it  enacted,  etc.,  That  any  person  authorized  to  enter  lands 
under  the  mining  laws  of  the  United  States  may  enter  lands  that  are 
chiefly  valuable  for  building  stone  under  the  provisions  of  the  law 
in  relation  to  placer  mineral  claims:  Provided,  That  lands  reserved 
for  the  benefit  of  the  public  schools  or  donated  to  any  State  ehall 
not  be  subject  to  entry  under  this  act. 

Sec.  2.  That  an  act  entitled  ''An  act  for  the  sale  of  timberlands 
in  the  States  of  California,  Oregon,  Nevada,  and  Washington  Ter- 
ritory," approved  June  3,  1878  (20  Stat.  89),  be,  and  the  same  is 
hereby,  amended  by  striking  out  the  words  ''States  of  California, 
Oregon,  Nevada,  and  Washington  Territory,"  where  the  same  occur 
in  the  second  and  third  fines  of  said  act,  and  insert  in  lieu  thereof  the 
words  "pubfic-land  States,"  the  purpose  of  this  act  being  to  make 
said  act  of  June  3,  1878,  applicable  to  all  the  public-land  States. 

Sec.  3.  That  nothing  contained  in  this  act  shall  be  construed 
to  repeal  section  24  of  the  act  entitled  "An  act  to  repeal  timber- 
culture  laws,  and  for  other  purposes,"  approved  March  3,  1891 
(26  Stat.  1095). 

A.  STONE  LAND  PLACER  CLAIM  ACT. 

B.  STONE  LANDS,  p.  — . 

C.  CUTTING  TIMBER,  p.  — . 

D.  OIL  LANDS  LOCATED  AS  PLACER  CLAIMS,  p.  — . 

A.  STONE  LAND  PLACER  CLAIM  ACT. 

1.  Scope  of  act. 

2.  Amendment — Effect. 

3.  Repealing  force  of  act. 

1.  scope  of  act. 

This  act  extends  the  timber  and  stone  act  of  June  3,  1878,  to  all  the  public  land 
States  and  makes  land  valuable  for  building  stone  subject  to  entry  under  the  placer 
mining  laws. 

Jamison  v.  Hayden,  15  L.  D.  276,  p.  277. 

By  this  statute  the  provisions  of  the  timber  and  stone  act  were  extended  to  all  the 
public  land  States. 

Dwinnell  v.  United  States,  186  Fed.  754,  p.  757. 

The  fact  that  land  may  possess  incidental  advantages  other  than  its  valuable  min- 
eral deposits  will  not  preclude  its  disposal  under  the  mining  laws;  but  the  purpose  of 


STONE  LANDS,  PI'.  l.'JOS-l.'m. 


1329 


tliese  laws  ia  to  insuro  tlio  oxtractioii  and  <'X])l()i1ati()Ti  of  mineral  (lepoRitfl  rather  tlian 
tlie  primary  iionmiiieral  use  of  land. 

Stanislaus  Electric  Power  Co.,  In  re,  41  L.  D.  055,  p.  059. 

See  United  States  v.  Iron  Silver  Min.  Co.,  128  U.  S.  073,  p.  084. 

This  statute  differs  from  the  general  mining  laws  in  two  particulars:  (1)  It  requires 
the  lands  to  be  chiefly  valuable  for  building  stone;  (2)  lands  (chiefly  valuable  for  build- 
ing stone  are  not  to  be  withheld  or  excluded  from  reservations  or  grants  to  States 
for  school  purposes. 

Stanislaus  Electric  Power  Co.,  In  re,  41  L.  D.  055,  p.  057. 

This  act  was  intended  to  and  does  apply  only  to  deposits  of  stone  of  special  or  pecu- 
liar value  for  structural  work,  such  as  the  erection  of  houses,  office  buildings,  and  such 
other  recognized  commercial  uses  as  will  demand  and  secure  the  profitable  extraction 
and  marketing  of  the  products. 

Stanislaus  Electric  Power  Co.,  In  re,  41  L.  D.  055,  p.  000. 
See  Northern  Pac.  R.  Co.  v.  Soderberg,  188  U.  S.  520. 

2.  AMENDMENT  EFFECT. 

By  this  amended  statute  the  fourth  section  of  the  act  of  June  3,  1878  (20  Stat.  89), 
was  extended  to  and  put  in  force  in  all  the  public-land  States,  including  the  State  of 
Colorado. 

Stubbs  V.  United  States,  111  Fed.  300. 

This  amended  statute  applies  to  all  the  public-land  States  and  provides  that  stone 
lands  may  be  purchased  in  small  tracts  of  less  than  40  acres,  as  provided  in  tlie  placer- 
mining  laws. 

Pierce  v.  Bond,  22  L.  D.  345,  p.  340. 

This  act  does  not  withdraw  land  chiefly  valuable  for  building  stone  from  entry  under 
any  existing  law  applicable  thereto. 

Hayden  v.  Jamison,  10  L.  D.  537,  p.  539. 
See  Hayden  v.  Jamison,  24  L.  D.  403. 

Until  this  enactment  there  was  no  statute  allowing  lands  valuable  for  stone  to  be 
entered  under  any  of  the  mining  laws. 
Hayden  v.  Jamison,  10  L.  D.  537,  p.  539. 

Prior  to  this  act  there  was  no  authority  to  locate  and  purchase  lands  chiefly  valuable 
for  building  stone  under  the  placer-mining  laws. 

Hayden  v.  Jamison,  10  L.  D.  537. 

Clark  V.  Ervin,  17  L.  D.  550,  p.  551  (on  review). 

Thorne  v.  Kinsey,  18  L.  D.  410,  p.  417. 

Hayden  v.  Jamison,  20  L.  D.  373. 

See  Conlin  v.  Kelly,  12  L.  D.  1. 

3.  REPEALING  FORCE  OF  ACT. 

This  act  so  far  repeals  the  act  of  June  3,  1878,  and  the  act  of  March  3,  1891,  as  to  make 
the  provisions  of  section  4  of  the  act  of  June  3,  1878  (20  Stat.  89),  in  force  in  all  the 
public-land  States,  embracing  the  State  of  Colorado. 

Stubbs  V.  United  States,  111  Fed.  300,  p.  307. 
Overruling  Stubbs  v.  United  States,  104  Fed.  988. 

This  act  repeals  section  2401  R.  S.  so  far  as  it  relates  to  the  cutting  or  removing  of 
timber  from  the  public  lands  with  intent  to  export  or  dispose  of  the  same. 
Morgan  v.  United  States,  148  Fed.  189,  p.  193. 


1330 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


B.  STONE  LANDS. 

1.  Entry  as  placer  claims. 

2.  Mineral  and  mineral  lands  include  stone. 

3.  Kinds  of  stone  included. 

4.  Kinds  of  stone  not  included. 

5.  Grants  for  school  purposes. 

6.  Railroad  grants  do  not  include. 

7.  Entryman's  power  to  sell. 

1.  entry  as  placer  claims. 

Land  containing  stone  valuable  for  general  building  purposes  only  was  not  subject 
to  entry  under  the  mining  laws  prior  to  the  passage  of  this  act. 

Minnekahta  Stone  Mine,  In  re,  15  L.  D.  256. 
See  Conlin  v.  Kelly,  12  L.  D.  1. 

Under  this  act  lands  chiefly  valuable  for  building  stone  may  be  entered  as  a  placer- 
mining  claim  if  it  has  not  been  reserved  for  the  benefit  of  public  schools  or  donated 
to  a  State. 

Minnekahta  Stone  Mine,  In  re,  15  L.  D.  256. 

Harper,  In  re,  16  L.  D.  110. 

Clark  V.  Ervin,  16  L.  D.  122. 

South  Dakota  v.  Vermont  Stone  Co.,  16  L.  D.  263. 

Van  Doren  v.  Plested,  16  L.  D.  508,  p.  510. 

Shepherd  v.  Bird,  17  L.  D.  82,  p.  84. 

Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233,  p.  244. 

Hayden  v.  Jamison,  26  L.  D.  373. 

Piatt,  In  re,  33  L.  D.  270,  p.  271. 

Henderson  v.  Fulton,  35  L.  D.  652,  p.  664. 

Zimmerman  v.  Brunson,  39  L.  D.  310,  p.  313. 

Meiklejohn  v.  Hyde,  42  L.  D.  144,  p.  145. 

This  act,  construed  in  connection  with  the  act  of  July  5,  1884  (23  Stat.  104),  makes 
land  valuable  for  building  stone  within  an  abandoned  military  reservation  subject  to 
location  under  placer-mining  laws. 

Randolph,  In  re,  23  L.  D.  516,  p.  518. 

The  fact  that  this  section  provides  that  lands  chiefly  valuable  for  building  stone 
may  be  entered  and  title  acquired  thereto  under  the  laws  relating  to  placer-mining 
claims  does  not  avail  a  defendant  who  does  not  plead  such  right  and  where  the  evidence 
was  that  the  notice  of  his  claim  posted  on  the  land  was  dated  long  after  the  commence- 
ment of  the  action. 

Northern  Pac.  R.  Co.  v.  Soderberg,  86  Fed.  49,  p.  51. 

This  act  authorizes  the  exploration  and  occupation  of  mineral  deposits,  including 
stone,  and  the  right  granted  necessarily  carries  with  it  a  license  to  take  what  may  be 
found  in  the  course  of  exploration  and  apply  it  to  the  discoverer's  own  use,  and  a  person 
acting  under  this  statute  in  taking  stone  upon  the  public  domain  is  not  a  trespasser. 

Sullivan  v.  Schultz,  22  Mont.'541,  p.  546. 

2.  MINERAL  AND  MINERAL  LANDS  INCLUDE  STONE. 

The  term  ''mineral,"  as  used  in  this  statute,  is  not  merely  a  synonym  for  "metal," 
but  is  a  comprehensive  term  including  every  description  of  stone  and  rock  deposit 
whether  containing  metallic  substances  or  entirely  nonmetallic. 

Northern  Pac.  R.  Co.  v.  Soderberg,  99  Fed.  506,  p.  507. 
Northern  Pac.  R.  Co.  v.  Soderberg,  104  Fed.  425,  p.  427. 
See  Mullan  v.  United  States,  118  U.  S.  271. 


STONE  LANDS,  PP.  1308-1333.  1831 

Stone  is  ro.cfardcd  in  law  as  minora!,  and  this  term  now  includes  that  wliich  is  qnar- 
ried  as  well  as  that  whicli  is  obtained  from  mines. 

Northern  Pac.  R.  Co.  v.  Soderberg,  104  Fed.  425,  p.  429. 

Griftin  v.  Fellows,  81  Pa.  St.  114. 

Hartwell  v.  Camman,  10  N.  J.  Eq.  128. 

Railway  Co.  v.  Checkley,  L.  R.  4  Eq.  19. 

Rosse  V.  Wainman,  14  Mees.  &  W.  859. 

Micklethwait  v.  Winter,  5  Eng.  L.  &  Eq.  526. 

Ilext  V.  Gill,  L.  R.  7  Ch.  App.  699. 

Jamieson  v.  Railway  Co.,  6  Scott.  L.  R.  188. 

Attorney  General  v.  Granite  Co.,  35  Weekly  Rep.  617. 

Lands  more  valuable  for  deposits  of  stone,  or  whatever  is  recognized  as  mineral,  than 
for  agriculture  is  mineral. 

Northern  Pac.  R.  Co.  v.  Soderberg,  104  Fed.  425,  p.  427. 
Maxwell  v.  Brierly,  10  C.  L.  O.  50. 
McGlenn  v.  Wienbroeer,  15  L.  D.  370,  p.  373. 

The  various  acts  of  Congress  relating  to  mineral  lands  indicate  that  Congress  intended 
to  include  in  that  term  lands  chiefly  valuable  for  building  stone  of  superior  quality 
for  building  and  homestead  purposes. 

Northern  Pac.  R.  Co.  v.  Soderberg,  104  Fed.  425. 

Mountain  land  covered  with  granite  cliffs  and  rocks,  the  value  of  which  is  in  the 
quarry  in  the  face  of  the  cliff,  is  mineral  land  and  may  be  entered  as  a  placer  claim. 

Northern  Pacific  R.  Co.  v.  Soderberg,  104  Fed.  425,  p.  427. 

Bennett,  In  re,  3  L.  D.  116. 

Van  Doren  v.  Plested,  16  L.  D.  508. 

Gibson,  In  re,  21  L.  D.  327,  p.  329. 

Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233. 
Meiklejohn  v.  Hyde,  42  L.  D.  144,  p.  147. 

3.   KINDS  OF  STONE  INCLUDED. 

Lands  vahia1)le  for  deposits  of  granite  are  mineral  and  may  be  located  as  placer 
mining  claims. 
Meiklejohn  v.  Hyde,  42  L.  D.  144,  p.  146. 

Lands  valuable  solely  or  chiefly  for  granite  quarries  are  mineral  lands. 

Northern  Pacific  R.  Co.  v.  Soderberg,  188  U.  S.  526. 
Meiklejohn  v.  Hyde,  42  L.  D.  144,  p.  145. 

Limestone  valuable  for  mining  purposes  may  be  located. 

Morrill  v.  Northern  Pac.  R.  Co.,  30  L.  D.  475. 
Meiklejohn  v.  Hyde,  42  L.  D.  144,  p.  147. 

Lands  more  valuable  for  lime  made  from  the  deposits  of  limestone  than  for  agri- 
culture may  be  patented  under  the  mining  laws. 
Gentry,  In  re,  9  C.  L.  O.  5. 

Land  valuable  for  marble  is  enterable  under  placer  mining  laws. 

Pacific  Coast  Min.  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233. 
Henderson  v.  Fulton,  35  L.  D.  652. 
Meiklejohn  v.  Hyde,  42  L.  D.  144,  p.  147. 

Under  this  act  land  containing  valuable  deposits  of  stone  used  for  special  purposes 
may  be  entered  as  a  placer  claim. 

McGlenn  v.  Wienbroeer,  15  L.  D.  370,  p.  374. 
Tam  V.  Storey,  16  L.  D.  282. 

Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233,  p.  241. 

Lands  containing  valuable  deposits  of  granite,  enterable  under  this  statute  as  placer 
mining  claims,  are  not  subject  to  forest  lieu  selection  under  the  act  of  June  4,  1897 
(30  Stat.  36). 

Meiklejohn  v.  Hyde,  42  L.  D.  144,  p.  148. 


1332         UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Where  a  part  of  a  tract  for  which  patent  is  sought  under  this  act  contains  no  vahiable 
stone  subject  to  a  placer  location,  such  part  of  the  tract  will  be  excluded  from  entry. 
Ferrell  v.  Hoge,  29  L.  D.  12,  p.  15. 

Lands  chiefly  valuable  for  stone  applies  only  to  deposits  of  stone  of  special  or  pecul- 
iar value  for  structural  work,  such  as  the  erection  of  buildings  and  such  other  recog- 
nized commercial  uses  as  will  demand  and  secure  the  profitable  extraction  and  mar- 
keting of  the  product;  and  the  act  has  no  application  to  the  vast  deposits  of  low- 
grade  rock  possessing  no  special  or  peculiar  value  for  structural  purposes,  and  used 
only  for  rough  work  in  the  immediate  vicinity. 

Stanislaus  Electric  Power  Co.,  In  re,  41  L.  D.  655,  p.  660. 
See  Conlin  v.  Kelly,  12  L.  D.  1. 

4.  KINDS  OF  STONE  NOT  INCLUDED. 

The  vast  deposits  of  low-grade  rock  in  the  public  domain  which  possess  no  special  or 
peculiar  value  for  structural  building  purposes  is  not  subject  to  disposition  either 
under  the  placer  mining  laws  or  under  this  act. 

Stanislaus  Electric  Power  Co.,  In  re,  41  L.  D.  655,  p.  660. 

Lands  containing  a  valuable  deposit  of  shale  rock  that  may  be  used  for  building 
purposes  or  for  the  construction  of  roads  and  streets  and  the  foundation  of  houses  are 
not  mineral  within  the  meaning  of  the  mining  laws. 

Hughes  V.  Florida,  42  L.  D.  401,  p.  403. 
See  Davis  v.  Gibson,  38  L.  D.  265,  p.  266. 

Land  containing  a  deposit  of  gravel  and  sand  not  recognized  by  standard  authori- 
ties as  mineral,  though  used  for  general  building  purposes,  is  not  subject  to  location  as 
mineral  land. 

Zimmerman  v.  Brunson,  39  L.  D.  310,  p.  313. 
Hughes  V.  Florida,  42  L.  D.  401,  p.  404. 

Stone  of  such  character  as  may  be  used  in  building  foundations,  fences,  abutments, 
or  other  rough  work  is  widely  distributed  throughout  all  the  States  of  the  Union;  and 
it  can  not  be  contended  that  land  from  which  stone  is  removed  by  a  farmer  in  the 
course  of  his  agricultural  operations  and  which  he  may  utilize  in  constructing  fences 
or  in  rough  work  upon  his  farm,  is  mineral  land,  or  that  his  farm  is  a  mine  within  the 
meaning  of  the  general  mining  laws  or  of  this  act. 

Stanislaus  Electric  Power  Co.,  In  re,  41  L.  D.  655,  p.  660. 

5.  GRANTS  FOR  SCHOOL  PURPOSES. 

Lands  valuable  for  building  stone  were  not  excepted  under  this  act  from  a  grant  to  a 
State  for  school  purposes. 

South  Dakota  Vermont  Stone  Co.,  In  re,  16  L.  D.  263. 
Hughes  V.  Florida,  42  L.  D.  401,  p.  404. 

6.  RAILROAD  GRANTS  DO  NOT  INCLUDE. 

Lands  valuable  only  on  account  of  the  stone  deposits  contained  therein  do  not 
pass  to  the  Northern  Pacific  Railroad  Co.  under  its  grant,  but  are  subject  to  placer 
entry  under  the  mining  laws. 

Northern  Pac.  R.  Co.  v.  Soderberg,  104  Fed.  425,  p.  428. 
Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233. 


STONE  LANDS,  PP.  1308-1333. 


1333 


7.  entryman's  power  to  sell. 

While  this  amendment  prohibits  an  cntryman  from  entering  land  ORtensibly  for 
himself  but  in  reality  for  another,  yet  it  does  not  prohibit  liim  from  selling  the  claim  to 
anotlier  after  ho  had  complied  with  the  requirements  as  to  his  original  application 
but  before  the  final  proof  and  liearing. 

Williamson  v.  United  States,  207  U.  S.  425,  p.  460. 
United  States  v.  Biggs,  211  U.  S.  507,  p.  521. 
Followed  in  United  States  v.  Sullenberger,  211  U.  S.  522. 
United  States  v.  Freeman,  211  U.  S.  525. 

C.  CUTTING  TIMBER. 

1.  CRIMINAL  LIABILITY. 

A  person  may  be  convicted  for  cutting  timber  on  public  lands  where  the  evidence 
fails  to  show  that  such  lands  were  chiefly  valuable  for  minerals,  and  where  he  did  not 
cut  the  timber  in  the  exercise  of  the  privilege  conferred  by  the  act  of  June  3,  1878, 
and  where  he  kept  no  books  containing  a  description  of  the  kind  and  amount  of  tim- 
ber cut  and  of  the  land  from  whence  it  was  taken,  as  required  by  the  regulation  of  the 
Interior  Department. 

Stubbs  V.  United  States,  111  Fed.  366,  p.  368. 

In  an  application  for  a  placer  patent  under  this  act  the  good  faith  of  the  applicant 
and  the  use  to  which  he  has  devoted  or  intends  to  devote  the  land  is  a  proper  element 
for  consideration  as  incidental  to  and  throwing  some  light  upon  the  real  value  and 
character  of  the  land  sought. 

Stanislaus  Electric  Power  Co.,  In  re,  41  L.  D.  655,  p.  659. 

D.  OIL  LANDS  LOCATED  AS  PLACER  CLAIMS. 

See  Oil  lands,  29  Stat.  526,  p.  1043. 

Persons  authorized  to  enter  land  under  the  mining  laws  may  locate  oil  land  under 
this  act  as  placer  mining  claims,  notwithstanding  the  more  recent  statute  of  February 
11,  1897  (29  Stat.  526),  particularly  authorizing  such  locations,  and  notwithstanding 
the  adverse  hearings  of  the  Land  Department  to  the  effect  that  oil  lands  could  not  be 
located  as  placer  claims  under  this  act. 

Producers'  Oil  Co.  v.  Hanszen  (La.),  61  So.  754,  p.  759. 
Eives  v.  Gulf  Refining  Co.  (La.),  62  So.  623,  p.  629. 

33  STAT.  706,  FEBRUARY  8,  1905. 

USE  OF  STONE  IN  PUBLIC  WORKS. 

AN  ACT  Authorizing  the  use  of  earth,  stone,  and  timber  on  the  public  lands  and 
forest  reserves  of  the  United  States  in  the  construction  of  .works  under  the  national 
irrigation  law. 

Be  it  enacted,  etc.,  That  in  carrying  out  the  provisions  of  the 
national  irrigation  law,  approved  June  17,  1902  (32  Stat.  388),  and 
in  constructing  works  thereunder,  the  Secretary  of  the  Interior  is 
hereby  authorized  to  use  and  to  j)ermit  the  use  by  those  engaged  in 
the  construction  of  works  under  said  law,  under  rules  and  regulations 
to  be  prescribed  by  him,  such  earth,  stone,  and  timber  from  the 
public  lands  of  the  United  States  as  may  be  required  in  the  con- 
struction of  such  works,  and  the  Secretary  of  Agriculture  is  hereby 
authorized  to  permit  the  use  of  earth,  stone,  and  timber  from  the 
forest  reserves  of  the  United  States  for  the  same  purpose,  under 
rules  and  regulations  to  be  prescribed  by  him. 


TIMBER  CUTTING  FOR  MINING  PURPOSES. 


4  STAT.  472,  MARCH  2,  1831. 

CUTTING  TIMBER  ON  MINERAL  LANDS— MINING  PURPOSES. 

AN  ACT  To  provide  for  the  punishment  of  offenses  committed  in  cutting,  destroy- 
ing, or  removing  live  oak  and  other  timber  or  trees  reserved  for  naval  purposes. 

Be  it  enacted,  etc.,  That  if  any  person  or  persons  shall  cut,  or  cause 
or  procure  to  be  cut,  or  aid,  assist,  or  be  employed  in  cutting,  or 
shall  wantonly  destroy,  or  cause  or  procure  to  be  wantonly  destroyed, 
or  aid,  assist,  or  be  employed  in  wantonly  destroying,  any  live  oak 
or  red  cedar  tree  or  trees,  or  other  timber  standing,  growing,  or  being 
on  any  lands  of  the  United  States  which,  in  pursuance  of  any  law 
passed  or  hereafter  to  be  passed,  shall  have  been  reserved  Ox"  pur- 
chased for  the  use  of  the  United  States,  for  supplying  or  furnishing 
therefrom  timber  for  the  Navy  of  the  United  States;  or  if  any  person 
or  persons  shall  remove,  or  cause  or  procure  to  be  removed,  or  aid, 
or  assist,  or  be  employed  in  removing,  from  SiUj  such  lands  which 
shall  have  been  reserved  or  purchased  as  aforesaid,  any  live  oak  or 
red  cedar  tree  or  trees,  or  other  timber,  unless  duly  authorized  so 
to  do  by  order,  in  writing,  of  a  competent  officer  and  for  the  use  of 
the  Navy  of  the  United  States;  or  if  any  person  or  persons  shall  cut, 
or  cause  or  procure  to  be  cut,  or  aid,  or  assist,  or  be  employed  in 
cutting,  any  live  oak  or  red  cedar  tree  or  trees  or  other  timber  on, 
or  shall  remove,  or  cause  or  procure  to  be  removed,  or  aid,  or  assist, 
or  be  employed  in  removing,  any  live  oak  or  red  cedar  trees  or  other 
timber,  from  any  other  lands  of  the  United  States,  acquired,  or  here- 
after to  be  acquired,  with  intent  to  export,  dispose  of,  use,  or  employ 
the  same  in  any  manner  whatsoever,  other  than  for  the  use  of  the  Navy 
of  the  United  States;  every  such  person  or  persons  so  offending,  on 
conviction  thereof  before  any  court  having  competent  jurisdiction, 
shall,  for  every  such  offense,  pay  a  fine  not  less  than  triple  the  value 
of  the  tree  or  trees  or  timber  so  cut,  destroyed,  or  removed,  and  shall 
be  imprisoned  not  exceeding  12  months. 

*  *  *  ^  *  *  * 

Note.— Section  1  of  this  act  is  section  2461  E,.  S. 

A.  TIMBER-CUTTING  ACT. 

1.  Construed  with  later  acts— Cutting  permissible. 

2.  Timber  cutting  on  mining  claims. 

1.  construed  with  later  acts — CUTTING  PERMISSIBLE. 

Congress  did  not  authorize  the  occupation  of  the  public  lands  for  the  purpose  of 
agriculture  and  mining  without  intending  to  so  modify  the  operation  of  the  timber 
act  as  to  permit  the  occupants  thereunder  to  cut  and  remove  the  timber  upon  their 
1334 


TIMBER  CUTTING  FOR  MINING  PURPOSES,  PP.  1334-1353.  1335 


respective  claims  so  far  aa  the  Hame  was  necet^Hary  for  the  purpoHo  for  which  it  wan 
occupied,  and  to  that  extent  this  act  is  repealed  by  the  preemption,  homestead,  and 
mining  acts. 
United  States  v.  Nelson,  27  Fed.  Cas.  86. 

This  statute  must  be  construed  in  connection  with  the  subsequent  acts  relating 
to  preemption,  homestead,  and  mining  laws,  that  confer  the  right  of  occupation 
of  limited  quantities  of  the  public  lands  upon  settlers  and  miners  for  agricultural 
and  mining  purposes,  and  are  in  fact  laws  upon  the  same  subject. 

United  States  v.  Nelson,  27  Fed.  Cas.  86. 

2.  TIMBER  CUTTING  ON  MINING  CLAIMS. 

As  no  proof  is  required  as  to  the  amount  of  mineral  deposit  in  land  as  a  condition 
on  which  a  mining  claim  may  be  located  the  only  security  against  the  law  being  used 
as  a  cover  to  strip  the  public  lands  of  their  valuable  timber  is  to  limit  the  right  of 
the  locator  of  a  mining  claim  to  the  use  of  such  timber  thereon  as  is  necessary  to  the 
actual  working  of  the  claim. 

United  States  v.  Nelson,  27  Fed.  Cas.  86. 

In  determining  whether  the  locator  of  a  placer  mining  claim  is  cutting  the  timber 
thereon  in  good  faith  and  for  actual  mining  purposes,  the  fact  that  he  has  occupied 
the  claim  for  a  period  of  six  years  as  land  containing  valuable  mineral  deposits  with- 
out availing  himself  of  his  right  to  purchase  it  at  the  normal  price  of  $2.50  per  acre 
is  not  to  be  overlooked,  and  especially  if  it  is  in  a  region  where  the  timber  is  scarce 
and  valuable. 

United  States  v.  Nelson,  27  Fed.  Cas.  86. 

The  removal  of  timber  from  a  mining  claim  to  be  justified  should  proceed  with 
equal  pace  with  the  mining  operations,  and  the  owner  of  a  claim  who  desires  to  go 
further  or  faster,  and  for  any  reason  appropriates  the  timber  to  his  own  use  in  advance 
of  his  mining  operations,  can  only  do  so  safely  by  paying  the  purchase  price  of  the  land. 

United  States  v.  Nelson,  27  Fed.  Cas.  86. 

Where  a  locator  of  a  placer  mining  claim  removes  and  disposes  of  acres  of  timber 
in  advance  of  his  mining  operations  for  no  better  reason  than  that  it  is  better  for  the 
purpose  of  mining  to  remove  the  timber  so  far  in  advance  of  the  work  as  to  give  oppor- 
tunity for  the  stumps  to  rot,  he  is  in  law  speculating  in  United  States  timber  rather 
than  mining  for  the  precious  metals. 

United  States  v.  Nelson,  27  Fed.  Cas.  86. 

20  STAT.  88,  1  SUPP.  R.  S.  166,  JUNE  3,  1878. 

REMOVING  TIMBER  FOR  MINING  PURPOSES. 

AN  ACT  Authorizing  the  citizens  of  Colorado,  Nevada,  and  the  Territories  to  use 
timber  for  mining  purposes. 

Be  it  enacted,  etc.,  That  all  citizens  of  the  United  States  and  other 
persons,  bona  fide  residents  of  the  State  of  Colorado,  or  Nevada,  or 
either  of  the  Territories  of  New  Mexico,  Arizona,  Utah,  Wyoming, 
Dakota,  Idaho,  or  Montana,  and  all  other  mineral  districts  of  the 
United  States,  shall  be,  and  are  hereby,  authorized  and  permitted 
to  fell  and  remove,  for  building,  agricultural,  mining,  or  other  domes- 
tic purposes  any  timber  or  other  trees  growing  or  being  on  the  public 
lands,  said  lands  being  mineral,  and  not  subject  to  entry  under 
existing  laws  of  the  United  States,  except  for  mineral  entry,  in  either 


1336  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


of  said  States,  Territories,  or  districts  of  which  such  citizens  or 
persons  may  be  at  the  time,  bona  fide  residents,  subject  to  such  rules 
and  regulations  as  the  Secretary  of  the  Interior  may  prescribe  for 
the  protection  of  the  timber  and  of  the  undergrowth  growing  upon 
such  lands,  and  for  other  purposes:  Provided,  The  provisions  of  this 
act  shall  not  extend  to  railroad  corporations. 

Sec.  2.  That  it  shall  be  the  duty  of  the  register  and  the  receiver 
of  any  local  land  office  in  whose  district  any  mineral  lands  may  be  situ- 
ated to  ascertain  from  time  to  time  whether  any  timber  is  being  cut  or 
used  upon  any  such  lands,  except  for  the  purposes  authorized  by 
this  act,  within  their  respective  land  districts;  and  if  so,  they  shall 
immediately  notify  the  Commissioner  of  the  General  Land  Office  of 
that  fact;  and  all  necessary  expenses  incurred  in  making  such  proper 
examinations  shall  be  paid  and  allowed  such  register  and  receiver  in 
making  up  their  next  quarterly  accounts. 

Sec.  3.  Any  person  or  persons  who  shall  violate  the  provisions  of 
this  act,  or  any  rules  and  regulations  in  pursuance  thereof  made  by 
the  Secretary  of  the  Interior,  shall  be  deemed  guilty  of  a  misdemeanor 
and,  upon  conviction,  shall  be  fined  in  any  sum  not  exceeding  S500, 
and  to  which  may  be  added  imprisonment  for  any  time  not  exceeding 
six  months. 

A.  TIMBER  ON  MINERAL  LAND. 

1.  Construction  and  purpose  of  act. 

2.  States  in  which  cutting  is  permitted. 

3.  Mining  districts — Meaning. 

4.  Residents  authorized  to  cut. 

5.  Lands  on  which  cutting  is  permitted. 

a.  Mineral  character. 

b.  Extent  of  minerals — Proof. 

c.  Coal  lands. 

d.  Timber  lands — ^What  constitutes. 

6.  Persons  authorized  to  cut  and  use. 

7.  Uses  for  which  cutting  is  permitted. 

a.  Uses  named  in  statute. 

b.  Reduction,  smelting,  roasting,  etc. 

c.  Domestic  purposes — Meaning. 

d.  Exporting  prohibited. 

e.  Power  to  sell,  buy,  or  employ  others  to  cut. 

f.  Sawmill  owners — Disposal  of  lumber. 

8.  Regulations  as  to  cutting. 

a.  Authority  and  effect. 

b.  Validity — Restricting  statute. 

c.  Regulations  as  to  size  of  trees. 

d.  Regulation  as  to  sawmill  owners. 

9.  Duty  of  registers  and  receivers. 

10.  Placer  locations — Fraudulent  design  for  timber  cut- 
ting. 


TIMBER  CUTTINC;  FOR  MINING  PURPOSES,  PP.  1334-135;].  1337 


11.  Action  for  damages. 

a.  Evidence  as  to  mineral  charactior  of  land. 

b.  Defense — P]vidence  of  good  faith. 

c.  Burden  of  proof. 

d.  Willful  trespass — Proof  and  presumption. 

e.  Willful  trespass — Measure  of  damages. 

f.  Right  of  United  States  to  recover. 

g.  Liability  of  railroad  company. 

h.  Criminal  liabilty — Intent. 

1.  construction  and  purpose  of  act. 

This  statute  is  a  part  of  the  legislation  showing  the  policy  of  Congress  to  develop  the 
mineral  resources  of  the  country,  providing  practical  legislation  to  that  end,  and 
placing  only  such  restraint  upon  the  settler  and  mineral  explorer  as  will  provide 
against  waste  and  destruction,  and  this  section  must  be  construed  with  reference 
to  the  conditions  prevailing  in  the  mining  regions  requiring  that  the  taking  of  timber 
for  mining  and  domestic  purposes  shall  not  be  restricted  to  lands  known  to  contain 
minerals  in  paying  quantities,  but  may  include  such  adjacent  lands  as  under  all  the 
conditions  would  not  be  deemed  to  be  subject  to  entry  except  as  mineral  lands,  and 
it  is  intended  that  this  right  or  privilege  of  cutting  timber  shall  be  exercised  under 
such  regulations  as  will  preserve  the  timber  for  the  benefit  of  the  inhabitants  engaged 
in  or  connected  with  the  mining  industry. 

United  States  v.  Basic  Co.,  121  Fed.  504,  p.  507. 
See  United  States  v.  Edwards,  38  Fed.  812. 

United  States  v.  Richmond  Min.  Co.,  40  Fed.  415. 

Anderson  v.  United  States,  152  Fed.  87,  p.  91. 

The  purpose  of  this  statute  was  to  establish  by  positive  enactment  a  right  long 
claimed  and  exercised  by  lumbermen  to  appropriate  the  timber  on  Government 
land  to  manufacture  it  into  lumber  and  furnish  it  to  the  millmen,  miners,  and  farmers 
of  the  district  who  did  not  care  to  do  the  actual  cutting  and  manufacturing  for  them- 
selves, and  its  object  ought  not  to  be  to  compel  payment  for  timber  so  cut,  but  to 
prevent  unnecessary  waste,  and  by  this  statute  Congress  enabled  settlers  in  regions 
where  timber  is  scarce  to  utilize  it  for  domestic  and  mining  purposes  and  to  develop 
the  mineral  resources  of  the  rough,  mountainous  districts  where  agricultural  pursuits 
could  not  be  profitably  followed. 

United  States  v.  Rossi,  133  Fed.  380,  p.  383. 

The  courts  can  not  import  into  this  act  a  limitation  as  to  the  location  of  the  land 
from  which  timber  may  be  taken  where  Congress  has  expressly  conferrred  authority 
to  cut  for  the  purposes  stated  on  the  public  domain,  mineral  and  not  entered,  in  the 
State  of  which  the  citizen  or  person  may  be  a  resident. 

United  States  v.  Edgar,  140  Fed.  655,  p.  660. 

Congress  having  by  this  act  designated  the  extent  of  the  locality  from  which  timber 
may  be  cut,  it  follows  that  no  construction  can  limit  the  area  and  thus  abridge  or 
take  away  from  the  persons  lawfully  engaged  in  the  industries  designated  by  Congress 
the  right  to  enjoy  the  license  given. 

United  States  v.  Edgar,  140  Fed.  655,  p.  660. 

It  seems  to  have  been  the  intention  of  Congress  to  enlarge  the  uses  which  might  be 
made  of  timber  taken  from  public  lands  and  for  that  purpose  Congress  modified  the 
existing  statute  on  this  subject. 

Morgan  v.  United  States,  148  Fed.  189,  p.  192. 
50974°— Bull.  94,  pt  2—15  33 


1338  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


This  act  was  passed  to  establish  by  positive  enactment  a  right  claimed  and  exer- 
cised without  interference  on  the  part  of  the  Government  for  a  period  of  30  years, 
and  to  prevent  absolutely  the  cutting  of  timber  would  compel  the  abandonment 
practically  of  all  the  mineral  regions  of  the  States  and  Territories  named  in  the  act. 

Hardin,  In  re,  1  L.  D.  597,  p.  598. 

The  object  of  this  act  was  to  enable  the  inhabitants  of  the  States  and  Territories 
named  to  fell  and  remove  the  timber  from  that  class  of  the  public  lands  withheld 
from  the  operations  of  the  preemption  and  homestead  laws,  which  by  existing  laws 
they  were  not  permitted  to  do. 

Instructions — Timber  Cutting,  1  L.  D.  600. 

By  this  and  the  act  of  June  3,  1878  (20  Stat.  89),  the  scope  and  operation  of  the 
offenses  mentioned  in  the  prior  statute  were  extended  from  cutting,  removing,  or 
wanton  destruction  of  timber  growing  on  lands  purchased  or  reserved  by  the  United 
States  for  certain  uses  so  as  to  embrace  within  their  denunication  the  cutting,  removing, 
or  wanton  destruction  of  timber  growing  on  any  of  the  public  lands  of  the  United 
States. 

Morgan  v.  United  States,  148  Fed.  189,  p.  192. 

This  act  is  restricted  in  its  operations  to  lands  subject  to  entry  under  the  mining 
laws,  and  it  is  the  character  of  the  entry  by  which  they  may  be  appropriated  and  not 
the  character  of  the  lands  themselves,  that  determine  the  right  to  use  timber  for 
mining  purposes. 

Truan,  In  re,  2  L.  D.  827. 

It  was  the  intention  of  Congress  by  this  act  to  encourage  and  develop  the  industry 
of  mining  and  to  enable  miners  to  make  every  use  of  the  timber  on  mineral  lands  in 
the  development  of  their  mines  and  for  all  purposes  properly  classed  under  the  head 
of  mining,  and  miners  are  not  restricted  in  such  use  in  the  employment  of  timber  in 
the  mine  itself,  but  its  application  and  use  was  intended  to  be  granted  in  many  ways 
requisite  and  necessary  for  the  proper  development  of  the  industry. 

United  States  v.  United  Verde  Copper  Co.,  8  Ariz.  186,  p.  190;  71  Pac.  954. 

2.  STATES  IN  WHICH  CUTTING  IS  PERMITTED. 

This  statute  provides  that  bona  fide  residents  of  certain  States  and  Territories  and 
all  mineral  districts  are  permitted  to  cut  and  remove  for  building,  agricultural, 
mining,  or  other  domestic  purposes  any  timber  or  trees  growing  on  the  public  mineral 
lands  and  not  subject  to  entry  except  for  minerals. 

English  V.  United  States,  116  Fed.  625,  p.  626. 

This  act,  permitting  residents  of  Colorado,  Nevada,  and  the  Territories  and  other 
mineral  districts  of  the  United  States  to  cut  timber  for  certain  purposes  upon  the 
mineral  lands,  does  not  apply  to  California. 

United  States  v.  Benjamin,  21  Fed.  285,  p.  286. 

See  Yosemite  National  Park,  In  re,  25  L.  D.  48,  p.  51. 

This  statute  does  not  in  terms  apply  to  the  State  of  Oregon,  and  the  phrase  "other 
mineral  districts  of  the  United  States  "  is  not  intended  to  include  the  State  of  Oregon, 
as  there  is  no  such  mineral  districts  therein. 

United  States  v.  Smith,  11  Fed.  487,  p.  493 . 
United  States  v.  Benjamin,  21  Fed.  285,  p.  286. 
United  States  v.  English,  107  Fed.  867,  p.  868. 
English  V.  United  States,  116  Fed.  625,  p.  626. 


TIMBEE  CUTTING  FOR  MINING  PURPOSES,  PP.  1334-1353.  1339 


3.  MINING  DISTRICTS — MEANING. 

The  land  districtH  in  miniiiu;  StaloH  like  ('olorado  and  Nevada  are  (sometimca  npoken 
of  as  mineral  diKtrieLs  and  from  this  the  phrase  found  its  way  into  this  act,  and  while 
there  are  some  mineral  lands  and  mining  districts,  it  is  not  known  that  there  arc  any 
considerable  or  contiguous  sections  of  country  to  which  the  term  mineral  district" 
could  be  properly  applied,  and  there  is  none  to  which  it  is  applied  by  law. 

United  States  v.  Smith,  11  Fed.  487,  p.  491. 

If  mineral  districts  are  found  outside  of  the  States  and  Territories  named  in  the  act, 
such  districts  are  included  in  the  provisions  of  the  act  as  fully  as  if  the  States  con- 
taining such  mineral  districts  had  been  specifically  named. 

Instructions — Timber  Cutting,  1  L.  D.  600. 

The  words  "all  other  mineral  districts  of  the  United  States"  in  this  act  include 
the  mineral  districts  of  California,  and  the  rights  and  privileges  granted  to  the  citizens 
of  Colorado,  Nevada,  and  the  Territories  to  fell  and  remove  timber  for  mining,  agri- 
cultural, and  other  domestic  purposes  from  the  public  mineral  lands  are  given  to  the 
citizens  and  residents  of  the  mineral  districts  of  California. 

Timber  cutting,  In  re,  1  L.  D.  616,  p.  617. 

There  is  no  section  of  the  State  of  Oregon  known  and  defined  as  a  mineral  district. 
United  States  v.  Smith,  11  Fed.  487,  p.  490. 

4.  RESIDENTS  AUTHORIZED  TO  CUT. 

Bona  fide  residents  of  Colorado,  Nevada,  New  Mexico,  Arizona,  Utah,  Wyoming, 
Dakota,  Idaho,  and  Montana  are  authorized  to  cut  timber  growing  on  mining  lands 
for  certain  purposes. 

United  States  v.  Cojjper  Queen  Min.  Co.,  185  U.  S.  495,  p.  496. 
United  States  v.  United  Verde  Copper  Co.,  196  U.  S.  207,  p.  210. 
United  States  v.  Plowman,  216  U.  S.  372. 
See  United  States  v.  Budd,  43  Fed.  630,  p.  631. 

A  person  cutting  timber  on  mineral  lands  and  claiming  the  provisions  of  the  statute 
must  show  he  is  a  bona  fide  resident. 
Powers  V.  United  States,  119  Fed.  562,  p.  565. 

This  act  authorizes  any  citizen  of  the  United  States  and  any  bona  fide  resident 
of  the  State  of  Colorado  to  cut  and  remove  for  building,  agricultural,  mining,  or  other 
domestic  purposes  any  timber  or  trees  growing  upon  the  public  lands  where  such  lands 
are  mineral  and  not  subject  to  entry  except  for  mineral. 

Morgan  v.  United  States,  169  Fed.  242,  p.  243. 

The  language  used  in  this  act  includes  aliens  as  well  as  citizens,  if  they  are  bona 
fide  residents  of  the  States  and  Territories  and  districts  mentioned. 

United  States  v.  Copper  Queen  Min.  Co.,  7  Ariz.  80,  p.  86,  60  Pac.  885. 
See  United  States  v.  Copper  Queen  Min.  Co.,  185  U.  S.  495. 

A  foreign  corporation  doing  business  solely  within  the  State  of  Idaho  is  not  a  bona 
fide  resident  within  the  meaning  of  this  act,  and  is  not  authorized  or  permitted  to  cut 
timber  for  certain  purposes  on  the  public  mineral  lands. 

Centerville  Mining,  etc.,  Co.,  In  re,  39  L.  D.  80,  p.  85. 

This  act  authorizes  a  citizen  to  enter  upon  mineral  public  lands  opened  to  mineral 
entry  to  cut  timber  therefrom  for  mining  purposes. 
Bunker  Hill,  etc.,  Min.,  etc.,  Co.  v.  United  States,  226  U.  S.  548,  p.  549. 


1340  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


5.  LANDS  ON  WHICH  CUTTING  IS  PERMITTED, 
a.  MINERAL  CHARACTER. 

This  statute  is  not  limited  to  land  which  is  or  may  be  actually  occupied  for  mining 
purposes,  and  it  is  not  altogether  a  matter  of  finding  valuable  ore  or  metal  in  the  ground 
from  which  timber  is  taken  where  the  lands  described  are  in  a  mountain  region  in  the 
vicinity  of  valuable  mines,  and  some  indications  of  valuable  minerals  in  them,  and  are 
unfit  for  cultivation  or  pasturage. 

United  States  v.  Edwards,  38  Fed.  812,  p.  813. 
United  States  v.  Budd,  43  Fed.  630,  p.  631. 
United  States  v.  Mullan  Fuel  Co.,  118  Fed.  663,  p.  666. 
Morgan  v.  United  States,  169  Fed.  242,  p.  245. 

Lands  that  are  mountainous  or  broken  foothills,  mineral  in  character,  of  little  or 
no  value  except  for  mineral,  within  an  organized  mining  district,  itself  mineral  in 
character,  is  mineral  land  within  this  statute,  permitting  the  cutting  of  timber  for 
mining  purposes. 

United  States  v.  Richmond  Min.  Co.,  40  Fed.  415,  p.  418. 

The  right  of  a  person  to  cut  and  remove  timber  from  the  land  in  controversy  is 
dependent  upon  the  land  being  mineral  and  not  subject  to  entry  under  existing  laws 
of  the  United  States  except  for  mineral  entry. 

Lynch  v.  United  States,  138  Fed.  535,  p.  540. 

The  grant  of  permission  to  cut  timber,  when  construed  with  reference  to  the  condi- 
tions existing  when  the  statute  was  enacted,  extends  to  public  mineral  lands  not 
subject  to  entry  except  for  mineral  without  limitation  as  to  any  locality  and  subject 
to  regulation  by  rules  of  the  Secretary  of  the  Interior. 

United  States  v.  Edgar,  140  Fed.  655,  p.  660. 

This  statute  does  not  contemplate  or  require  that  before  a  citizen  can  enter  upon 
the  land  and  cut  and  remove  timber  there  must  have  been  an  actual  discovery  of 
mineral  and  development  work  showing  the  presence  all  over  it  of  valuable  mineral 
deposits. 

Morgan  v.  United  States,  169  Fed.  242,  p.  245. 

This  act,  authorizing  citizens  of  Colorado,  Nevada,  etc.,  to  use  timber  for  mining 
and  domestic  purposes,  applies  to  such  mineral  lands  as  are  not  subject  to  entry  under 
existing  laws  of  the  United  States,  except  for  mineral  entry  in  either  of  such  States. 

Truan,  In  re,  2  L.  D.  827. 

Tlie  mere  fact  that  portions  of  land  from  which  timber  was  cut  in  violation  of  this 
section  contained  particles  of  gold  or  other  valuable  deposits,  or  veins  of  gold  bearing 
quartz,  would  not  necessarily  Impress  it  with  the  character  of  mineral  land  as  defined 
by  the  statute  and  within  the  meaning  of  this  act,  but  it  must  be  shown  that  such  lands 
contain  metals  in  quantities  sufficient  to  render  it  available  and  valuable  for  mining 
purposes. 

United  States  v.  Copper  Queen  Min.  Co.,  7  Ariz.  80,  p.  85. 
See  United  States  v.  Copper  Queen  Min.  Co.,  185  U.  S.  495. 

Under  this  statute  timber  can  be  cut  on  lands  surveyed  and  described  as  having 
"broken  and  rocky  surface,  cut  up  by  ledges  and  ravines,  and  with  every  indication 
of  being  mineral  ground,"  and  shown  in  the  plat  of  the  Government  surveyor  as  min- 
eral land,  though  no  mines  have  been  actually  found  or  located  on  the  particular  sub- 
divisions from  which  the  timber  was  cut. 

United  States  v.  Edwards,  38  Fed.  812. 

United  States  v.  Mullan  Fuel  Co.,  118  Fed.  663,  p.  666. 

Morgan  v.  United  States,  169  Fed.  242,  p.  245. 


TIMBER  CUTTTNO  FOR  MTNTNfJ  PURPOSES,  PP.  1334-1353.  1341 


This  act  aiithorizca  citizons  to  f(^ll  and  remove  timber  from  tJie  jnihlic  domain  for 
mining  and  domestic  purposes,  but  does  not  limit  the  cutting  of  the  timber  to  min- 
eral lands. 

San  Juan  Lumber  Co.,  In  re,  2  L.  D.  824. 

b.  EXTENT  OP  MINERALS — PROOF. 

The  question  of  the  character  of  the  land  under  this  statute  is  always  one  of  fact, 
and  the  most  satisfactory  evidence  is  the  actual  use  to  which  such  land  has  been 
placed  by  those  who  occupy  it,  and  while  it  may  not  be  conclusive  evidence,  yet  the 
testimony  as  to  the  actual  use  of  such  land  tends  to  establish  its  character  and  is  rela- 
tive and  material  for  that  purpose. 

Lynch  v.  United  States,  138  Fed.  535,  p.  540. 

The  mere  appearance  of  mineral  and  the  mere  presence  of  color  here  and  there,  as 
in  a  placer  claim,  is  not  sufficient  to  constitute  land  mineral,  but  there  must  be  at 
least  sufficient  mineral  to  induce  mining  men  of  experience  to  go  upon  the  ground 
and  take  and  work  it  with  the  expectation  of  finding  mineral,  and  this  rule  applies 
particularly  to  a  country  or  district  that  had  during  long  series  of  years  been  thoroughly 
explored  and  prospected,  and  not  to  a  case  of  newly  discovered  mineral  country,  and 
the  circumstances  are  proper  to  be  considered  in  connection  with  the  alleged  good 
faith  of  a  person  cutting  timber  from  such  lands. 

Anderson  v.  United  States,  152  Fed.  87,  p.  92. 

Under  this  statute  a  person  may  lawfully  cut  timber  on  lands  situated  in  moun- 
tainous, barren  regions,  unadapted  to  agriculture  and  the  founding  of  homes,  and 
which  are  interspersed  with  gulches  and  narrow  valleys,  and  minerals  are  known  to 
exist  at  different  points  therein,  and  where  such  timber  may  be  essential  not  only 
for  direct  use  in  and  about  the  mines  to  be  opened  and  operated,  but  for  building 
homes  and  fences  for  the  use  of  the  people  desiring  to  occupy  and  develop  such  com- 
munities, and  where  such  lands  are  not  subject  to  entry  under  existing  laws  of  the 
United  States  except  for  mineral. 

Morgan  v.  United  States,  169  Fed.  242,  p.  246. 
See  United  States  v.  Basic  Co.,  121  Fed.  504. 
United  States  v.  Rossi,  133  Fed.  380. 

The  right  to  cut  timber  under  this  statute  should  not  be  restricted  to  the  spot  or 
minor  tract  of  land  on  which  mining  is  being  actually  done,  but  the  citizen  may  enter 
upon  and  take  timber  from  adjacent  lands,  they  being  mineral,  though  no  mining 
development  work  has  been  done  thereon,  and  in  this  sense  it  is  mineral  in  character 
if  contiguous  or  near  thereto  there  be  lands  on  which  mineral  has  been  actually  dis- 
covered by  development  work  and  the  land  in  question  be  of  like  topography  or 
delineation  with  the  same  surface  indication  of  what  is  known  as  a  lead  or  float  in  a 
placer  mining  region,  then  the  land  is  mineral  within  the  meaning  and  intent  of  this 
statute. 

Morgan  v.  United  States,  169  Fed.  242,  p.  247. 

If  land  is  worth  more  for  agriculture  than  mining,  it  is  not  mineral  land,  though  it 
may  contain  some  gold  or  silver. 
United  States  v.  Plowman,  216  U.  S.  372,  p.  374. 

C.  COAL  LANDS. 

Coal  lands  are  not  considered  mineral  lands  within  the  meaning  of  this  act  author- 
izing the  use  of  timber  upon  lands  in  Colorado,  Nevada,  and  certain  Territories  and 
mining  districts,  for  mining  purposes.  ' 

Truan,  In  re,  2  L.  D.  827. 


1342  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Where  coal  mines  exist  and  the  coal  can  be  utilized  for  fuel  purposes  the  department 
requires  that  such  coal  should  be  used  instead  of  timber  as  an  article  of  fuel. 
Gregg,  In  re,  2  L.  D.  827. 

d.  TIMBER  LANDS — WHAT  CONSTITUTES. 

Land  to  be  within  the  provision  of  this  act  must  be  in  its  present  state,  because  of 
its  timber  growth,  substantially  unfit  for  cultivation. 

United  States  v.  Budd,  144  U.  S.  154,  p.  167. 
Grenon  v.  Miller,  39  L.  D.  577,  p.  580. 

Timber  of  a  kind  useful  for  mining  purposes  and  in  such  location  with  reference 
to  mines  as  to  give  it  value  for  such  purposes,  and  to  make  the  value  of  the  land  in 
excess  of  its  present  value  for  agricultural  purposes,  makes  such  land  timber  land 
within  the  meaning  of  this  act. 

Grenon  v.  Miller,  39  L.  D.  577,  p.  579. 

The  matter  of  marketing  the  timber  is  not  to  be  a  material  factor  in  determining 
the  timber  character  of  land  under  this  act. 
Grenon  v.  Miller,  39  L.  D.  577,  p.  579. 

6.  PERSONS  AUTHORIZED  TO  CUT  AND  USE. 

Possession  of  a  mining  claim  confers  the  right  upon  locators  to  work  the  claim  for 
precious  metals,  but  confers  no  right  to  take  the  timber  thereon  except  as  it  may  be 
reasonably  necessary  in  legitimate  mining  operations,  as  the  mining  claim  does  not 
divest  the  legal  title  in  the  United  States  or  impair  his  right  to  protect  the  land  from 
trespass  and  waste. 

McQuillan  v.  Tanana  Electric  Co.,  3  Alaska  110,  p.  118. 
See  Teller  v.  United  States,  113  Fed.  273. 
Powers  V.  United  States,  119  Fed.  562. 

The  locator  of  a  mining  claim  has  the  right  to  cut  down  or  destroy  trees  where  they 
stand  in  the  way  of  the  process  of  mining. 

United  States  v.  Nelson,  27  Fed.  Cas.  86. 
Ladda  v.  Hawley,  57  Cal.  51,  p.  55. 

Not  only  is  the  authority  and  permission  to  fell  and  remove  timber  and  trees  ex- 
tended to  cover  only  the  public  mineral  lands,  susceptible  of  mineral  entry  alone, 
but  the  act  does  not  as  to  such  lands  secure  to  miners  of  the  vicinity  an  exclusive  right 
of  timber  appropriation. 

Gallagher  v.  Gray,  35  L.  D.  90,  p.  91. 

7.  USES  FOR  WHICH  CUTTING  IS  PERMITTED. 

a.   USES  NAMED  IN  STATUTE. 

See  20  Stat.  1095,  p.  11G4. 

The  uses  for  which  timber  may  be  cut  on  mineral  lands  are  for  building  purposes, 
agriculture,  mining,  or  other  domestic  purposes. 

United  States  v.  United  Verde  Copper  Co.,  196  U.  S.  207,  p.  211. 
See  United  States  v.  Edgar,  140  Fed.  655,  p.  659. 

A  citizen  of  the  United  States  resident  in  Colorado,  Nevada,  New  Mexico,  Arizona, 
Utah,  Wyoming,  Dakota,  Idaho,  or  Montana  may  cut  timber  on  mineral  lands  for 
agricultural,  mining,  or  other  domestic  purposes. 

United  States  v.  Lynde,  47  Fed.  297,  p.  302. 
Anderson  v.  United  States,  152  Fed.  87,  p.  89. 


TIMBER  CUTTING  FOR  MINING  PURPOSES,  PP.  1334-i:}53.  1848 


This  statute  permits  bona  fide  residents  or  mining  companies  to  cut  and  remove 
timber  from  mineral  lands  for  mining,  agricultural,  and  domestic  purposes,  in  accord- 
ance with  rules  and  regulations  adopted  by  the  Secretary  of  the  Interior. 

United  States  v.  Ilomestake  Min.  Co.,  117  Fed.  481,  p.  483. 
United  States  v.  Gentry,  119  Fed.  70,  p.  72. 
See  United  States  v.  Mullan  Fuel  Co.,  118  Fed.  663. 
Powers  V.  United  States,  119  Fed.  562,  p.  563. 

The  right  to  cut  timber  under  this  act  is  quite  narrow,  and  the  burden  of  proof  is 
on  the  party  claiming  the  right. 
United  States  v.  Plowman,  216  U.  S.  372,  p.  374. 

b.   REDUCTION,  SMELTING,   ROASTING,  ETC. 

Reduction  of  ore,  whether  mined  or  purchased,  and  refining  the  products  thereof, 
is  mining,  within  this  statute  permitting  the  cutting  of  timber  for  mining  purposes. 
United  States  v.  Richmond  Min.  Co.,  40  Fed.  415,  p.  419. 

As  quartz  mills  and  reduction  works  are  indispensable  to  a  mining  community  the 
cutting  of  the  timber  and  the  use  in  such  mills  and  works  of  such  timber  is  clearly 
within  the  provisions  of  the  statute,  and  the  consumer  is  as  fully  protected  by  it  as 
if  he  consumed  it  in  his  dwelling. 

Hardin,  In  re,  1  L.  D.  597,  p.  598. 

Under  this  act  timber  on  mining  lands  may  be  cut  and  used  for  smelting  purposes, 
as  this  is  included  in  the  term  ' '  or  other  domestic  purposes. ' ' 

United  States  v.  United  Verde  Copper  Co.,  196  U.  S.  207,  p.  213. 
United  States  v.  Richmond  Min.  Co.,  40  Fed.  415. 
See  United  States  v.  Edgar,  140  Fed.  655,  p.  658. 

A  company  that  extracts  the  ore  from  its  mine,  carries  that  part  needing  such  treat- 
ment to  the  roasting  dump,  and  uses  wood  in  roasting  therefrom  sulphur,  arsenic, 
and  other  volatile  substances,  and  then  runs  the  ore  through  its  reduction  plant 
and  converts  the  same  into  a  merchantable  product,  the  extraction  of  such  ore  from 
the  mines,  the  roasting  of  it  upon  the  dumps  preparatory  for  its  final  reduction  in 
the  furnace  and  their  reduction  plants  established  for  such  purpose,  is  clearly  a  part 
of  mining,  and  the  whole  process  of  such  extraction  and  preparation  taken  together 
is  within  the  protection  of  this  act. 

United  States  v.  United  Verde  Copper  Co.,  8  Ariz.  186,  p.  194. 

The  roasting  of  ore  is  a  part  of  the  process  of  mining  and  for  which  timber  on  mineral 
lands  may  be  cut  and  used. 

United  States  v.  United  Verde  Copper  Co.,  196  U.  S.  207,  p.  212. 

This  act  makes  provision  in  certain  States  and  Territories  for  the  free  cutting  of 
timber  on  public  lands  that  are  known  to  be  of  a  strictly  mineral  character  for  the  par- 
ticular uses  named  in  the  act,  and  regulations  against  cutting  timber  to  be  used  for 
smelting  purposes  are  invalid. 

White,  In  re,  34  L.  D.  78,  p.  79. 

See  City  and  County  of  Beaver,  In  re,  34  L.  D.  112. 

A  corporation  engaged  in  mining  and  refining  bullion  may  purchase  for  its  uses 
wood  and  charcoal  made  from  timber  cut.from  public  mineral  lands. 

United  States  v.  Richmond  Min.  Co.,  40  Fed.  415. 
United  States  v.  Mullan  Fuel  Co.,  118  Fed.  663,  p.  666. 

C.  DOMESTIC  PURPOSES — MEANING. 

The  term  "other  domestic  purposes"  is  not  used  in  this  statute  in  the  narrow  sense 
of  household  purposes,  but  in  the  broader  sense  of  other  industries  in  the  locality, 


1344  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


including  the  right  of  persons  cutting  and  removing  timber  to  sell  it  for  domestic 
consumption  as  contradistinguished  from  exportation  from  the  State. 

United  States  v.  United  Verde  Copper  Co.,  196  U.  S.  207,  p.  215. 

Morgan  v.  United  States,  169  Fed.  242,  p.  246. 

See  United  States  v.  Richmond  Min.  Co.,  40  Fed.  415. 

d.  EXPORTING  PROHIBITED. 

A  locator  of  a  mining  claim  or  a  person  in  possession  of  mineral  lands  is  authorized 
to  cut  and  remove  therefrom  any  and  all  timber  and  trees  growing  thereon  for  build- 
ing, agricultural,  mining,  or  other  domestic  purposes,  but  is  prohibited  from  exporting 
such  timber  from  the  State. 

Morgan  v.  United  States,  169  Fed.  242,  p.  244. 

e.  POWER  TO  SELL,  BUY,  OR  EMPLOY  OTHERS  TO  CUT. 

Miners  and  others  inhabiting  mining  districts  have  the  right  to  cut  or  employ  others 
to  cut  the  timber  from  the  mineral  lands  of  the  United  States  for  domestic  purposes. 
Breman,  In  re,  2  L.  D.  823. 

This  act  authorizes  the  cutting  of  timber  on  the  mineral  lands  of  the  United  States 
for  domestic  uses,  and  it  is  not  supposed  that  Congress  intended  to  say  to  the  inhabi- 
tants of  the  mineral  regions  that  they  might  cut  timber  for  their  own  use,  yet  they  could 
not  employ  others  to  cut  timber  for  them  or  purchase  it  from  others  who  had  cut  and 
prepared  it  for  use. 

Hardin,  In  re,  1  L.  D.,  597. 

f.  SAWMILL  OWNERS — DISPOSAL  OF  LUMBER. 

The  owner  or  manager  of  a  sawmill  shall  not  sell  or  dispose  of  timber  or  lumber  made 
from  such  timber  without  taking  from  the  purchaser  his  written  agreement  that  the 
same  is  not  to  be  used  except  for  building,  agricultural,  mining,  or  other  domestic 
purposes,  and  it  is  not  a  compliance  with  this  rule  to  obtain  such  an  agreement  three 
months  after  the  sale  or  disposal  of  the  timber  or  lumber,  as  the  object  of  the  rule  was 
to  require  the  person  who  was  taking  timber  from  the  mineral  lands  to  keep  a  record 
of  his  transactions  and  written  agreements  from  his  purchasers  to  the  end  that  the 
inspectors  of  the  Government  might  see  by  the  examination  of  these  writings  whether 
or  not  he  was  complying  with  the  act  of  Congress,  but  the  reduction  of  the  agreement 
to  writing  within  a  few  hours  after  the  sale  or  disposal  might  be  a  reasonable  compliance 
with  the  regulation,  as  it  is  not  imperative  that  the  agreement  should  be  written  and 
signed  at  the  very  instant  of  the  sale,  but  it  must  be  at  substantially  the  time  the  tim- 
ber is  sold  and  disposed  of. 

United  States  v.  Gentry,  119  Fed.  70,  p.  72. 

Where  timber  was  taken  from  mineral  lands  then  the  cull  or  rejected  lumber  may  be 
disposed  of  by  millmen  or  contractors  to  miners,  settlers,  and  other  bona  fide  residents 
of  Colorado. 

Timber  Cutting— Mill  Men,  In  re,  1  L.  D.  600,  pp.  612,  613,  618. 

8.  REGULATIONS  AS  TO  CUTTING, 
a.  AUTHORITY  AND  EFFECT. 

This  statute  gives  the  right  to  cut  trees  under  such  rules  and  regulations  as  the  Sec- 
retary of  the  Interior  may  provide  for  the  protection  of  the  timber  and  undergrowth 
growing  upon  such  lands  and  for  other  purposes,  and  compliance  with  such  rules  and 


TIMBER  cirn INC  Foi;  iviiNTNd  piiiM'osKS,  iM\  1  :j:{4-i .{f).;.  I,'i45 


regulations  adopted  by  the  Secretary  of  the  Interior  is  necessary  in  order  to  give  a 
license  to  cut  trees  or  timber,  and  such  license  must  be  specially  pleaded  as  a  defense 
in  an'  action  for  cutting  timber. 

United  States  v.  MuUan  Fuel  Co.,  118  Fed.  663,  p.  665. 

See  United  States  v.  Homestake  Min.  Co.,  117  Fed.  481,  p.  488. 

The  rules  and  regulations  provided  by  the  act  to  be  prescribed  by  the  Secretary 
of  the  Interior  were  only  intended  to  furnish  detailed  instruction  as  to  the  manner  of 
taking  the  timber  to  prevent  waste  and  unnecessary  destruction,  and  such  rules  and 
regulations  can  not  take  the  place  or  exceed  the  terms  and  requirements  of  the  statute. 

United  States  v.  Rossi,  133  Fed.  380,  p.  384. 
See  United  States  v.  Edgar,  140  Fed.  655,  p.  658. 

b.  VALIDITY — RESTRICTING  STATUTE. 

This  statute  concerns  the  public  good  or  the  general  welfare  and  pertains  to  the 
citizens  and  bona  fide  residents  of  the  States  and  Territories  named  therein  and  should 
be  liberally  construed,  and  it  will  not  be  supposed  that  Congress  intended  to  give  the 
Secretary  of  the  Interior  the  power  to  annul  or  limit  its  effect. 

United  States  v.  Mullan  Fuel  Co.,  118  Fed.  663,  p.  667. 

This  act  clothes  the  Secretary  of  the  Interior  with  power  to  prescribe  rules  and 
regulations  concerning  the  cutting  and  removal  of  timber,  but  he  has  no  power  to 
enlarge  or  restrict  the  purposes  expressed  in  the  act  for  which  timber  may  be  cut. 

United  States  v.  United  Verde  Copper  Co.,  8  Ariz.  186,  pp.  188,  190. 

The  regulation  of  the  Secretary  of  the  Interior  prohibiting  the  cutting  of  timber  on 
mineral  lands  is  an  unauthorized  restriction  of  the  statute  and  therefore  void. 

United  States  v.  United  Verde  Copper  Co.,  196  U.  S.  207,  p.  211! 
See  United  States  v.  Edgar,  140  Fed.  655,  p.  659. 

The  rules  and  regulations  authorized  by  the  Secretary  of  the  Interior  under  this 
section  can  not  limit  the  rights  granted  by  the  statute,  and  he  is  not  authorized  to 
make  any  distinction  between  the  lands  designated  as  being  mineral  in  the  statute 
and  lands  designated  by  him  as  '  'strictly  mineral." 

United  States  v.  Mullan  Fuel  Co.,  118  Fed.  663,  p.  665. 
United  States  v.  Copper  Queen  Min.  Co.,  7  Ariz.  80,  p.  89. 
See  United  States  v.  Copper  Queen  Min.  Co.,  185  U.  S.  495. 

The  rules  and  regulations  adopted  by  the  Secretary  of  the  Interior  under  this  statute 
upon  the  subject  of  cutting  and  disposing  of  cordwood  should  be  reasonable  and 
designed  to  promote  the  policy  of  Congress  as  indicated  by  this  statute. 

United  States  v.  Mullan  Fuel  Co.,  118  Fed.  663,  p.  667. 
See  Anchor  v.  Howe,  50  Fed.  366. 

C.  REGULATIONS  AS  TO  SIZE  OF  TREES. 

According  to  the  regulations  prescribed  under  this  act  the  cutting  of  trees  is  limited 
to  those  less  than  8  inches  in  diameter. 
Timber  Cutting,  In  re,  1  L.  D.  600,  pp.  602,  616,  617,  618. 

The  rules  and  regulations  promulgated  by  the  Secretary  of  the  Interior  prohibiting 
the  cutting  of  timber  under  8  inches  in  diameter  on  mineral  lands  are,  in  effect,  a  part 
of  this  statute,  and  a  person  cutting  timber  in  violation  of  such  rules  is  not  relieved 
from  liability  because  these  rules  were,  pending  a  prosecution  for  such  violation, 
repealed,  as  the  cutting  of  timber  was  a  trespass  for  which  the  defendant  was  liable. 

United  States  v.  Williams,  8  Mont.  85,  p.  87. 
See  United  States  v.  Williams,  6  Mont.  379. 


1346  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


d.  REGULATION  AS  TO  SAWMILL  OWNERS. 

The  regulations  of  the  Secretary  of  the  Interior  require  every  owner  or  manager  of 
a  sawmill  or  persons  cutting  timber  to  keep  a  record  showing  the  time  when  cut,  names 
of  parties  cutting,  description  of  the  land,  mineral  character  of  the  land,  kind  and 
quality  of  lumber  manufactured  therefrom  and  requiring  him  to  take  a  written  agree- 
ment from  the  purchaser  that  the  same  should  not  be  used  except  for  building,  agri- 
cultural, mining,  or  other  domestic  purposes. 

Powers  V.  United  States,  119  Fed.  562,  p.  563. 
United  States  v.  Basic  Co.,  121  Fed.  504,  p.  505. 

The  regulations  of  the  Secretary  of  the  Interior  under  this  act  requiring  every  owner 
or  manager  of  a  sawmill  or  other  person  cutting  timber  under  the  provisions  of  this 
act  to  keep  a  record,  contemplate  the  keeping  of  such  record  only  by  persons  who 
make  a  business  of  cutting  timber  on  mineral  lands  and  selling  it,  or  who  are  engaged 
to  a  considerable  extent  in  such  business,  and  they  do  not  apply  to  settlers  engaged 
chiefly  in  other  pursuits  who  cut  small  quantities  of  timber  from  mineral  lands  occu- 
pied by  them. 

United  States  v.  Mullan  Fuel  Co.,  118  Fed.  663,  p.  666. 

9.  DUTY  OF  REGISTERS  AND  RECEIVERS. 

Section  2  of  this  act  requires  registers  and  receivers  to  ascertain  if  any  timber  has 
been  unlawfully  cut  on  mineral  lands,  and  if  so,  to  notify  the  Commissioner  of  the  Gen- 
eral Land  Office. 

United  States  v.  United  Verde  Copper  Co.,  196  U.  S.  207,  p.  211. 

10.  PLACER  LOCATIONS — FRAUDULENT  DESIGN  FOR  TIMBER  CUTTING. 

Placer  mining  locations  can  not  be  made  as  a  blind  to  cover  contemplated  timber 
cutting. 

Anderson  v.  United  States,  152  Fed.  87,  p.  89. 

In  an  action  to  recover  the  value  of  timber  alleged  to  have  been  unlawfully  cut 
from  the  public  lands,  where  the  defendant  justifies  on  the  ground  that  the  land  was 
mineral  in  character  and  the  timber  cut  for  mining  purposes,  it  is  competent  to  show 
that  the  defendant  located  some  1,200  acres  of  land  as  placer  mining  claims  in  the 
names  of  his  friends  and  members  of  his  family,  and  that  all  the  land  was  covered  with 
valuable  timber  and  that  no  effort  was  made  to  work  or  develop  such  placer  claims 
except  to  perform  the  assessment  work  necessary  to  hold  them,  where  it  also  appeared 
in  evidence  that  there  was  not  a  paying  mine  either  placer  or  quartz  in  the  entire 
region  of  country  in  which  such  timber  was  cut,  and  that  where  ledge  mines  had  been 
formerly  located  and  abandoned  and  where  practically  no  ore  had  been  taken  or 
shipped  from  that  particular  part  of  the  country  in  nearly  a  score  of  years. 

Anderson  v.  United  States,  152  Fed.  87,  p.  91. 

Where  a  locator  has  located  more  than  a  thousand  acres  of  land  as  placer  mining 
claims  in  the  names  of  his  friends  and  members  of  his  family,  and  has  cut  from  such 
lands  the  valuable  timber  with  which  it  was  covered,  a  jury  in  an  action  for  the 
unlawful  cutting  of  such  timber  may  consider  the  fact  that  such  locator  has  done 
nothing  in  the  way  of  working  or  developing  the  mining  claims  except  to  perform  the 
necessary  assessment  work. 

Anderson  v.  United  States,  152  Fed.  87,  p.  92. 

The  qualified  locator  of  a  placer  mine  has  a  means  of  protecting  the  timber  growing 
on  his  claim  and  recovering  damages  from  a  trespasser  who  cuts  and  removes  the  same. 

McQuillan  v.  Tanana  Electric  Co.,  3  Alaska  110,  p.  120. 
See  Rogers  v.  Soggs,  22  Cal.  444. 

McFeters  v.  Pierson,  15  Colo.  201. 

McDonald  v.  Montana  Wood  Co.,  14  Mont.  88. 


TIMBER  CUTTING  FOR  MINING  PURrOSES,  PP.  1.334-1353.     134  7 


II.   ACTION   FOll  DAMAGES, 
a.  EVIDENCE  AS  TO  MINERAL  CHARACTER  OP  LAND. 

Evidence  is  admissible  in  an  action  by  the  United  States  for  trespass  in  cutting 
timber  to  show  that  the  timber  cut  was  from  mineral  claims  and  that  the  lands  were 
in  fact  mineral  in  character,  and  that  it  was  cut  under  contract  or  permits  from  the 
locators  of  mining  claims,  as  permitted  under  the  statute,  for  the  purpose  of  establish- 
ing a  rule  as  to  the  measure  of  damages,  though  the  defendant  had  not  strictly  complied 
with  all  the  rules  and  regulations  of  the  Land  Department  for  the  protection  of  timber. 

Gentry  v.  United  States,  101  Fed.  51,  p.  53. 
See  United  States  v.  Gentry,  119  Fed.  70. 

In  an  action  by  the  Government  to  recover  the  value  of  timber  wrongfully  and 
unlawfully  cut  from  the  public  domain  reference  may  properly  be  had  to  the  records 
of  the  Land  Office,  where  the  nature  of  the  land  in  controversy  is  a  question  in  issue, 
for  the  purpose  of  determining  the  character  of  such  lands. 

United  States  v.  Van  Winkle,  113  Fed.  903,  p.  905. 
Morgan  v.  United  States,  169  Fed.  242,  p.  247. 

In  an  action  by  the  United  States  to  recover  the  value  of  timber  cut  from  the  public 
domain,  evidence  is  properly  admissible  to  show  the  mineral  character  not  only  of 
the  land  from  which  the  timber  was  cut,  but  also  to  show  the  mineral  character  of  other 
lands  in  the  same  vicinity  for  the  purpose  of  showing  the  extent  of  the  mineral  district. 

United  States  v.  Rossi,  133  Fed.  380,  p.  381. 

b.  DEPENSE^ — EVIDENCE  OP  GOOD  FAITH. 

The  test  to  determine  whether  one  is  a  willfid  or  innocent  trespasser  is  not  his 
violation  of  law  in  the  Ught  of  the  maxim  that  every  man  must  know  the  law,  but 
his  honest  belief  and  his  actual  intention  at  the  time  he  committed  the  alleged  tres- 
pass; but  neither  a  justification  of  the  acts  nor  any  other  complete  defense  is  essential 
to  the  proof  that  the  person  committing  such  acts  was  not  a  willful  trespasser. 

United  States  v.  Homestake  Min.  Co.,  117  Fed.  481,  p.  486. 
Durant  Min.  Co.  v.  Percy  Consol.  Min.  Co.,  93  Fed.  166,  p.  168. 
United  States  v.  Van  Winkle,  113  Fed.  903,  p.  905. 
Gentry  v.  United  States,  101  Fed.  51,  p.  54. 

In  an  action  by  the  Government  to  recover  the  value  of  wood  or  lumber  made  from 
trees  and  timber  wrongfully  cut  on  mineral  lands,  the  defendant  may  introduce 
evidence  of  innocence  and  good  faith  in  mitigation  of  damages  under  the  general 
denial  or  a  plea  of  justification. 

United  States  v.  Homestake  Min.  Co.,  117  Fed.  481,  p.  490. 
United  States  v.  Van  Winkle,  113  Fed.  903,  p.  905. 
Gentry  v.  United  States,  101  Fed.  51,  p.  54. 

In  an  action  for  wrongfully  and  unlawfully  cutting  timber  on  the  public  domain  a 
defendant  may  show  that  in  cutting  the  timber  he  acted  under  what  he  believed  to  be 
the  lawful  authority  of  the  United  States,  and  it  is  the  province  of  the  jury  to  deter- 
mine whether  his  action  was  in  good  faith  and  to  measure  the  damages  accordingly, 
and  if  they  find  he  acted  in  good  faith  the  verdict  should  be  for  the  value  of  the 
timber  as  cut  and  not  as  manufactured  into  lumber. 

•  United  States  v.  Van  Winkle,  113  Fed.  903,  p.  905. 
See  Gentry  v.  United  States,  101  Fed.  51. 

In  an  action  of  trespass  by  the  United  States  for  damages  for  cutting  timber  evi- 
dence is  admissible  for  the  purpose  of  showing  whether  the  trespass  was  intentional 
or  unintentional  and  in  the  honest  belief  that  the  defendant  was  lawfully  exercising 
a  right  which  he  had  or  whether  he  was  acting  with  the  willful  intention  of  taking 
property  to  which  he  knew  he  had  no  right. 

Gentry  v.  United  States,  101  Fed.  51,  p.  53. 
See  United  States  v.  Gentry,  119  Fed.  70. 


1348  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


In  an  action  by  the  United  States  for  damages  for  the  willful  cutting  of  timber  in 
violation  of  this  statute  a  defendant  may  prove,  in  order  to  prevent  the  assessment  of 
punitive  or  exemplary  damages,  that  he  acted  under  the  advice  of  reputable  counsel. 

United  States  v.  Mullan  Fuel  Co.,  118  Fed.  663,  p.  667. 

United  States  v.  Homestake  Min.  Co.,  117  Fed.  481,  p.  488. 

C.   BURDEN  OF  PROOF. 

In  an  action  by  the  United  States  to  recover  for  cutting  and  taking  timber  on  the 
public  domain  the  burden  is  on  the  defendant  to  show  that  the  timber  was  taken  for 
the  purposes  prescribed  by  the  act,  and  in  the  manner  directed  by  the  rules  and 
regulations  of  the  Secretary  of  the  Interior. 

United  States  v.  Basic  Co.,  121  Fed.  504,  p.  508. 

A  person  charged  with  cutting  timber  in  violation  of  this  statute  is  not  required  to 
prove  that  the  apparent  character  of  the  land  was  such  as  to  inspire  in  an  experienced 
miner  the  belief  that  he  could  work  it  as  a  mine  at  a  profit,  and  whether  or  not  the 
land  was  mineral  within  the  meaning  of  the  statute  is  a  question  of  fact  to  be  inferred 
from  its  surroundings  and  appearances. 

Morgan  v.  United  States,  169  Fed.  242,  p.  248. 

d.   WILLFUL  TRESPASS— PROOF  AND  PRESUMPTION. 

In  an  action  for  damages  for  a  trespass  for  cutting  timber  on  public  lands,  alleged 
to  have  been  committed  willfully,  knowingly,  and  without  any  permit  or  authority 
from  the  Secretary  of  the  Interior,  or  without  any  authority  or  permit  whatever,  the 
Government  must  prove  a  willful  trespass  in  order  to  entitle  it  to  recover  the  value  of 
the  manufactured  lumber  or  wood,  even  in  the  absence  of  an  answer,  and  the  legal 
presumption  of  a  willful  trespass  from  an  unexplained  cuttiug  may  be  completely 
overcome  by  the  evidence  on  the  part  of  the  Government  and  the  recovery  limited 
to  the  value  of  the  wood  and  timber  in  the  trees. 

United  States  v.  Homestake  Min.  Co.,  117  Fed.  481,  p.  489. 

The  taking  of  timber  from  the  public  lands  raises  the  presumption  that  it  was 
willfully  and  intentionally  taken,  but  it  is  a  disputable  presumption  of  fact  which  may 
be  overcome  by  proof. 

United  States  v.  Homestake  Min.  Co.,  117  Fed.  481,  p.  486. 

The  general  rule  is  that  a  person  taking  timber  from  the  lands  of  the  United  States 
is  a  willful  trespasser,  but  this  statute  carves  an  exception  out  of  the  rule  and  gives  to 
the  bona  fide  residents  of  certain  States  the  lawful  authority  to  cut  and  remove  timber 
from  mineral  lands  for  certain  purposes  subject  to  the  rules  prescribed  by  the  Secretary 
of  the  Interior,  and  the  bona  fide  resident  must  fairly  and  fully  comply  with  the 
requirements  of  the  act  and  the  rules  promulgated  by  the  Secretary  in  order  to  except 
himself  from  the  claims  of  trespassers. 

United  States  v.  Gentry,  119  Fed.  70,  p.  74. 

e.   WILLFUL  TRESPASS — MEASURE  OF  DAMAGES. 

In  an  action  for  damages  for  a  trespass  for  cutting  timber  on  public  lands,  where  the 
trespass  was  willful  and  intentional,  the  measure  of  damages  is  the  value  of  the  manu- 
factured lumber  or  wood,  but  where  the  trespass  was  committed  under  a  mistaken 
belief  of  his  right  to  do  so,  on  the  part  of  the  alleged  trespasser,  the  measure  of  damages 
is  the  value  of  the  wood  or  timber  in  the  trees. 

Powers  V.  United  States,  119  Fed.  562,  p.  567. 
Bolles  Wooden  Ware  Co.  v.  United  States,  106  U.  S.  432. 
Benson  Min.,  etc.,  Co.  v.  Alta  Min.,  etc.,  Co.,  145  U.  S.  428. 
United  Srates  v.  Mock,  149  U.  S.  273. 


TIMBER  CUTTIN(3  FOR  MININ(J  PURPOSES^  PP.  I'SM-Vm.  1849 

Fisher  v.  Brown,  70  Fed.  570. 

Gentry  v.  United  States,  101  Fed.  51. 

United  Stiitea  v.  Van  Winkle,  113  Fed.  903. 

United  States  v.  llomestake  Min.  (\).,  1 17  Fed.  481,  p.  482,  489. 

United  States  v.  ('aughanour,  133  Fed.  224,  p.  225. 

See  United  States  v.  JUtter  Root  Dev.  Co.,  133  Fed.  274,  p.  278. 

United  States  v.  Gentry,  119  Fed.  70. 

Morgan  v.  United  States,  169  Fed.  242,  p.  250. 

See  Bly  v.  United  States,  3  Fed.  Cas.  767. 

A  person  cutting  and  disposing  of  timber  on  a  mining  claim  can  not  be  held  in  dam- 
ages as  a  willful  trespasser  merely  because  he  failed  to  keep  a  record  of  the  details  of 
the  transaction  as  prescribed  by  the  regulations  of  the  Secretary  of  the  Interior,  where 
he  believed  he  was  a  resident,  and  his  failure  to  keep  such  record  was  due  to  his  igno- 
rance that  it  was  required . 

Powers  V.  United  States,  119  Fed.  562,  p.  568. 

f.  RIGHT  OF  UNITED  STATES  TO  RECOVER. 

There  can  be  no  recovery  by  the  United  States  for  timber  cut  on  a  mining  claim 
and  on  mineral  land  where  such  timber  was  cut  in  preparing  for  and  in  mining  such 
land. 

United  States  v.  Ellis,  122  Fed.  1016,  p.  1018. 

The  United  States  can  not  sue  and  recover  from  a  trespasser  for  timber  cut  by  him 
on  mineral  land,  where  the  same  is  cut  under  a  homestead  entry  or  residence,  unless 
the  land  is  tlirown  back  upon  the  United  States  impaired  in  value. 

United  States  v.  Ellis,  122  Fed.  1016,  p.  1017. 

The  United  States  can  not  recover  for  timber  cut  on  unsurveyed  land  within  the 
limits  of  a  railroad  grant,  and  which,  when  surveyed,  would  fall  within  the  limits  of 
an  odd-numbered  section,  as  the  Government  had  parted  with  its  title  to  such  section. 

United  States  v.  MuUan  Fuel  Co.,  118  Fed.  663,  p.  664. 
See  Buttz  v.  Northern  Pac.  R.  Co.,  119  U.  S.  55. 

Northern  Pac.  R.  Co.  v.  Cannon,  46  Fed.  237. 

Denny  v.  Dodson,  32  Fed.  Cas.  899. 

Parties  cutting  timber  prior  to  the  date  of  this  act  will  not  be  proceded  against  if  the 
cutting  would  not  be  unlawful  if  done  after  the  enactment  thereof. 
Breman,  In  re,  2  L.  D.  823,  p.  824. 

g.  LIABILITY  OF  RAILROAD  COMPANY, 

This  statute  expressly  denies  to  railroad  companies  the  right  to  cut  timber  on  the 
public  mineral  lands  for  any  purposes. 
United  States  v.  Eureka,  etc.,  R.  Co.,  40  Fed.  419,  p.  421. 

A  railroad  company  is  liable  for  timber  or  wood  bought  by  it  for  fuel  from  persons 
who  cut  it  from  the  public  mineral  lands. 
United  States  v.  Eureka,  etc.,  R.  Co.,  40  Fed.  419,  p.  421. 

A  railroad  company  has  no  greater  right  to  take  timber  for  construction  purposes 
from  mineral  public  lands  than  from  agricultural  public  lands,  as  this  section  expressly 
provides  that  its  provisions  shall  not  extend  to  railroad  corporations. 

Hall,  In  re,  2  L.  D.  814. 

h.  CRIMINAL  LIABILITY — INTENT, 

Under  an  indictment  for  cutting  timber  on  mineral  lands  for  an  unauthorized  pur- 
pose the  intent  is  wholly  immaterial. 
United  States  v.  Reder,  69  Fed.  965. 


1350  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

This  statute  repealed  in  part  section  2461,  and  modified  the  intent  necessary  to  make 
cutting  or  removing  of  timber  from  the  public  land  an  offense,  and  narrows  such  intent 
to  a  purpose  to  export  or  dispose  of  the  same, 

Morgan  v.  United  States,  148  Fed.  189,  p.  193. 

26  STAT.  1093,  1  SUPP.  R.  S.  939,  MARCH  3,  1891. 

TIMBER  CUTTING  ON  MINERAL  LANDS— AMENDMENT. 

(26  Stat.  1095,  p.  1099,  sec.  8.) 

AN  ACT  To  amend  section  8  of  chapter  561  of  an  act  approved  March  3, 1891,  entitled 
''An  act  to  repeal  timber-culture  laws,  and  for  other  purposes." 

Be  it  enacted,  etc.,  That  section  8  of  an  act  entitled  ^'An  act  to 
repeal  timber-culture  laws,  and  for  other  purposes,''  approved  March 
3,  1891,  be,  and  the  same  is  hereby,  amended  so  as  to  read  as  follows: 

''Sec.  8.  That  suits  by  the  United  States  to  vacate  and  annul  any 
patent  heretofore  issued  shall  only  be  brought  within  five  years  from 
the  passage  of  this  act,  and  suits  to  vacate  and  annul  patents  here- 
after issued  shall  only  be  brought  within  six  years  after  the  date  of 
the  issuance  of  such  patents. 

''And  in  the  States  of  Colorado,  Montana,  Idaho,  North  Dakota 
and  South  Dakota,  Wyoming,  and  the  District  of  Alaska,  and  the 
gold  and  silver  regions  of  Nevada  and  the  Territory  of  Utah  in  any 
criminal  prosecution  or  civil  action  by  the  United  States  for  a  tres- 
pass on  such  public  timber  lands  or  to  recover  timber  or  lumber  cut 
thereon,  it  shall  be  a  defense  if  the  defendant  shall  show  that  the 
said  timber  was  so  cut  or  removed  from  the  timber  lands  for  use  in 
such  State  or  Territory  by  a  resident  thereof  for  agricultural,  mining, 
manufacturing,  or  domestic  purposes  under  rules  and  regulations 
made  and  prescribed  by  the  Secretary  of  the  Interior,  and  has  not 
been  transported  out  of  the  same,  but  nothing  herein  contained  shall 
operate  to  enlarge  the  rights  of  any  railway  company  to  cut  timber 
on  the  pubHc  domain,  provided,  that  the  Secretary  of  the  Interior 
may  make  suitable  rules  and  regulations  to  carry  out  the  provisions 
of  this  act,  and  he  may  designate  the  sections  or  tracts  of  land  where 
timber  may  be  cut,  and  it  shall  not  be  lawful  to  cut  or  remove  any 
timber  except  as  may  be  prescribed  by  such  rules  and  regulations, 
but  this  act  shall  not  operate  to  repeal  the  act  of  June  3,  1878,  pro- 
viding for  the  cutting  of  timber  on  mineral  lands." 

A.  TIMBER-CUTTING  ACT— AMENDMENT. 

1.  Power  to  permit  cutting. 

2.  Purpose  for  which  timber  is  cut. 

3.  Privilege  of  cutting  timber  not  repealed. 

4.  Criminal  prosecution— Defense. 

1.  power  to  permit  cutting. 

The  policy  of  permitting  the  carrying  on  of  extensive  businesses  in  the  manufacture 
and  sale  of  lumber  not  only  to  the  miners  but  for  all  the  uses  of  the  cities  which  may 
grow  up  by  reason  of  the  mining  industry,  and  without  compensation  to  the  Govern- 
ment for  the  timber  cut  for  such  lumber,  rests  with  Congress  and  not  with  the  courts. 

United  States  v.  Rossi,  133  Fed.  380. 
United  States  v.  Edgar,  140  Fed.  655,  p.  661. 


TIMBER  CUTTING  FOR  MINING  PURPOSES,  PP.  1334-i:j53.  1351 

2.  PUllPOSE  FOR  WHICH  TIMBER  IS  CUT. 

The  laiifi^iuyujc  of  this  act  perinits  the  ciittinjjj  of  timber  for  af^riciiltiiral,  mining, 
maniifactiirinu;,  or  dojuestif  purposes  and  omits  tlie  word  ''other"  found  in  tlie  act 
of  June  3,  1878  (20  Stat.  88),  and  the  act,  as  worded,  autliorizes  the  cutting  and  use 
of  timber  on  public  lands  for  smelting  purposes,  as  tliis  is  a  domestic  industry  having 
relation  to  the  industries  specifically  enumerated. 

White,  In  re,  34  L.  D.  78,  pp.  80,  82. 

See  United  States  v.  United  Verde  Copper  Co.,  196  U.  S.  207. 
City  and  County  of  Beaver,  In  re,  34  L.  1).  112,  p.  113. 

3.  PRIVILEGE  OF  CUTTING  TIMBER  NOT  REPEALED. 

This  statute  and  the  subsequent  amendment  of  1901  show  that  Congress  by  the 
amendment  of  August  4,  1892  (27  Stat.  348),  did  not  intend  to  repeal  the  privilege 
granted  to  cut  timber  by  the  original  act  of  June  3,  1878. 

United  States  v.  Price  Trading  Co.,  109  Fed.  239,  p.  248. 
United  States  v.  Edgar,  140  Fed.  655,  p.  660. 

By  the  act  of  August  4,  1892  (27  Stat.  348),  this  statute  and  the  act  of  June  3,  1878 
(20  Stat.  89),  were  amended  by  making  section  4  of  the  latter  act  extend  to  all  public- 
land  States,  and  this  included  the  State  of  Colorado. 

Stubbs  V.  United  States,  111  Fed.  366,  p.  368. 

4.  CRIMINAL  PROSECUTION  DEFENSE. 

This  statute  provides  that  in  a  criminal  prosecution  or  civil  action  for  a  trespass  in 
cutting  timber  on  public  lands  in  certain  States  and  Territories,  and  in  certain  por- 
tions of  other  States  and  Territories,  the  defendant  may  show  that  the  timber  alleged 
to  be  cut  or  removed  was  so  cut  or  removed  for  use  by  a  resident  for  agricultural, 
manufacturing,  mining,  or  domestic  purposes,  but  this  act  does  not  repeal  the  act  of 
June  3,  1878,  providing  for  cutting  timber  on  mineral  lands. 

Stubbs  V.  United  States,  104  Fed.  988,  p.  989. 
Stubbs  V.  United  States,  111  Fed.  366,  p.  368. 

27  STAT.  444,  FEBRUARY  13,  1893. 

TIMBER  CUTTING  ON  MINERAL  LANDS— AMENDMENT. 

AN  ACT  To  extend  the  provisions  of  section  8  of  the  act  entitled  "An  act  to  repeal 
timber-culture  laws,  and  for  other  purposes,"  approved  March  3,  1891,  concerning 
prosecutions  for  cutting  on  public  lands,  to  Wyoming,  New  Mexico,  and  Arizona. 

Be  it  enacted,  etc.,  That  section  8  of  the  act  entitled  ^'An  act  to 
repeal  timber-culture  laws,  and  for  other  purposes/^  approved 
March  3,  1891,  as  amended  by  an  act  approved  March  3,  1891, 
chapter  559  (26  Stat.  1093),  be,  and  the  same  is  hereby,  amended 
as  follows:  After  the  word  Wyoming/'  in  said  amended  act,  insert 
the  words  ^'New  Mexico  and  Arizona." 

30  STAT.  597,  p.  618;  2  SUPP.  874,  p.  875;  JULY  1,  1898. 

REMOVING  TIMBER  FOR  MINING  PURPOSES— AMENDMENT. 

AN  ACT  Making  appropriations  for  sundry  civil  expenses  for  the  fiscal  year  ending 

June  30,  1899. 

Be  it  enacted,  etc.,    *    *  * 

That  section  8  of  an  act  entitled  '^An  act  to  repeal  the  timber- 
culture  laws,  and  for  other  purposes,"  approved  March  3,  1891 
(26  Stat.  1095),  be,  and  the  same  is  hereby,  amended  as  follows: 

Sec.  8.  That  it  shall  be  lawful  for  the  Secretary  of  the  Interior 
to  grant  permits,  under  the  provisions  of  the  eighth  section  of  the 


1352  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


act  of  March  3,  1891,  to  citizens  of  Idaho  and  Wyoming  to  cut  timber 
in  the  State  of  Wyoming  west  of  the  continental  divide,  on  the  Snake 
River  and  its  tributaries  to  the  boundary  line  of  Idaho,  for  agri- 
cultural, mining,  or  other  domestic  purposes,  and  to  remove  the 
timber  so  cut  to  the  State  of  Idaho.    *    *  * 

See  26  Stat.  1093,  p.  1350;  26  Stat.  1095,  p.  1099,  p.  947. 

A.  PERMITS  TO  CUT  TIMBER  FOR  MINING  PURPOSES. 

This  statute  authorizes  the  granting  of  permits  to  citizens  of  the  States  named  to 
cut  timber  for  agricultural,  mining,  or  other  domestic  puposes. 
White,  In  re,  34  L.  D.  78,  p.  81. 

See  City  and  County  of  Beaver,  In  re,  34  L.  D.  112,  p.  113. 

31  STAT.  1436,  2  SUPP.  R.  S.  875,  MARCH  3,  1901. 

TIMBER  CUTTING  ON  MINERAL  LANDS— AMENDMENT. 

AN  ACT  To  extend  the  pTovisions  of  section  8  of  the  act  entitled  "An  act  to  repeal 
timber-culture  laws,  and  for  other  purposes,"  approved  March  3,  1891,  concerning 
prosecutions  for  cutting  timber  on  public  lands,  to  California,  Oregon,  and  Wash- 
ington. 

Be  it  enacted,  etc.,  That  section  8  of  the  act  entitled  ''An  act  to 
repeal  timber-culture  laws,  and  for  other  purposes,"  approved 
March  3,  1891,  as  amended  by  an  act  approved  March  3,  1891 
(26  Stat.  1093),  be,  and  the  same  is  hereby,  amended  as  follows: 
After  the  word  ''Nevada,"  in  said  amended  act,  insert  the  words 
"California,  Oregon,  and  Washington." 

30  STAT.  11,  p.  35,  JUNE  4,  1897. 

TIMBER  CUTTING  ON  RESERVATIONS. 

AN  ACT  Making  appropriations  for  the  sundry  civil  expenses  of  the  Government  for 
the  liscal  year  ending  June  30,  1898,  and  for  other  purposes. 

Be  it  enacted,  etc.,  *  *  *  The  Secretary  of  the  Interior  may 
permit,  under  regulations  to  be  prescribed  by  him,  the  use  of  timber 
and  stone  found  upon  such  reservations,  free  of  charge,  by  bona  fide 
settlers,  miners,  residents,  and  prospectors  for  minerals,  for  firewood, 
fencing,  buildings,  mining,  prospecting,  and  other  domestic  ]3urposes, 
as  may  be  needed  by  such  persons  for  such  purposes;  such  timber  to 
be  used  within  the  State  or  Territory,  respectively,  where  such 
reservations  may  be  located. 

35  STAT.  1088,  p.  1098,  MARCH  4,  1909. 

TIMBER  CUTTING  ON  MINING  CLAIMS. 
AN  ACT  To  codify,  revise,  and  amend  the  penal  laws  of  the  United  States. 
Be  it  enacted,  etc.    *    *  * 

Sec.  49.  Whoever  shall  cut,  or  cause  or  procure  to  be  cut,  or  shall 
wantonly  destroy,  or  cause  to  be  wantonly  destroyed,  any  timber 
growing  on  the  public  lands  of  the  United  States;  or  whoever  shall 
remove,  or  cause  to  be  removed,  any  timber  from  said  public  lands, 
with  intent  to  export  or  to  dispose  of  the  same;  or  whoever,  being 
the  owner,  master,  or  consignee  of  any  vessel,  or  the  owner,  director, 


TIMBER  CUTTING  FOR  MINING  PURPOSES,  PP.  1334-1353.     13  5  3 

or  agent  of  any  railroad,  shall  knowingly  trans])orl  any  timber  so 
cut  or  removed  from  said  lands,  or  lumber  manufactured  therefrom, 
shall  bo  fined  not  more  than  $1,000,  or  imprisoned  not  more  than  one 
year,  or  both.  Nothing  in  this  section  shall  prevent  any  miner  or 
agriculturist  from  clearing  his  land  in  the  ordinary  working  of  his 
mining  claim,  or  in  the  preparation  of  his  farm  for  tillage,  or  from 
taking  the  timber  necessary  to  support  his  improvements,  or  the 
taking  of  timber  for  the  use  of  the  United  States.  And  nothing  in 
this  section  shall  interfere  with  or  take  away  any  right  or  privilege 
under  any  existing  law  of  the  United  States  to  cut  or  remove  timber 
from  any  public  lands. 

56974°— Bull.  94,  pt  2—15  34 


TOWN-SITE  SECTIONS  AND  ACTS. 


SECTION  2386,  REVISED  STATUTES. 

Where  mineral  veins  are  possessed,  which  possession  is  recognized 
by  local  authority,  and  to  the  extent  so  possessed  and  recognized, 
the  title  to  town  lots  to  be  acquired  shall  be  subject  to  such  recognized 
possession  and  the  necessary  use  thereof;  but  nothing  contained  in 
this  section  shall  be  so  construed  as  to  recognize  any  color  of  title 
in  possessors  for  mining  purposes  as  against  the  United  States. 

A.  CONSTRUCTION  AND  APPLICATION  OF  SECTION. 

B.  TOWN-SITE  ENTRY,  p.  1355. 

C.  TOWN-SITE  LAWS— MINERAL  LANDS  NOT  ACQUIRED  UNDER, 
p.  1365. 

D.  TOWN  SITES,  p. 1367. 

E.  TOWN-SITE  OWNER,  p.  1360. 

F.  PATENT  FOR  MINERAL  LANDS,  p.  1361. 

G.  TOWN-SITE  PATENT,  p.  1362. 

A.  CONSTRUCTION  AND  APPLICATION  OF  SECTION. 

This  section  is  a  precautionary  measure  or  enactment  designed  for  the  protection 
of  the  miner  in  pursuance  of  the  already  well-defined  policy  of  the  Government  to 
encourage  the  development  of  its  mineral  resources. 

Hawke  v.  Deffeback,  4  Dak.  20,  p.  28. 

See  Townsite  of  Central  City,  In  re,  2  C.  L.  O.  150. 

This  section  is  a  part  of  the  same  general  system  of  laws  designated  as  the  Revised 
Statutes,  approved  June  22,  1874,  and  of  which  all  the  mining  laws  are  a  part,  and  this 
fact  alone  forbids  the  idea  that  this  section  was  intended  to  operate  as  a  removal  or 
modification  of  the  limitations  imposed  by  the  mining  laws  upon  the  sale  of  mineral 
lands. 

Hawke  v.  Deffeback,  4  Dak.  20,  p.  30. 

This  section  is  a  recognition  of  both  the  possessory  rights  of  the  miners  on  the  public 
mineral  lands  and  the  authority  and  validity  of  the  local  rules  and  regulations  in 
relation  thereto,  though  the  Government  had  no  intention  of  parting  with  its  title, 
and  the  statute  must  be  construed  with  others  bearing  upon  the  same  subject. 

Silver  Bow  Min.,  etc.,  Co.  v.  Clark,  5  Mont.  378,  pp.  409,  410. 

This  section  applies  only  to  town  lots  acquired  under  the  provisions  of  the  preceding 
sections,  which  together  comprise  the  acts  of  July  1,  1864  (13  Stat.  343),  and  March  3, 
1865  (13  Stat.  529),  and  as  no  provision  then  had  been  made  for  the  acquisition  of  title 
to  mineral  lands  nor  had  there  been  any  statutory  regulation  of  the  possessory  rights 
of  miners,  it  seems  that  the  purpose  of  this  section  was  precautionary  and  intended  to 
protect  any  mining  rights  found  to  exist  within  town  sites  under  local  customs  and 
regulations  recognized  by  the  Government. 

Hawke  v.  Deffeback,  4  Dak.  20,  p.  31. 
See  McDonald  v.  Hovey,  110  U.  S.  619. 

1354 


TOWN-SITE  SECTIONS  AND  ACTS,  PP.  1354-1382. 


1355 


b.  town-site  entry. 

1.  Nature  and  purpose. 

2.  Made  on  mineral  lands. 

1.  nature  and  purpose. 

This  section  provides  for  the  entry  of  any  portion  of  the  public  lands  occupied  as 
a  town  site,  the  entry  to  be  in  trust  for  the  use  and  benefit  of  the  occupants  according 
to  their  respective  interests,  subject  to  local  legislative  authority,  and  the  right  to 
enter  is  limited  to  lands  actually  occupied  by  the  town,  and  makes  the  title  to  the  town 
lots  subject  to  the  possession  of  mineral  claims  where  such  possession  is  recognized 
by  local  authority. 

Deffeback  v.  Hawke,  115  U.  S.  392,  p.  403. 
Davis  V.  Weibbold,  139  U.  S.  507,  p.  516. 
Golden  v.  Murphy,  31  Nev.  395,  p.  411. 

This  section,  with  others,  contemplates  that  towns  will  exist  in  mining  localities 
and  that  entries  may  be  made  of  such  town  sites. 
Townsite  of  Butte,  In  re,  3  C.  L.  O.  131. 

2.  MADE  ON  MINERAL  LANDS. 

Town  sites  may  be  located  on  mineral  land,  but  the  town-site  claimants  will  hold 
the  claim  subject  to  the  rights  of  the  mineral  claimant. 

Smith,  In  re  (on  review),  10  L.  D.  184. 
See  Esler  v.  Townsite  of  Cooke,  4  L.  D.  212. 

The  town-site  laws  clearly  contemplate  that  towns  will  exist  in  mining  locations, 
and  by  clear  implication  town-site  entries  are  to  be  permitted  on  mineral  land,  as 
indicated  by  the  clause  excepting  the  title  to  mines  from  the  title  acquired  by  the  town. 

Townsite  of  Central  City,  In  re,  2  C.  L.  0.  150. 
See  Townsite  of  Butte,  In  re,  3  C.  L.  O.  131. 
Townsite  of  Dead  wood.  In  re,  8  C.  L.  O.  18. 

A  placer  claim  may  be  used  as  a  town  site, 

Schwab  V.  Bean,  86  Fed.  41,  p.  43. 

See  Smelting  Co.  v.  Kemp,  104  U.  S.  636. 

This  section  permits  town-site  entries  overlying  lode  claims. 

Townsite  of  Central  City,  In  re,  2  C.  L.  0.  150. 
Townsite  of  Deadwood,  In  re,  8  C.  L.  O.  18. 

Town-site  entries  are  permissible  which  may  embrace  within  their  limits  valid 
mining  claims  and  veins  or  lodes  containing  valuable  mineral  deposits  upon  which 
no  locations  have  been  made. 

Townsite  of  Eureka  Springs  v.  Conant,  8  C.  L.  O.  3. 

A  town-site  grant,  under  this  section,  is  not  limited  because  made  upon  a  part  of 
an  original  mining  location,  where  such  part  had  been  abandoned  by  the  locator 
marking  the  boundaries  and  taking  a  patent  for  a  small  part  of  his  original  location 
under  the  statute  of  1866. 

Lamed  v.  Jenkins,  113  Fed.  634,  p.  637. 

C.  TOWN-SITE  LAWS— MINERAL  LANDS  NOT  ACQUIRED  UNDER. 

See  sec.  2392,  p.  1367. 

No  title  can  be  acquired  under  the  preemption,  homestead,  or  town-site  laws  to  lands 
known  at  the  time  of  sale  to  be  valuable  for  minerals,  and  the  phrase    known  at  the 


1356         UNITED  STATES  MINING  STATUTES  ANNOTATED. 


time  of  sale  to  be  valuable  for  minerals"  is  used  to  prevent  any  doubt  being  cast 
upon  titles  to  lands  afterwards  found  to  be  different  in  their  mineral  character  from 
what  was  supposed  when  the  entry  of  them  was  made  and  the  patent  issued. 

Deffeback  v.  Hawke,  115  U.  S.  392,  p.  405. 
Smoke  House  Lode,  In  re,  4  L.  D,  555. 
Spong,  In  re,  5.  L.  D.  193. 
Abercombie,  In  re,  6  L.  D.  393. 

Aspen  Consol,  Min.  Co.  v.  Williams,  27  L.  D.  1,  p.  15. 
Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  v>.  213. 
Reilly  v.  Berry,  2  Ariz.  272,  p.  274. 
Kansas  City  Min.,  etc.,  Co.  v.  Clay,  3  Ariz.  326,  p.  331. 
Richards  v.  Dower,  81  Cal.  44,  p.  51. 

Old  Dominion  Copper  Min.,  etc.,  Co.  v.  Haverly,  11  Ariz.  241,  p.  253. 
Golden  v.  Murphy,  31  Nev.  395,  p.  412. 
See  Noyes  v.  Mantle,  127  U.  S.  348. 

United  States  v.  Iron  Silver  Min.  Co.,  128  U.  S.  673. 

Iron  Silver  Min.  Co.  v.  Mike  &  Starr,  etc.,  Min.  Co.,  143  U.  S.  394. 

Dower  v.  Richards,  151  U.  S.  658. 

Silver  Bow  Min.,  etc.,  Co.  v.  Clark,  5  Mont.  378. 

Talbott  V.  King,  6  Mont.  76. 

Title  from  the  United  States  to  land  known  at  the  time  of  sale  to  be  valuable  for 
mineral  deposit  can  not  be  obtained  under  the  preemption,  homestead,  or  town-site 
laws,  but  the  land  must  be  known  at  the  time  to  be  valuable  for  mineral  or  the  rule 
does  not  apply,  and  a  change  in  the  condition  occurring  subsequently  by  the  new 
discovery  of  a  mineral  will  not  affect  the  title  as  it  passed  at  the  time  of  the  sale. 

Harkrader  v.  Goldstein,  31  L.  D.  87,  p.  94. 

Colorado  Coal  &  Iron  Co.  v.  United  States,  123  U.  S.  307,  p.  328. 

See  Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550,  p.  556. 

Kern  Oil  Co.  v.  Clotfelter,  30  L.  D.  583. 

Kern  Oil  Co.  v.  Clarke  (on  review)  31  L.  D.  288. 

Gray  Eagle  Oil  Co.  v.  Clarke  (on  review),  31  L.  D.  303. 

Lands  known  at  the  time  of  sale  to  be  valuable  for  minerals  can  not  be  obtained 
under  town-site  laws. 

Laney,  In  re,  9  L.  D.  83,  p.  84. 
Pike's  Peak  Lode,  In  re,  10  L.  D.  200. 
Plymouth  Lode,  In  re,  12  L.  D.  513,  p.  515. 

A  town-site  entry  can  not  be  made  upon  land  claimed  and  held  for  mineral  purposes 
and  such  an  entry  should  not  be  allowed  until  after  due  notice  to  the  mineral  claim- 
ants, and  the  allowance  of  such  an  entry  does  not  impair  the  right  of  such  mineral 
claimant. 

Goldstein  v.  Juneau  Townsite,  23  L.  D.  417,  p.  419. 
See  Piru  Oil  Co.,  In  re,  16  L.  D.  117. 

The  terms  "lands  known  to  be  valuable  for  mineral,"  or  ''for  mineral  deposits, " 
or  ''known  mines,"  or  "land  containing  known  mines,"  are  equivalent  in  meaning, 
and  all  such  lands  and  mines  are  excluded  from  entry  and  patent  under  the  town- 
site  laws,  and  title  to  such  lands  does  not  pass  if  they  were  known  to  be  of  that  character 
when  the  town-site  entry  was  made. 

Brady  v.  Harris,  29  L.  D.  426,  p.  433. 

See  Steel  v.  Smelting  Co.,  106  U.  S.  447,  p.  449. 

Davis  V.  Weibbold,  139  U.  S.  507,  p.  524. 

Dower  v.  Richards,  151  U.  S.  658,  p.  663. 

A  town-site  entry  on  lands  mineral  in  character  should  be  canceled,  but  the  survey 
and  entry  may  be  amended  and  patent  issued  accordingly. 

Harkrader  v.  Goldstein,  31  L.  D.  87,  p.  89. 
See  Goldstein  v.  Juneau  Townsite,  23  L.  D.  417. 


TOWN-SITE  SECTIONS  AND  ACTS,  PP.  1354-1382.  1357 


Lands  valuable  for  placer  mining  claims  are  not  Bubjoct  to  entry  for  town-site  pur- 
poses, as  the  use  of  (he  entire  surface  is  necessary  to  the  development  of  placer  claims. 

Townaite  of  Deadwood,  In  re,  8  0.  L.  O.  18,  p.  19. 
Townsite  of  Deadwood,  In  re,  8  C.  L.  O.  153,  p.  155. 
Townsite  of  Leadville,  In  re,  9  0.  L.  O.  71. 
See  Van  Ocker,  In  re,  9  C.  L.  O.  71. 

D.  TOWN  SITES. 

1.  Right  of  citizens  to  use  and  build. 

2.  Minerals  open  to  exploration. 

3.  Mining  locations  permitted. 

4.  Possession  of  mineral  claimant  protected. 

5.  Mineral  character  of  land — Proof. 

6.  Mining  location  as  notice. 

7.  Title  subject  to  mineral  rights  and  uses. 

1.  right  of  citizens  to  use  and  build. 

The  citizens  of  a  town  have  the  same  right  to  build  dwelling  houses  upon  the  public 
domain  as  others  have  to  locate  mining  claims. 
Bonner  v.  Meikle,  82  Fed.  697,  p.  699. 

2.  MINERALS  OPEN  TO  EXPLORATION. 

This  section  and  others  relating  to  town  sites  recognize  the  possession  of  mining 
claims  within  their  limits  and  forbid  the  acquisition  of  any  mine  of  gold,  silver, 
cinnabar,  or  copper  within  them  under  proceedings  by  which  title  to  other  lands 
within  them  is  secured,  and  leaves  the  mineral  deposits  within  the  town  site  open 
to  exploration  and  the  land  open  to  occupation  and  purchase  in  the  same  manner  as 
other  lands  containing  such  minerals. 

Steel  V.  Smelting  Co.,  106  U.  S.  447,  p.  450. 
Poire  V.  Wells,  6  Colo.  406,  p.  410. 
Hawke  v.  Deffeback,  4  Dak.  20,  p.  35. 
Pierce  v.  Sparks,  4  Dak.  1,  p.  2. 

Silver  Bow  Min.,  etc.,  Co.  v.  Clark,  5  Mont.  378,  p.  516. 
Murray  v.  Buol,  6  Mont.  397,  p.  408. 

Valuable  mineral  deposits  in  town-site  lands  outside  of  the  patent  are  open  to  explo- 
ration and  purchase  the  same  as  those  in  lands  outside  of  the  town  site. 
Davis  V.  Weibbold,  139  U.  S.  507,  p.  529. 

Where  land  is  mineral  in  character  it  is  subject  to  location  under  the  provisions 
of  the  mining  law  without  reference  to  the  relative  value  of  a  portion  of  the  tract  for 
town-site  purposes. 

Kemp  V.  Starr,  6  C.  L.  0.  3,  p.  4. 

See  Townsite  of  Deadwood,  In  re,  8  C.  L.  O.  18. 

This,  with  other  sections,  recognizes  the  possession  of  mining  claims  within  town- 
site  limits  and  forbids  the  acquisition  of  any  mine  of  gold,  silver,  cinnabar,  or  copper 
by  town-site  claimants,  and  this  leaves  the  mineral  deposits  within  town  sites  open 
to  exploration  the  same  as  such  deposits  on  the  public  domain. 

Poire  V.  Wells,  6  Colo.  406,  p.  411. 

No  title  can  be  acquired  under  the  provisions  of  the  town-site  law  to  lands  known 
to  be  valuable  for  minerals,  but  such  lands  are  free  and  open  for  exploration,  occupa- 
tion, and  purchase  for  mining  purposes. 

Hawke  v.  Deffeback,  4  Dak.  20,  p.  36. 


1358  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


3.  MINING  LOCATIONS  PERMITTED. 

Land  embraced  within  a  town  site  on  the  public  domain  and  unoccupied  is  not 
exempt  from  location  and  sale  for  mining  purposes ;  its  exemption  is  only  from  settle- 
ment and  sale  under  the  preemption  laws  of  the  United  States. 

Steel  V.  Smelting  Co.,  106  U.  S.  447,  p.  449. 
Hawke  v.  Deffeback,  4  Dak.  20,  p.  35. 
Richards  v.  Dower,  81  Cal.  44,  p.  52. 
Murray  v.  Buol,  6  Mont.  397,  p.  408. 

A  miner  may  acquire  for  good  a  right  to  a  mining  claim  within  the  limits  of  the  town 
site,  as  though  his  discovery  was  in  a  wilderness  remote  from  all  settlements,  and  he 
is  equally  entitled  to  a  patent  therefor. 

Steel  V.  Smelting  Co.,  106  U.  S.  447,  p.  449. 
Hawke  v.  Deffeback,  4  Dak  20,  p.  35. 
Silver  Bow  Min.,  etc.,  Co.  v.  Clark,  5  Mont.  378,  p.  516. 
See  Rankin,  In  re,  7  L.  D.  411. 

The  fact  of  a  town-site  settlement  on  a  placer  claim  and  a  protest  by  such  settlers 
will  not  defeat  an  entry  if  it  is  determined  that  the  land  in  question  is  valuable  as  a 
placer  mining  claim. 

Ferrell  v.  Hoge,  18  L.  D.  81,  p.  83. 

4.  POSSESSION  OF  MINERAL  CLAIMANT  PROTECTED. 

This  section,  in  connection  with  section  2392,  must  protect  a  mineral  claimant 
in  his  possession  of  a  vein  or  lode,  together  with  the  surface  as  recognized  by  law. 
Rico  Townsite,  In  re,  1  L.  D.  556,  p.  558. 

This  section  protects  the  possession  of  the  miner  as  against  the  title  to  town  lots 
and  subjects  such  lots  to  the  necessary  use  of  the  mineral  vein,  and  is  not  in  conflict 
with  any  later  statute  on  the  same  subject. 

Silver  Bow  Min.,  etc.,  Co.  v.  Clark,  5  Mont.  378,  p.  411. 
King  V.  Thomas,  6  Mont.  409,  p.  411. 
Chambers  v.  Jones,  17  Mont.  156,  p.  162. 

Where  a  mineral  claimant  is  in  possession  of  a  mineral  vein,  such  possession  is  rec- 
ognized as  a  valid  one  to  the  full  extent  of  the  possession  and  the  necessary  use  thereof, 
but  if  at  the  time  of  the  taking  of  a  town  lot  the  mineral  claimant's  rights  exist,  the 
lot  owner  will  take  his  lot  subject  to  the  rights  of  such  mineral  claimant,  and  although 
the  lot  owner  may  hold  his  title  and  receive  a  patent  under  the  town-site  authorities, 
still  the  title  of  the  mineral  claimant  is  not  different  from  what  it  was  before  the  issue 
of  the  town-site  patent,  but  the  superiority  of  the  relative  rights  will  depend  on 
priority  of  location. 

Rico  Townsite,  In  re,  1  L.  D.  556,  p.  558. 

The  possession  referred  to  in  this  section  means  the  same  as  a  possession  held  under 
the  mining  statutes. 
Townsite  of  Eureka  Springs  v.  Conant,  8C.L.0.3,p.4. 

5.  MINERAL  CHARACTER  OF  LAND — PROOF. 

This  section  affords  a  mineral  claimant  no  relief  where  he  fails  to  show  a  valid 
discovery  of  mineral  and  where  he  had  not  made  a  valid  location  under  the  mining 
laws,  and  was  not,  in  fact,  possessed  of  a  mineral  vein,  and  he  can  not  restrain  a  town- 
site  claimant  from  interfering  with  or  trespassing  upon  a  pretended  mining  claim. 

Regan  v.  Wliittaker,  14  S.  Dak.  373,  p.  382. 

Where  small  veins  or  stringers  of  quartz  bearing  gold  and  silver  in  varying  quantities 
have  been  discovered  in  land  claimed  and  located  under  the  mining  laws,  and  such 


TOWN-SITE  SECTIONS  AND  ACTS,  PP.   1354-1382.  1359 


land  is  on  a  definite  mineral  belt  and  in  c  lose  proximity  to  other  mines,  and  the  evi- 
dence indicates  that  with  fnrther  development  a  paying  mine  might  be  e8tal)li8hed, 
such  land  is  prima  facie  mineral  in  character  and  is  not  subject  to  entry  for  town- 
site  purposes. 

Goldstein  v.  Juneau  Townsite,  23  L.  D.  417,  pp.  421,  422,  423. 
Discovery  Placer  Claim  v.  Murry,  25  L.  D.  460,  p.  464. 

Land  not  known  to  be  mineral  is  not  "public  mineral  land"  within  the  meaning  of 
the  statute. 
Smith  V.  Hill,  89  Cal.  122,  p.  129. 

6.  MINING  LOCATION  AS  NOTICE. 

The  location  of  a  mining  claim,  and  the  marking  of  the  exterior  boundaries  and  the 
issuance  of  a  patent  for  the  same,  is  notice  to  the  Government  and  to  the  public  that 
the  patentee  or  his  grantee  is  the  owner  of  all  the  exclusive  rights  and  privileges  in 
such  tract  of  land  as  well  as  to  the  vein  or  lode  therein,  and  is  prior  and  superior  to  a 
title  by  a  patent  under  the  town-site  act. 

Lamed  v.  Jenkins,  113  Fed.  634,  p.  636. 

A  town-site  claimant  is  charged  with  notice  of  the  record  of  a  mineral  claim  recorded 
in  the  proper  record. 

Goldstein  v.  Juneau  Townsite,  23  L.  D.  417,  p.  419. 

7.  TITLE  SUBJECT  TO  MINERAL  RIGHTS  AND  USES. 

Where  mineral  veins  are  possessed  and  the  possession  is  recognized  by  local  authority 
the  title  to  town  lots  is  acquired  subject  to  such  recognized  possession  and  the  neces- 
sary use  thereof. 

Deffeback  v.  Hawke,  115  U.  S.  392,  p.  403. 
Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  213. 

The  title  to  town  lots  is  subject  to  the  possession  of  any  mineral  vein  where  such 
possession  is  recognized  by  local  authority,  and  no  title  can  be  acquired  by  an  owner 
of  a  town  lot  to  any  mine  of  gold,  silver,  cinnabar  or  copper,  or  to  any  valid  mining 
claim  held  under  existing  laws. 

Larned  v.  Jenkins,  113  Fed.  634,  p.  635. 

The  title  to  town  lots  is  subject  to  the  recognized  possession  and  use  of  existing 
mining  locations. 
Townsite  of  Coalville,  In  re,  4  C.  L.  O.  46,  p.  47. 

The  title  to  town  lots  acquired  under  town-site  locations  is  subject  to  the  recognized 
possession  and  necessary  uses  of  mineral  veins  or  mining  claims  in  possession  of  locators. 
Pacific  Slope  Lode  v.  Butte  Townsite,  25  L.  D.  518,  p.  521. 

Overruling  as  to  any  conflict  Pacific  Slope  Lode,  In  re,  12  L.  D.  686,  and  Cameron 
Lode,  In  re,  13  L.  D.  369. 

The  title  to  a  town  lot  as  a  part  of  a  town  site  located  upon  mineral  lands  in  accord- 
ance with  this  section  is  subordinate  to  the  rights  of  the  locator  of  a  mining  claim  under 
2322  R.  S.,  and  where  the  mineral  claimant  desires  to  use  the  ground  for  the  purpose 
of  sinking  a  shaft,  or  for  the  erection  of  buildings  required  in  carrying  on  his  mining 
enterprise,  or  for  reduction  works,  or  for  a  mill  site,  in  any  such  case  his  rights  are 
superior  to  that  of  the  town  lot  claimant  and  the  quasi  title  of  the  lot  owner  must  give 
way  to  the  title  of  the  mineral  claimant,  but  these  relative  rights  depend  on  priority 
of  location  and  the  recognized  right  of  a  town  lot  owner  is  not  to  be  destroyed  or  affected 
by  the  subsequent  discovery  of  mineral. 

Rico  Townsite,  In  re,  1  L.  D.  556,  p.  558. 
Vizina  Consol.  Min.  Co.,  In  re,  9  C.  L.  O.  92. 
Papina  v.  Anderson,  10  C.  L.  O.  52,  p.  53. 


1360         UNITED   STATES  MINING  STATUTES  ANNOTATED. 


This  section  does  not  limit  the  title  of  the  locator  of  a  mining  claim  under  section 
2319  R.  S.,  to  the  necessary  use  of  the  ground  located  for  mining  purposes  only. 
Talbott  V.  King,  6  Mont.  76,  p.  99. 

A  miner  is  entitled  to  a  grant  of  the  entire  surface  ground  along  the  whole  line  of  the 
lode  claimed  by  him  with  a  width  of  100  feet  without  regard  to  the  acquired  surface 
rights  of  others,  and  the  mining  laws  in  this  respect  must  be  harmonized  with  the  town- 
site  laws. 

Townsite  of  Central  City,  In  re,  2  C.  L.  O.  150. 
See  Becker  v.  Central  City,  2  C.  L.  O.  98. 

E.  TOWN-SITE  OWNER. 

1.  klghts  as  against  mineral  claimant. 

2.  Rights  as  against  the  United  States. 

1.  rights  as  against  mineral  claimant. 

A  possessory  right  to  town  site  property  is  sufficient  to  prevent  the  location  of  a 
mining  claim  thereon  by  a  third  person. 

Bonner  v.  Meikle,  82  Fed.  697,  p.  699. 

Where  persons  locate  upon  and  improve  town-site  lots  in  good  faith  and  under  the 
belief  that  the  land  was  not  mineral  their  rights  should  not  be  disturbed  by  the  locator 
of  a  mining  claim  without  clear  and  satisfactory  proof  that  within  the  limits  of  such 
mining  location  there  had  been  found  a  vein  or  lode  which,  in  its  natural  course  or 
direction,  would  give  the  locator  a  right  to  all  the  surface  ground  within  the  limits  of 
his  location. 

Bonner  v.  Meikle,  82  Fed.  697,  p.  704. 

The  relative  rights  of  occupants  of  town  sites  and  mineral  claimants  must  depend 
on  priority  of  occupation,  but  the  rights  of  such  occupants  are  recognized  by  the 
customs  and  usages  of  the  country  as  well  as  by  the  statute. 

Hickey,  In  re,  3  L.  D.  85. 

See  Rico  Townsite,  In  re,  1  L.  D.  556. 

The  occupation  of  mineral  lands  for  the  purpose  of  a  town  lot  is  of  no  effect  as  against 
a  valid  mining  claim  and  no  rights  or  equities  flow  therefrom. 

Talbott  V.  King,  6  Mont.  76,  p.  101. 
King  V.  Thomas,  6  Mont.  409,  p.  411. 
Chambers  v.  Jones,  17  Mont.  156,  p.  162. 
See  Murray  v.  Buol,  6  Mont.  397. 

Because  of  the  fact  that  all  valuable  mineral  deposits  in  lands  belonging  to  the 
United  States,  whether  surveyed  or  unsurveyed,  are  free  and  open  to  exploration  and 
purchase,  and  the  lands  on  which  they  are  found  to  occupation  and  purchase,  the  fee 
is  indivisible,  and  either  the  mining  claimant  or  the  town-site  occupant  is  entitled 
to  it  to  the  exclusion  of  the  other. 

Townsite  Clause,  In  re,  5  L.  D.  256. 
See  Deffeback  v.  Hawke,  115  U.  S.  392. 

A  party  claiming  a  possessory  title  and  priority  of  actual  possession  of  a  town  site  lot 
can  not  maintain  ejectment  against  a  patentee  or  his  grantee  of  the  same  lot  as  a  mining 
claim. 

Steel  V.  Smelting  Co.,  106  U.  S.  447,  p.  454. 
Silver  Bow  Min.,  etc.,  Co.  v.  Clark,  3  Mont.  378. 
Talbott  V.  King,  6  Mont.  76. 
Murray  v.  Buol,  6  Mont.  397. 

There  is  no  conflict  between  the  rights  flowing  from  a  mining  location  and  from  a 
town-site  patent,  as  the  titles  are  entirely  separate  and  distinct. 
Chilberg  v.  Consolidated  Min.  Co.,  3  Alaska  235,  p.  240. 


TOWN-SITE  SECTIONS  AND  ACTS,  PP.  1354-1382, 


1361 


2.  RIGHTS  AS  AGAINST  THE  UNITED  STATES. 

This  section  provides  tliat  nothing  tlierein  sliall  be  construed  to  recognize  any  color 
of  title  in  possession  for  mining  purposes  as  against  Uie  United  States. 

Deffeback  v.  Hawke,  115  U.  S.  392,  p.  403. 

See  Lalande  v.  Townsite  of  Saltese,  32  I..  D.  211,  p.  213. 

Mere  possessory  occupants  of  town  lots  on  the  public  domain  have  no  vested  rights 
as  against  the  United  States. 

Sparks  v.  Pierce,  115  U.  S.  408,  p.  413. 
Bonner  v.  Meikle,  82  Fed.  697,  p.  700. 

F.  PATENT  FOR  MINERAL  LANDS. 

1.  Application  by  mineral  claimant — Proof. 

2.  Adverse  claim. 

3.  Conclusiveness  as  against  town-site  claimant. 

4.  Application   by   mineral   claimant   after  town-site 

patent. 

1.  application  by  mineral  claimant — PROOF. 

An  applicant  for  a  mineral  patent  to  lands  embraced  in  a  town  site  must  show  that 
the  lands  were  known  to  be  mineral  prior  to  entry  and  issuance  of  the  town-site  patent. 
Laney,  In  re,  9  L.  D.  83,  p.  84. 

Where  an  application  is  made  for  a  patent  for  a  mineral  claim  partly  covered  by  a 
prior  town-site  location  and  patent  the  mineral  claimant  will  be  limited  to  the  land 
not  in  conflict. 

Laney,  In  re,  9  L.  D.  83. 

A  person  seeking  to  obtain  a  patent  for  a  mining  claim  on  a  town  site  in  the  posses- 
sion of  another  must  show  he  has  a  better  right  to  the  land  than  the  one  in  possession. 

Bonner  v.  Meikle,  82  Fed.  697,  p.  700. 
See  Cook  v.  Johnson,  3  Alaska  506,  p.  532. 

2.  ADVERSE  CLAIM. 

This  statute  permits  anyone  to  file  an  adverse  claim  whenever  application  for  a 
patent  is  made  for  a  mining  claim  located  upon  the  public  lands,  and  requires  him  to 
begin  proceedings  in  a  competent  court  to  determine  the  controversy. 

Larned  v.  Jenkins,  113  Fed.  634,  p.  638. 

An  action  of  ejectment  based  upon  a  patent  issued  prior  to  the  initiation  by  the 
defendant  of  a  mining  claim  for  which  he  has  applied  for  a  patent  is  not  inconsistent 
with  a  claim  he  had  adverse  to  that  application,  under  this  section,  and  such  adverse 
claim  does  not  estop  the  party  from  maintaining  his  action. 

Larned  v.  Jenkins,  113  Fed.  634,  p.  639. 

A  town-site  patentee  should  file  an  adverse  claim  against  a  mineral  application, 
otherwise  a  suit  to  set  aside  the  mineral  patent  will  not  be  advised. 
Smoke  House  Lode,  In  re,  4  L.  D.  555. 

3.  CONCLUSIVENESS  AS  AGAINST  TOWN-SITE  CLAIMANT. 

The  title  under  a  patent  for  a  placer  mining  claim  must  prevail  as  against  any  sub- 
sequent claim  of  a  town-site  lot  owner,  where  it  is  not  shown  that  a  valid  entry  of  the 
alleged  town  site  had  ever  been  made. 

Sparks  v.  Pierce,  115  U.  S.  408,  p.  412. 
Distinguishing  Deffeback  v.  Hawke,  115  U.  S.  392. 


1362  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


4.  APPLICATION  BY   MINERAL   CLAIMANT   AFTER   TOWN-SITE  PATENT. 

An  entry  should  not  be  allowed  for  any  lode  or  vein  within  the  exterior  limits  of  a 
patented  placer  claim  in  the  absence  of  a  determination  to  which  the  owner  of  the 
placer  claim  was  a  party,  that  such  lode  was  known  to  exist  at  the  time  of  the  filing 
of  the  placer  application,  and  the  same  rule  applies  with  reference  to  a  lode  claim 
existing  within  the  limits  of  a  patented  town  site. 

Mill  Side  Lode,  In  re,  39  L.  D.  356,  p.  358. 

See  Iron  Silver  Min.  Co.  v.  Campbell,  135  U.  S.  286. 

A  title  based  upon  a  patent  presumptively  complete  and  issued  on  town-site  or 
placer  entries,  and  where  the  patent  has  remained  for  many  years  unchallenged, 
should  not  be  disturbed  except  upon  the  clearest  proof  that  the  conflicting  area  was 
known  at  the  date  of  the  patent  to  contain  valuable  mineral  deposits. 

Mill  Side  Lode,  In  re,  39  L.  D.  356,  p.  358. 

G.  TOWN-SITE  PATENT. 

1.  Application — Showing  as  to  nonmineral  character  of 

LAND. 

2.  Effect  as  against  mining  rights. 

3.  Presumption  as  against  subsequent  mineral  patent. 

4.  Mineral  lands  excepted — Known  character. 

5.  Reservations  inserted  as  to  mineral  rights. 

6.  Purchaser  from  town  authorities — Title. 

7.  Effect  on  jurisdiction  of  Land  Department. 

8.  Subsequent  discovery  of  mineral. 

1.  application — SHOWING  AS  TO  NONMINERAL  CHARACTER  OF  LAND. 

In  order  to  secure  a  patent  for  a  town-site  claim  the  applicant  must  make  an  afl3- 
davit  that  there  is  no  known  lode  or  vein  within  the  boundary  of  the  town-site  entry, 
and  if  a  patent  issues  on  a  false  statement  the  entry  could  be  vacated  or  annulled  by 
an  appropriate  action  in  the  proper  court. 

Pacific  Slope  Lode,  In  re,  12  L.  D.  686,  p.  688. 

Though  a  patent  to  a  town  site  is  issued  on  an  affidavit  that  proves  to  be  false  as  to 
the  existence  of  a  lode  or  vein,  yet  the  department  is  not  authorized  to  issue  a  patent 
for  such  lode  or  vein  until  the  town-site  patent  is  set  aside  or  modified. 

Pacific  Slope  Lode,  In  re,  12  L.  D.  686,  p.  689. 
See  Pike's  Peak  Lode,  In  re,  10  L.  D.  200. 

2.  EFFECT  AS  AGAINST  MINING  RIGHTS. 

Lands  covered  by  a  town-site  patent  are  not  subject  to  mineral  entry. 

Protector  Lode,  In  re,  12  L.  D.  662,  p.  663. 
See  Pike's  Peak  Lode,  In  re,  10  L.  D.  200. 

A  town-site  patent,  when  issued,  will  not  operate  to  convey  title  to  any  lands  known 
to  be  valuable  for  minerals  at  the  date  of  the  town-site  entry,  and  it  will  not  affect  any 
rights,  present  or  prospective,  possessory  or  otherwise,  which  locators  may  acquire 
under  the  provisions  of  the  mining  laws,  and  they  may  subsequently  apply  for  and 
receive  patent  under  the  mining  laws  to  any  or  all  lands  claimed  by  them  within  the 
town  site  which  they  can  show  were  known  to  be  valuable  for  minerals  at  the  date 
of  the  entry,  as  if  the  town-site  patent  had  not  been  issued,  as  the  law  preserves  to 
them  all  rights  acquired  under  the  mining  laws  prior  to  such  town-site  entry. 

Lalande  v.  Town  Site  of  Saltese,  32  L.  D.  211,  p.  216. 


TOWN-SITE  SECTIONS  AND  ACTS,  PP.  1354-1382.  1363 

Under  this  and  section  2392  a  town-site  patent  carries  absolute  fee-simple  title  to 
the  jiatentee  of  all  land  in  which  no  gold,  silver,  copper,  or  cinnabar  mine  existed, 
or  in  which  any  valid  mining  claim  or  possession  was  had  or  held  under  local  authority 
or  rules  or  existing  laws. 

Dower  v.  Richards,  73  Cal.  477,  p.  479. 

A  patent  to  a  town-site  lot  or  strip  of  ground  is  prior  and  superior  to  a  conveyance 
made  by  a  prior  locator  of  a  mining  claim  under  the  statute  of  1866,  where  such  locator 
subsequently  marked  his  boundaries  on  the  surface  and  procured  a  patent  for  the 
same  as  marked,  and  which  did  not  include  the  lot  or  strip  of  ground  in  controversy, 
though  it  was  subsequently  discovered  that  the  vein  or  lode  apexing  in  such  location 
extended  on  its  strike  into  this  lot  or  strip  of  ground. 

Lamed  v.  Jenkins,  113  Fed.  634,  p.  639. 

3.  PRESUMPTION  AS  AGAINST  SUBSEQUENT  MINERAL  PATENT. 

Where  a  town-site  patent  is  regularly  issued  the  presumption  must  be  indulged, 
as  against  a  subsequent  mineral  patent,  that  the  land  at  the  time  of  the  issuance  of 
the  town-site  patent  did  not  contain  any  known  mines  and  was  not  valuable  for 
mineral;  and  in  a  contest  between  the  town-site  patentee  and  the  subsequent  mineral 
patentee  the  former  may  prove  that  the  land  was  not  known  to  be  valuable  for  min- 
erals at  the  date  of  the  issuance  of  the  patent,  to  rebut  any  presumption  arising  solely 
from  the  fact  of  issue  of  the  mineral  patent. 

Davis  V.  Weibbold,  139  U.  S.  507,  p.  518. 
Dower  v.  Richards,  151  U.  S.  658,  p.  663. 
Richards  v.  Dower,  81  Cal.  44. 

Kansas  City  Min.,  etc.,  Co.  v.  Clay,  3  Ariz.  326,  p.  332. 
Casey  v.  Thieviege,  19  Mont.  341,  p.  353. 

4.  MINERAL  LANDS  EXCEPTED — KNOWN  CHARACTER. 

The  provision  of  this  section  does  not  constitute  a  reservation  of  minerals  to  the 
United  States,  but  it  only  imports  that  the  provisions  by  which  town  sites  are  trans- 
ferred shall  not  be  the  means  of  passing  title  to  the  minerals  named,  or  to  valid  mining 
claims  existing  thereon. 

Davis  V.  Weibbold,  139  U.  S.  507,  p.  518. 
Golden  v.  Murphy,  31  Nev.  395,  p.  418. 

In  order  to  except  mines  or  mineral  lands  from  the  operation  of  a  town-site  patent 
it  is  not  sufficient  that  the  lands  do  in  fact  contain  valuable  minerals,  but  they  must 
be  known  to  contain  minerals  of  such  extent  and  value  as  to  justify  expenditures 
for  the  purpose  of  extracting  them. 

Deffeback  v.  Hawke,  115  U.  S.  392,  p.  404. 

Davis  V.  Weibbold,  139  U.  S.  507,  p.  518. 

Dower  v.  Richards,  151  U.  S.  658,  p.  663. 

Montana  Central  R.  Co.  v.  Migeon,  68  Fed.  811,  p.  815. 

Migeon  v.  Montana  Central  R.  Co.,  77  Fed.  249,  p.  256. 

United  States  v.  Central  Pac.  R.  Co.,  84  Fed.  218,  p.  220. 

United  States  v.  Central  Pac.  R.  Co.,  93  Fed.  871,  p.  873. 

Cripple  Creek  Gold  Min.  Co.  v.  Mt.  Rosa  Min.,  etc.,  Co.,  26  L.  D.  622,  d.  626. 

Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  213. 

Mill  Side  Lode,  In  re,  39  L.  D.  356,  p.  358. 

Brownfield  v.  Bier,  15  Mont.  403,  p.  414. 

Horsky  v.  Moran,  21  Mont.  345,  p.  363. 

Distinguishing  Golden  v.  Murphy,  31  Nev.  395,  p.  408. 

Ground  embraced  in  a  mineral  entry  and  known  to  be  valuable  mineral  land  at  the 
date  of  a  town-site  entry  is  excepted  from  a  town-site  patent. 

Brady  v.  Harris,  29  L.  D.  89,  p.  92. 

See  Brady  v.  Harris,  29  L.  D.  426,  p.  433. 


1364  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


To  except  from  a  town-site  patent  definite  surveys  of  mineral  claims  initiated  or 
extended  after  surface  occupation  by  other  parties  would  be  to  ignore  adverse  rights 
wliich  have  not  been  presented  for  adjustment  by  the  courts  prior  to  the  mineral 
entry, 

Townsite  of  Central  City,  In  re,  2  C.  L.  O.  150. 
Townsite  of  Eureka  Springs  v.  Conant,  8  C.  L.  O.  3. 

A  town-site  patent  is  inoperative  as  to  all  lands  known  at  the  time  of  the  entry  to  be 
valuable  for  mineral  or  discovered  to  be  of  such  character  prior  to  the  occupation  or 
improvement  of  the  land  under  the  town-site  law. 

Antediluvian  Lode  &  Mill  Site,  In  re,  8  L.  D.  602,  p.  604. 

Old  Dominion  Copper  Min.,  etc.,  Co.  v.  Haverly,  11  Ariz.  241,  p.  253. 

See  Simmons,  In  re,  7  L.  D.  283. 

Moyle  V.  Bullene,  7  Colo.  App.  308. 

Silver  Bow  Min.,  etc.,  Co.  v.  Clark,  5  Mont.  378. 

This  section  does  not  permit  a  town-site  entry  upon  known  mineral  lands. 
Hawke  v.  Deffeback,  4  Dak.  20,  p.  29. 

Under  a  town-site  entry  no  title  can  be  acquired  by  a  town  to  any  valid  mining  claim 
or  possession  held  under  existing  laws. 

Telluride  Additional  Townsite,  In  re,  33  L.  D.  542,  p.  543. 
Nome  &  Sinook  Co.  v.  Townsite  of  Nome,  34  L.  D.  102,  p.  104. 

A  hearing  may  be  ordered  to  determine  whether  lands  included  in  a  town-site  entry 
are  mineral. 
Coleman,  In  re,  15  C.  L.  O.  255. 

5.  RESERVATIONS  INSERTED  AS  TO  MINERAL  RIGHTS. 

On  the  theory  that  there  may  be  a  division  of  the  fee  simple  in  the  surface  and  the 
minerals  underneath  the  surface,  the  clause  ''excepting  and  excluding,  however, 
from  these  presents  all  town  property  rights  upon  the  surface,  and  there  are  hereby 
expressly  excepted  and  excluded  from  the  same  all  houses,  buildings,  structures, 
lots,  blocks,  streets,  alleys,  or  other  municipal  improvements  on  the  surface  of  the 
above-described  premises,  not  belonging  to  the  grantee  herein,  and  all  rights  necessary 
or  proper  to  the  occupation,  possession,  and  enjoyment  of  the  same,"  has  been  inserted 
in  patents  for  lode  claims,  but  the  insertion  of  such  a  clause  is  not  authorized  by  law, 
and  such  a  reservation  could  not  affect  the  title  thereby  conveyed. 

Townsite  Clause,  In  re,  5  L.  D.  256. 

Turner  v.  Lang,  1  C.  L.  O.  51. 

Townsite  of  Central  City,  In  re,  2  C.  L.  O.  150. 

See  Deffeback  v.  Hawke,  115  U.  S.  392,  p.  403. 

Patent  for  town  sites  in  mining  regions  should  contain  a  proviso  to  the  effect  that  no 
title  is  thereby  acquired  to  any  mine  of  gold,  silver,  cinnabar,  lead,  tin,  copper,  or  to 
any  valid  mining  claim  or  possessions  held  under  existing  laws,  and  the  grant  made 
is  subject  to  all  the  conditions,  limitations,  and  restrictions  in  the  section  of  the 
statute. 

Townsite  of  Central  City,  In  re,  2  C.  L.  0.  150. 
Townsite  of  Butte,  In  re,  3  C.  L.  O.  131. 
Townsite  of  Coalville,  4  C.  L.  O.  46,  p.  47. 
Townsite  of  Silver  Cliff  v.  Colorado,  6  C.  L.  O.  152. 

Patents  for  mining  claims  within  the  exterior  limits  of  a  town  should  contain  a  clause 
excepting  and  excluding  therefrom  all  town  property  rights  upon  the  surface  as  well 
as  all  the  houses,  buildings,  and  structures,  lots,  streets,  alleys,  or  other  municipal 
improvements  on  the  surface  of  the  premises,  with  all  rights  necessary  or  proper  to  the 
occupation,  possession,  and  enjoyment  of  the  same. 

Townsite  of  Central  City,  In  re,  2  C.  L.  O.  150. 
See  Vizina  Consol.  Min.  Co.,  In  re,  8  C.  L.  O.  172. 


TOWN-SITE  SECTIONS  AND  ACTS,  PP.  1354-1382. 


1365 


It  is  the  custom  of  the  department  to  insert  in  town-site  patents  a  clause  reserving 
all  the  mineral  and  mineral  ri}j;hts  either  to  the  Government  or  to  the  lefi;al  oct;upant 
thereof,  but  if  the  reservation  is  broader  than  the  stiitutc  warrants  it  is  a  nullity  as  to 
any  excess  over  the  statutory  restriction,  and  any  reservation  not  authorized  by  law 
is  a  nullity. 

Rico  Townsite,  In  re,  1  L.  D.  556. 

Vizina  Consol.  Min.  Co.,  In  re,  9  C.  L.  O.,  p.  92. 

\Miere  a  town  settlement  has  been  made  upon  a  mineral  claim,  a  reservation  clause 
should  properly  go  into  the  patent,  though  such  settlement  was  not  protected  by  a 
town-site  entry,  and  the  actual  rights  of  the  claimants  under  the  mineral  location 
and  the  town-site  settlement  would  depend  upon  priority  of  occupation,  but  the  ques- 
tion of  such  occupation  must  be  left  to  the  courts  to  determine. 

Hickey,  In  re,  3  L.  D.  85. 

Reservation  in  town-site  patents  in  favor  of  mineral  claimants  not  authorized  by 
law  are  unavailing. 
Townsite  of  Eureka  Springs  v.  Conant,  8  C.  L.  O.  3,  p.  4. 

6.  PURCHASER  FROM  TOWN  AUTHORITIES — TITLE. 

Patents  for  town  sites  excepting  therefrom  existing  mines  and  mining  possessions 
are  held  subject  to  any  valid  mining  claim  or  possession,  and  a  purchaser  of  a  lot  from 
town-site  authorities  holds  it  subject  to  the  same  conditions. 

Townsite  of  Butte,  In  re,  3  C.  L.  O.  131,  p.  132. 

The  deed  of  city  authorities  authorized  to  convey  lots  in  a  town  site  is  presumptively 
valid,  and  is  not  subject  to  collateral  attack. 

Larned  v.  Jenkins,  113  Fed.  634,  p.  638. 
See  Smith  v.  Pipe.  3  Colo.  187,  p.  199. 

Anderson  v.  Bartels,  7  Colo.  256,  pp.  263,  266. 

Chever  V.  Horner,  11  Colo.  68,  pp.  71,  79. 

7.  EFFECT  ON  JURISDICTION  OF  LAND  DEPARTMENT. 

The  issuance  of  a  patent  to  a  town-site  company  deprives  the  Land  Department  of 
all  further  jurisdiction  over  the  land  embraced  therein  so  long  as  the  patent  remains 
outstanding. 

Plymouth  Lode,  In  re,  12  L.  D.  513,  p.  514. 
See  United  States  v.  Schurz,  102  U.  S.  378. 

8.  SUBSEQUENT  DISCOVERY  OF  MINERAL. 

The  subsequent  discovery  of  minerals  in  lands  entered  and  patented  as  town-site 
entries  can  not  affect  the  vialidity  of  the  patent. 

Davis  V.  Weibbold,  139  U.  S.  507,  p.  518. 
See  Horsky  v.  Moran,  21  Mont.  345,  p.  363. 
Chambers  v.  Jones,  17  Mont.  156,  p.  162. 

The  title  to  land  of  persons  claiming  under  a  town-site  patent  where  it  was  not 
known  that  such  lands  contain  valuable  minerals  at  the  time  the  patent  was  issued 
is  not  impaired  by  a  subsequent  discovery  of  valuable  minerals  in  such  lands. 

Davis  v.  Weibbold,  139  U.  S.  507,  p.  518. 

Dower  v.  Richards,  151  U.  S.  658,  p.  663. 

Migeon  v.  Montana  Central  R.  Co.,  77  Fed.  249,  p.  256. 

Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  213. 

See  Deffeback  v.  Hawke,  115  U.  S.  392. 

A  change  in  the  conditions  occurring  subsequently  to  a  sale,  by  means  whereof 
it  may  become  profitable  to  work  the  veins  as  mines,  can  not  affect  the  title  to  land 


1366  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


as  it  passed  at  the  time  of  the  sale,  but  the  question  as  to  its  mineral  character  must  be 
determined  according  to  the  facts  existing  at  the  time  of  the  sale. 
Laney,  In  re,  9  L.  D.  83,  p.  84. 

See  Colorado  Coal  &  Iron  Co.  v.  United  States,  123  U.  S.  307. 

SECTION  2387,  REVISED  STATUTES. 

Whenever  any  portion  of  the  pubHc  lands  have  been  or  may  be 
settled  upon  and  occupied  as  a  town  site,  not  subject  to  entry  under 
the  agricultural  preemption  laws,  it  is  lawful,  in  case  such  town  be 
incorporated,  for  the  corporate  authorities  thereof,  and,  if  not  incor- 
porated, for  the  judge  oi  the  county  court  for  the  county  in  which 
such  town  is  situated,  to  enter  at  the  proper  land  office,  and  at  the 
minimum  price,  the  land  so  settled  and  occupied  in  trust  for  the 
several  use  and  benefit  of  the  occupants  thereof,  according  to  their 
respective  interests;  the  execution  of  which  trust,  as  to  the  disposal 
of  the  lots  in  such  town,  and  the  proceeds  of  the  sale,  thereof,  to  be 
conducted  under  such  regulations  as  may  be  prescribed  by  the 
legislative  authority  of  the  State  or  Territory  in  which  the  same  may 
be  situated. 

A.  TOWN-SITE  ACT— PURPOSE. 

B.  TOWN-SITE  ENTRY. 

A.  TOWN-SITE  ACT— PURPOSE. 

The  town-site  act  opens  to  entry  for  town-site  purposes  any  portions  of  the  public 
land  settled  upon  and  occupied  as  a  town  site,  not  subject  to  entry  under  the  agri- 
cultural or  preemption  laws,  but  lands  valuable  for  minerals  are  expressly  excepted 
from  all  town-site  sections. 

Hawke  v.  Deffeback,  4  Dak.  20,  p.  33. 

B.  TOWN-SITE  ENTRY. 

1.  Effect  of  entry  on  mining  claim. 

2.  Adverse  claim. 

3.  Does  not  carry  mining  claims. 

1.  effect  of  entry  on  mining  claim. 

A  town-site  entry  can  not  affect  a  valid  existing  mining  claim  situated  within  the 
boundaries  of  the  town  site,  as  in  such  case  the  mining  ground  has  been  previously 
granted  and  has  ceased  to  be  a  portion  of  the  public  lands,  for  which  only  a  town-site 
entry  can  be  made. 

Silver  Bow  Min.,  etc.,  Co.  v.  Clark,  5  Mont.  378,  p.  416. 

2.  ADVERSE  CLAIM. 

A  town-site  entry  and  patent  can  only  embrace  land  not  known  to  be  mineral  at 
the  time  of  entry  and  therefore  a  town-site  patentee  has  no  standing  as  an  adverse  claim- 
ant against  an  application  for  patent  by  a  mineral  claimant,  as  this  question  must  be 
decided  by  the  Land  Department,  and  a  decision  by  a  court  on  that  question  would 
not  be  binding  or  relieve  the  department  from  the  duty  of  making  its  own  decision. 

Ryan  v.  Granite  Hill  Min.,  etc.,  Co.,  29  L.  D.  522,  p.  524. 
Wright  V.  Town  of  Hartville,  13  Wyo.  497,  p.  507. 


TOWN-SITE  SECTIONS  AND  ACTS,  PP.  1354-1382. 


1867 


3.  DOES  NOT  CARRY  MINING  CLAIMS. 

A  town-site  entry  and  patent  does  not  carry  title  to  any  mine  of  ^old,  silver,  or  cop- 
per, or  to  any  valid  mining  claim  or  possession  held  under  existing  law. 
Callahan  v.  James,  141  Cal.  291,  p.  293. 

The  fact  that  land  was  known  at  the  date  of  a  town-site  entry  to  contain  some  min- 
eral would  not  alone  warrant  a  conclusion  that  it  was  excepted  from  the  town-site 
patent. 

Mill  Side  Lode,  In  re,  39  L.  D.  356,  p.  358. 

SECTION  2392,  REVISED  STATUTES. 

No  title  shall  be  acquired,  under  the  foregoing  provisions  of  this 
chapter,  to  any  mine  of  gold,  silver,  cinnabar,  or  copper,  or  to  any- 
valid  mining  claim  or  possession  held  under  existing  laws. 

See  14  Stat.  541,  p.  541,  p.  1376;  15  Stat.  67,  p.  1377. 

A.  TOWN-SITE  LAWS. 

B.  TOWN-SITE  PATENT,  p.  1371. 

C.  MINERAL  PATENT,  p.  1374. 

A.  TOWN-SITE  LAWS. 

1.  Construction  and  purpose. 

2.  Mines  of  gold" — ''Lands  valuable  for  minerals" — 

Meaning. 

3.  Town  sites  located  on  mineral  lands — Effect. 

4.  Existing  mining  rights  protected. 

5.  Title  to  mineral  lands  not  acquired  under. 

6.  Extent  of  prohibition  against  title  to  mines. 

7.  Mineral    character    of    land — Determination  and 

jurisdiction. 

8.  Minerals  in  town-site  lands  open  to  exploration. 

1.  construction  and  purpose. 

Congress,  by  these  statutes  relating  to  town  sites,  recognized  the  possession  of  min- 
ing claims  within  their  limits. 
Deffeback  v.  Hawke,  115  U.  S.  392,  p.  402. 

This  section  has  no  relation  to  a  patent  for  a  town  site  issued  July  1,  1869. 
Richards  v.  Dower,  81  Cal.  44,  p.  49. 

This  section  does  not  evince  a  legislative  intent  to  permit  town-site  entries  upon 
mineral  lands. 

Hawke  v.  Deffeback,  4  Dak.  20,  p.  32. 

It  is  proper  for  the  Government  to  reserve  to  itself  the  title  to  any  gold  mine  which 
may  be  known  to  exist  in  any  part  of  a  town-site  lot. 
Dower  v.  Richards,  73  Cal.  477,  p.  478. 

2.  ''mines  of  gold" — "lands  valuable  for  minerals" — MEANING. 

The  term  "mines  of  gold,  silver,  cinnibar,  or  copper,"  used  in  connection  with 
town-site  lands,  refers  only  to  known  mines  discovered  prior  to  the  issuance  of  the 
town-site  patent. 

Williams,  In  re,  9  C.  L.  O.  147. 


1368  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


The  term  "mine  of  gold,  silver,  cinnabar,  or  copper,"  as  used  in  the  exception  found 
in  this  section,  means  a  paying  mine  known  to  exist  at  the  time  of  the  grant,  or  one 
which  there  was  good  reason  to  believe  then  existed. 

Smith  V.  Hill,  89  Cal.  122,  p.  125. 

The  words  "mines  of  gold,"  used  in  this  section,  and  the  term  "lands  valuable  for 
minerals"  in  section  2318  R.  S.,  and  the  words  "valuable  mineral  deposits"  in  sec- 
tion 2319,  and  the  word  "mine"  in  section  2323  R.  S.,  all  refer  to  substantially  the 
same  thing  and  embrace  both  veins  or  lodes  and  placers, 

Hawke  v.  Deffeback,  4  Dak.  20,  p.  33. 

A  town-site  entry  can  not  be  made  on  lands  known  to  contain  minerals  of  such  ex- 
tent and  value  as  to  justify  expenditure  for  the  purpose  of  extracting  them. 

Callahan  v.  James,  141  Cal.  291. 
See  Smith  v.  Hill,  89  Cal.  122. 

3.  TOWN  SITES  LOCATED  ON  MINERAL  LANDS — EFFECT. 

A  town  site  may  be  located  on  mineral  land. 

Rico  Townsite,  In  re,  1  L.  D.  556,  p.  558. 
Townsite  of  Big  Oak  Flat,  In  re,  15  C.  L.  O.  3. 
See  Deffeback  v.  Hawke,  115  U.  S.  392. 

Town  sites  may  be  located  on  mineral  land,  but  the  town-site  claimant  will  hold 
his  claims  subject  to  the  rights  of  the  mineral  claimant. 

Esler  V.  Townsite  of  Cooke,  4  L.  D.  212,  p.  214. 

See  Mining  Co.  v.  Consolidated.  Min.  Co.,  102  U.  S.  167,  p.  168. 

Steel  V.  Smelting  Co.,  106  U.  S.  447. 

Rico  Townsite,  In  re,  1  L.  D.  556,  p.  557. 

Smith,  In  re,  7  L.  D.  415. 

Townsite  of  Butte,  In  re,  3  C.  L.  0.  131. 

Vizina  Consol.  Min.  Co.,  In  re,  9  C.  L.  O.  92. 

Papina  v.  Alderson,  10  C.  L.  O.  52, 

4.  EXISTING  MINING  RIGHTS  PROTECTED. 

Congress  intended  by  this  section  to  preserve  existing  rights  to  known  mines  of 
gold,  silver,  cinnabar,  or  copper,  and  to  known  mining  claims  and  possessions  as 
against  any  assertion  of  title  thereto  by  virtue  of  conveyances  received  under  the 
town-site  act  and  not  to  leave  the  title  of  purchasers  on  town  sites  to  be  disturbed  by 
future  discoveries. 

Davis  V.  Weibbold,  139  U.  S.  507,  p.  525. 

Cowell  V.  Lammers,  21  Fed,  200. 

Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  602. 

Plymouth  Lode,  In  re,  12  L,  D.  513,  p.  515. 

Smith  V.  Hill,  89  Cal.  122,  p.  126, 

Loney  v.  Scott,  57  Oreg.  378,  p,  383. 

The  provisions  of  this  section  prohibiting  the  acquisition  of  title  to  mines  in  town 
sites  are  to  be  read  in  connection  with  the  clause  protecting  existing  rights  to  mineral 
veins  and  with  the  qualification  accompanying  exceptions  in  acts  of  Congress  of  min- 
eral lands  from  grant  or  sale. 

Davis  V.  Weibbold,  139  U.  S,  507,  p,  518, 

The  proviso  of  this  section  was  inserted  in  pursuance  of  the  usual  policy  of  reserva- 
tion and  exception  of  lands  valuable  for  minerals  and  to  prevent  the  acquisition  of 
title  to  such  lands  under  the  provisions  of  the  town-site  act. 

Hawke  v.  Deffeback,  4  Dak.  20,  p,  33. 


TOWN-SITE  SECTIONS  AND  ACTS,  PP.  1354-1382.  13  69 


5.  TITLE  TO  MINERAL  LANDS  NOT  ACQUIRED  UNDER. 
See  Sec.  2386,  p.  1354. 

Under  this  and  the  succeeding  sections  no  title  from  the  United  States  to  land  known 
at  the  time  of  the  sale  to  be  valuable  for  its  mines  of  gold,  silver,  cinnabar,  or  copper 
can  be  obtained  under  the  preemption  or  homestead  laws  or  the  town-site  laws,  or 
in  any  other  way  than  as  prescribed  by  law,  except  in  the  States  of  Michigan,  Wiscon- 
sin, Minnesota,  Missouri,  and  Kansas. 

Deffeback  v.  Hawke,  115  U.  S.  392,  p.  404. 

Colorado  Coal  &  Iron  Co.  v.  United  States,  123  U.  S.  307,  p.  309. 

Davis  V.  Weibbold,  139  U.  S.  507,  p.  517. 

Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  pp.  603,  614,  616. 

Spong,  In  re,  5  L.  D.  193. 

Pike's  Peak  Lode,  In  re,  10  L.  D.  200. 

Pacific  Slope  Lode,  In  re,  12  L.  D.  686. 

Cameron  Lode,  In  re,  13  L.  D.  369. 

Duffy  Quartz  Mine,  In  re,  18  L.  D.  259,  p.  260. 

Pacific  Slope  Lode  v.  Butte  Townsite,  25  L.  D.  518,  p.  521. 

Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  213. 

South  Comstock  Gold,  etc.,  Min.  Co.,  In  re,  2  C.  L.  O.  146. 

Rico  Townsite,  In  re,  1  L.  D.  556. 

Largey,  In  re,  17  C.  L.  O.  3,  p.  4. 

Kansas  City  Min.,  etc.,  Co.  v.  Clay,  3  Ariz.  326,  p.  330. 

Silver  Bow  Min.,  etc.,  Co.  v.  Clark,  5  Mont.  378,  p.  416. 

Talbott  v.  King,  6  Mont.  76,  p.  99. 

Golden  v.  Murphy,  31  Nev.  395,  p.  408. 

United  States  v.  San  Pedro,  etc.,  Co.,  4  N.  Mex.  225,  p.  294. 
See  Laney,  In  re,  9  L.  D.  83. 

The  title  to  known  valuable  mineral  land  can  not  be  acquired  under  the  town-site 
laws,  but  this  does  not  militate  against  the  validity  of  an  entry  so  far  as  it  affects  prop- 
erty other  than  mineral  lands. 

Deffeback  v.  Hawke,  115  U.  S.  392,  p.  406. 
Olive  Land  &  Dev.  Co.  v.  Olmstead,  103  Fed.  568,  p.  577. 
Smoke  House  Lode,  In  re,  4  L.  D.  555,  p.  556. 
Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  213. 
Reilly  v.  Berry,  2  Ariz.  272,  p.  274. 

Old  Dominion  Copper  Min.,  etc.,  Co.  v.  Haverly,  11  Ariz.  241,  p.  253. 

While  town-site  laws  permit  occupation  and  entry  of  lands  in  mineral  regions, 
they  expressly  provide  that  no  title  shall  be  acquired  thereunder  to  the  precious 
metals. 

Townsite  of  Eureka  Springs  v.  Conant,  8.  C.  L.  O.  3,  p.  4. 

Lands  valuable  for  placer  mining  claims  are  not  subject  to  entry  for  town-site  pur- 
poses. 

Townsite  of  Deadwood,  In  re,  8  C.  L.  O.  153,  p.  155. 
Townsite  of  Leadville,  In  re,  9  C.  L.  O.  71. 
See  Van  Ocker,  In  re,  9  C.  L.  0.  71. 

No  title  can  be  acquired  under  these  statutes  to  any  mine  of  gold,  silver,  cinnabar, 
or  copper,  or  to  any  valid  mining  claim  or  possession  held  under  existing  laws  in  town 
sites,  and  the  title  to  the  surface  of  such  town  sites  as  were  not  occupied  by  any  person 
was  in  the  United  States  to  be  held  in  trust  for  the  inhabitants  of  the  town  or  city, 
and  the  town  sites  were  not  thereafter  subject  to  location  as  placer  mining  claims. 

Ritter  v.  Lynch,  123  Fed.  930,  p.  931. 

6.  EXTENT  OF  PROHIBITION  AGAINST  TITLE  TO  MINES. 

The  provisions  of  this  section  merely  prohibit  the  passage  of  title  under  the  pro- 
visions of  the  town-site  laws  to  mines  of  gold,  silver,  cinnabar,  or  copper,  which  are 
known  to  exist  at  the  time  of  the  issue  of  the  town-site  patent,  and  to  mining  claims 
56974°— Bull.  94,  pt  2—15  35 


1370  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


and  milling  possessions  where  proceedings  have  been  taken  under  the  laws  and  cus- 
toms of  miners  rendering  them  valid  and  creating  property  rights  in  the  holder,  and 
not  to  prohibit  the  acquisition  for  all  time  of  mines  which  then  lay  buried  in  the 
depths  of  the  earth. 

Davis  V.  Weibbold,  139  U.  S.  507,  p.  518. 

Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  600. 

Kansas  City  Copper  Min.,  etc.,  Co.  v.  Clay,  3  Ariz.  326,  p.  332. 

Old  Dominion  Copper  Min.,  etc.,  Co.  v.  Haverly,  11  Ariz.  241,  p.  253. 

See  Olive  Land  &  Dev.  Co.  v.  Olmstead,  103  Fed.  568,  p.  577. 

7.  MINERAL  CHARACTER  OF  LAND  DETERMINATION  AND  JURISDICTION. 

The  provision  that  no  title  shall  be  acquired  in  town  sites  to  any  mine  of  gold,  silver, 
cinnabar,  or  copper,  or  to  any  valid  mining  claim  or  possession  held  under  existing 
laws,  imports  only  that  the  provisions  by  which  the  title  to  lands  in  such  town  sites 
are  transferred  shall  not  be  the  means  of  passing  the  title  to  mines  of  gold,  silver, 
cinnabar,  or  copper  in  the  land,  or  to  valid  mining  claims  or  possessions  thereon. 

Davis  V.  Weibbold,  139  U.  S.  507,  p.  518. 

A  known  lode  claim  based  on  a  recorded  location  embraced  in  a  town-site  patent 
providing  that  no  title  shall  be  acquired  to  any  mine  of  gold,  silver,  cinnabar,  or 
copper,  or  to  any  valid  mining  claim  or  possession,  terminates  the  jurisdiction  of 
the  department  over  the  ground  embraced  in  the  lode  claim. 

Pacific  Slope  Lode,  In  re,  12  L.  D.  686,  p.  688. 
Pike's  Peak  Lode,  In  re,  14  L.  D.  47,  p.  49. 

The  question  of  whether  or  not  lands  located  under  any  of  the  provisions  of  the 
land  laws  are  mineral  lands  is  to  be  determined  by  the  Land  Department,  to  which 
the  administration  of  land  laws  has  been  committed. 

Board  of  Education  v.  Mansfield,  17  S.  Dak.  72,  p.  78. 

8.  MINERALS  IN  TOWN-SITE  LANDS  OPEN  TO  EXPLORATION. 

When  mines  are  found  in  public  lands  belonging  to  the  United  States,  whether 
within  or  without  town  sites,  they  may  be  claimed  and  worked,  provided  they  do 
not  interfere  with  existing  rights  of  others  gained  by  prior  occupation. 

Steel  V.  Smelting  Co.,  106  U.  S.  447,  p.  450. 

Unoccupied  public  land  embraced  within  a  town  site  is  not  exempt  from  location 
and  sale  for  mining  purposes,  but  its  exemption  is  only  from  settlement  and  sale  under 
the  preemption  laws. 

Steel  V.  Smelting  Co.,  106  U.  S.  447,  p.  449. 
Deffeback  v.  Hawke,  115  U.  S.  392,  p.  406. 
See  Rankin,  In  re,  7  L.  D.  411. 

When  mines  are  found  in  the  public  lands,  whether  within  or  without  town  sites, 
they  may  be  claimed  and  worked  where  the  existing  rights  of  others  from  a  prior  oc- 
cupation are  not  interfered  with. 

Davis  V.  Weibbold,  139  U.  S.  525;  11  Sup.  Ct.  635. 
Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  605. 

Mines  of  precious  metals  found  in  lands  belonging  to  the  United  States,  whether 
within  or  without  town  sites,  may  be  claimed  and  worked  if  not  otherwise  occupied. 
Poire  V.  Wells,  6  Colo.  406,  p.  411. 


TOWN -SITE  SECTIONS  AND  ACTS,  PP.  1354-1382. 


1371 


B.  TOWN- SITE  PATENT. 

1.  Effect  as  a  conveyance. 

2.  Minerals  reserved — Meaning  and  proof. 

3.  Mineral  lands  exempted — Proof  of  value. 

4.  Known  lode  claim  included — Kemedy. 

5.  Effect  as  against  mineral  claimants. 

6.  Relief  against  prior  mineral  entry. 

7.  Ground  abandoned  by  mineral  claimant — Presumption. 

8.  Mill  site  excepted. 

9.  Subsequent  discovery  of  mineral. 

1.  effect  as  a  conveyance. 

A  patent  of  a  town  site  is  a  quitclaim  deed  from  the  United  States,  and  when  prop- 
erly recorded  is  notice  to  the  world  of  all  it  contains. 
McCarthy,  In  re,  14  L.  D.  105,  p.  108. 

2.  MINERALS  RESERVED — MEANING  AND  PROOF. 

This  statute  reserves  from  patents  for  town-site  lands  only  mines  of  gold,  silver, 
cinnabar,  or  copper  which  are  known  to  exist  at  the  time  of  the  issue  of  the  patent 
and  mining  claims  and  possessions  then  lawfully  existing. 

Lamed  v.  Jenkins,  113  Fed.  634,  p.  637. 

See  Davis  V.  Weibbold,  139  U.  S.  507,  pp.  518,  526,  527. 

Dower  v.  Richards,  151  U.  S.  658,  p.  663. 

Smith  V.  Hill,  89  Cal.  122. 

A  patent  issued  to  the  town-site  of  Butte  in  accordance  with  the  law  declaring  that 
no  title  shall  be  acquired  under  the  town-site  laws  to  any  mine  of  gold,  silver,  cinna- 
bar, or  copper,  expressly  excluded  such  veins  or  lodes  from  the  operation  of  the  con- 
veyance. 

Pacific  Slope  Lode,  In  re,  12  L.  D.  686,  p.  688. 

The  patent  to  town-site  land  will  convey  no  title  to  a  known  mine,  a  mining  claim, 
or  the  possession  of  a  lode  in  the  land  patented. 
Cameron  Lode,  In  re,  13  L.  D.  369,  p.  370. 

In  order  to  exempt  mining  or  mineral  lands  from  the  operation  of  a  town-site  patent 
it  is  not  sufiicient  that  the  lands  do  in  fact  contain  minerals  when  the  town-site  patent 
takes  effect,  but  it  is  necessary  that  they  be  known  to  contain  minerals  of  such  extent 
and  value  as  to  justify  expenditures  for  the  purpose  of  extracting  such  minerals,  but 
subsequent  discovery  does  not  defeat  or  impair  the  title. 

Harkrader  v.  Goldstein,  31  L.  D.  87,  p.  95. 
See  Deffeback  v.  Hawke,  115  U.  S.  392. 

The  title  to  mines  of  gold,  silver,  cinnabar,  or  copper,  and  all  mining  claims  or 
possessions  under  existing  laws,  is  not  affected  by  a  town-site  patent. 

Townsite  of  Butte,  In  re,  3  C.  L.  0.  131. 

See  Townsite  of  Central  City,  In  re,  2  C.  L.  0.  150. 

This  section  expressly  forbids  the  acquisition  of  title  to  any  mine,  mining  claim, 
or  possession  by  virtue  of  such  occupation,  and  a  town-site  patent  issued  in  pursuance 
thereof  necessarily  exempts  any  such  mine  or  mining  claim. 

Talbott  V.  King,  6  Mont.  76,  p.  101. 


1372  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Mining  ground  is  expressly  excluded  from  the  force  and  effect  of  a  town-site  patent 
by  the  language  of  the  patent  itself  and  also  by  this  section  of  the  statute. 
King  V.  Thomas,  6  Mont.  409,  p.  414. 

Under  this  and  section  2386  R.  S.,  patents  for  town  sites  except  from  the  conveyance 
all  mining  rights,  and  patents  for  vein  or  lode  claims  within  town-site  limits  except 
all  town  property  rights  upon  the  surface. 

Hawke  v.  Deffeback,  4  Dak.  20,  p.  28. 

3.  MINERAL  LANDS  EXEMPTED — PROOF  OF  VALUE. 

In  case  of  a  contest  between  a  mineral  claimant  and  a  person  holding  a  town-site 
patent,  in  order  to  except  mineral  lands  from  such  a  patent  such  lands  must  be  known 
to  contain  minerals  of  such  extent  and  value  as  to  justify  expenditures  for  the  purpose 
of  extracting  such  mineral,  and  the  fact  that  they  had  once  been  valuable,  or  had 
subsequently  been  discovered  to  be  so  valuable,  does  not  impair  the  town-site  patent. 

Deffeback  v.  Hawke,  115  U.  S.  392,  p.  404. 
Davis  V.  Weibbold,  139  U.  S.  507,  p.  525. 
Dower  v.  Richards,  151  U.  S.  658,  p.  663. 
Bonner  v.  Meikle,  82  Fed.  697,  p.  704. 

Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  pp.  213,  214,  215. 
Madison  v.  Octave  Oil  Co.,  154  Cal.  768,  p.  772. 

If  there  are  no  actual  known  mines  capable  of  being  profitably  worked  so  as  to  make 
the  land  more  valuable  for  mining  than  for  agriculture  a  patent  under  the  preemption 

act  can  not  be  set  aside. 

Plymouth  Lode,  In  re,  12  L.  D.  513,  p.  515. 

See  Colorado  Coal  &  Iron  Co.  v.  United  States,  123  U.  S.  307. 

The  effect  of  a  reservation  in  a  town-site  patent  in  the  language  of  the  statute  is  to 
exclude  from  the  grant  all  valid  mining  claims  properly  located  and  held  prior  to  the 
entry  of  the  town  site  as  well  as  all  mines  of  gold,  silver,  cinnabar,  or  copper. 

Williams,  In  re,  9  C.  L.  O.  147. 

4.  KNOWN  LODE  CLAIM  INCLUDED — REMEDY. 

Where  it  appears  that  a  town-site  patent  has  issued  for  lands  embracing  a  known 
lode  claim  duly  recorded  prior  to  the  town-site  entry,  judicial  proceedings  should  be 
instituted  for  the  vacation  of  the  patent  so  far  as  it  conflicts  with  the  mining  claim, 
and  a  patent  should  then  issue  to  the  mineral  claimant  and  under  such  circumstances 
the  department  may  order  a  hearing  to  ascertain  whether  the  grounds  embraced  in 
the  mineral  claim  were  known  to  be  valuable  for  minerals  at  the  date  of  or  prior  to  the 
town-site  entry. 

Cameron  Lode,  In  re,  13  L.  D.  369,  p.  371. 
See  Plymouth  Lode,  In  re,  12  L.  D.  513. 

A  town-site  patent  conveys  no  title  to  any  mine  of  gold,  silver,  cinnabar,  copper,  or 
any  vaUd  mining  claim  or  possession  held  under  existing  laws. 
Townsite  of  Coalville,  In  re,  4  C.  L.  O.  46,  p.  47. 

A  town-site  patent  can  not  convey  to  the  patentee  any  surface  ground  of  an  existing 
vaUd  mining  location  within  the  town-site  limits. 

Silver  Bow  Min.,  etc.,  Co.  v.  Clark,  5  Mont.  378,  p.  418. 
See  Talbott  v.  King,  6  Mont.  76,  p.  98. 

5.  EFFECT  AS  AGAINST  MINERAL  CLAIMANTS. 

Town-site  lots  must  be  taken  burdened  with  the  rights  of  the  mineral  claimants  and 
the  necessary  use  thereof,  and  the  quasi  title  of  the  lot  owner  must  give  way  to  the 
title  of  the  mineral  claimant  for  the  purpose  of  mining. 

Rico  Townsite,  In  re,  1  L.  D.  556,  pp.  558,  559. 


TOWN-SITE  SECTIONS  AND  ACTS,  PP.  1.354-1.382. 


1373 


No  rights  possessed  by  a  protestant  will  be  lost  or  prejudiced  by  the  issuance  of  a 
town-site  patent  subject  to  the  limitations  of  this  section  for  the  full  area  claimed  in 
the  declaratory  statement. 

Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  212. 

When  title  is  acquired  to  a  town-site  lot,  no  right  remains  to  proceed  for  patent  for 
mining  ground  under  the  reservations  of  law  except  for  mines  with  the  incidents  of 
such  surface  ground  as  are  actually  necessary  for  operations,  and  for  such  mine  an  I 
possessory  rights,  together  with  surface  ground  not  in  excess  of  that  recognized  by  law 
at  the  date  of  the  location,  as  were  acquired  by  the  locator  before  the  legal  inception 
of  the  town-site  title. 

Papina  v.  Alderson,  10  C.  L.  O.  52,  p.  53. 

The  locator  of  a  placer  mining  claim  having  only  a  placer  mining  right  and  to  the 
extent  that  his  interest  is  interfered  with  he  can  maintain  a  suit  to  remove  a  cloud 
therefrom  or  to  quiet  a  title  to  such  limited  interest,  but  he  can  not  maintain  an  action 
to  cancel  a  patent  issued  for  a  town  site. 

Carter  v.  Thompson,  65  Fed.  329,  p.  331. 

Board  of  Education  v.  Mansfield,  17  S.  Dak.  72,  p.  79. 

A  lode  claimant  will  not  be  permitted  to  prove  that  the  lode  claimed  by  him  was 
known  to  exist  prior  to  the  issuance  of  the  town-site  patent  where  it  is  not  shown  that 
the  lands  covered  by  the  town  site  were  known  to  be  mineral  prior  to  the  town-site 
entry  and  patent. 

Laney,  In  re,  9  L.  D.  83,  p.  84. 

6.  RELIEF  AGAINST  PRIOR  MINERAL  ENTRY. 

The  patentee  of  a  town-site  lot  on  land  containing  a  prior  mineral  entry  may  be  given 
an  opportunity  to  reconvey  to  the  Government  the  tract  included  in  such  mineral 
entry  and  thus  give  the  department  jurisdiction  to  pass  upon  conflicting  claims,  but 
the  conveyance  must  be  absolute  and  accompanied  by  proof  that  the  land  had  not 
been  previously  conveyed,  thus  saving  the  expense  and  delay  of  litigation. 

Pederson  Lode  v.  Black  Hawk  Townsite,  14  L.  D,  186. 
See  Juniata  Lode,  In  re,  13  L.  D.  715. 

Upon  proof  showing  that  a  town-site  entry  or  patent  includes  a  mine  of  valuable  ore, 
known  to  be  such  at  the  date  of  the  town-site  entry  and  patent,  the  department  may 
order  a  hearing  with  a  view  to  subsequent  judicial  proceedings. 

Plymouth  Lode,  In  re,  12  L.  D.  513,  p.  514. 
Pacific  Slope  Lode,  In  re,  12  L.  D.  686,  p.  687. 
Cameron  Lode,  In  re,  13  L.  D.  369,  p.  370. 

7.  GROUND  ABANDONED  BY  MINERAL  CLAIMANT — PRESUMPTION. 

The  fact  that  the  locator  of  a  mining  claim  under  the  act  of  1866  has  marked  his 
location  boundaries  and  taken  a  patent  for  a  part  of  his  location  would  indicate  that 
no  mine  was  then  known  to  exist  upon  the  part  thus  abandoned  by  him,  and  a  town- 
site  patent  for  such  abandoned  part  is  valid. 

Larned  v.  Jenkins,  113  Fed.  634,  p.  637. 

8.  MILL  SITE  EXCEPTED. 

Under  the  town-site  laws  no  title  can  be  acquired  to  a  mill  site  located  in  connection 
with  a  mining  claim. 

Davis  V.  Weibbold,  139      S.  507,  p.  517. 
Cleary  v.  Skiffich,  28  Colo.  362,  p.  369. 
See  Dughi  v.  Harkins,  2  L.  D.  721. 


1374  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


A  mill  site  properly  entered  and  used  in  connection  with  an  existing  mining  claim 
is  by  law  excepted  from  a  subsequent  town-site  entry  and  patent,  by  force  of  this 
section. 

Hartman  v.  Smith,  7  Mont.  19,  p.  29. 

A  patent  for  a  town  site,  including  a  mill  site,  used  in  connection  with  an  existing 
claim  is  void. 

Hartman  v.  Smith,  7  Mont.  19,  p.  30. 

Local  officers  should  not  permit  a  town-site  entry  pending  proceedings  on  the  pro- 
test of  a  mill-site  claimant. 

Esler  V.  Townsite  of  Cooke,  4  L.  D.  212,  p.  215. 

9.  SUBSEQUENT  DISCOVERY  OF  MINERAL. 

If  land  is  not  known  to  be  mineral  in  character  and  no  mining  locations  have  been 
made  thereon,  a  town-site  patent  can  not  be  invalidated  by  a  subsequent  discovery 
of  mineral. 

Duffy  Quartz  Mine,  In  re,  18  L.  D.  259,  p.  263. 

The  right  of  a  town-lot  owner  is  not  to  be  destroyed  by  the  subsequent  discovery 
of  a  mineral  vein,  but  the  relative  rights  of  the  town-lot  owner  and  mineral  claimant 
depend  on  the  priority  of  acquisition  of  title. 

Rico  Townsite,  In  re,  1  L.  D.  556,  p.  559. 

See  Townsite  Clause,  In  re,  5  L.  D.  256,  p.  257. 

Where  a  town-site  claimant  has  acquired  his  rights  in  advance  of  the  discovery  of 
any  mine  and  the  initiation  of  proceedings  for  the  acquisition  of  title,  his  rights  will 
be  deemed  superior  to  those  of  the  mining  claimant,  otherwise  the  title  of  the  mineral 
claimant  is  superior. 

Duffy  Quartz  Mine,  In  re,  18  L.  D.  259,  p.  263. 
See  Davis  v.  Weibbold,  139  U.  S.  507,  p.  526. 

A  change  in  the  condition  of  lands  subsequent  to  patent  with  reference  to  valuable 
mineral  deposits  can  not  affect  the  title  as  it  passed  at  the  time  of  the  sale. 

Plymouth  Lode,  In  re,  12  L.  D.  513,  p.  514. 

Colorado  Coal  &  Iron  Co.  v.  United  States,  123  U.  S.  307. 

C.  MINERAL  PATENT. 

1.  Application — Objections — Priority  of  rights. 

2.  Reserving  town-site  rights. 

3.  Priority  of  location — Relation— Reservation. 

4.  Town-site  owner — No  compensation  for  improvements. 

1.  application — OBJECTIONS — PRIORITY  OF  RIGHTS. 

An  application  for  patent  for  a  lode  claim  can  not  be  objected  to  because  there  is  an 
application  for  a  tov/n  site  which  embraces  the  ground  included  in  the  lode  claim 
application. 

South  Comstock  Gold,  etc.,  Min.  Co.,  In  re,  2  C.  L.  O.  146. 

On  application  for  patent  for  a  mining  claim  within  a  town  site  where  it  is  alleged 
that  such  town  site  included  a  mine  containing  valuable  ore  the  existence  of  which 
was  well  known  at  the  time  the  town-site  patent  was  issued,  the  department  may 
inquire  into  the  truthfulness  of  the  allegation  with  a  view  of  recommending  a  suit  to 
vacate  so  much  of  the  town-site  patent  as  describes  the  mineral  claim. 

Plymouth  Lode,  In  re,  12  L.  D.  513,  p.  514. 
See  Bullock  v.  Central  Pac.  R.  Co.,  11  L.  D.  590. 

Colorado  Coal  &  Iron  Co.  v.  United  States,  123  U.  S.  307. 


TOWN-SITE  SECTIONS  AND  ACTS,  PP.  1354-1382. 


1375 


The  existence  of  prior  poRflessory  rights  of  mineral  lands,  whether  in  town  sites  or 
otherwise,  is  a  matter  j)roj)erly  cognizal)le  by  the  Land  Department  wh9n  application 
is  made  for  a  patent,  unless  Congress  lias  referred  it  to  local  tribunals. 

Steel  V.  Smelting  Co.,  106  U.  S.  447,  p.  450. 

A  locator  in  possession  of  an  existing  valid  mining  claim  is  not  required  to  file  an 
adverse  claim  to  a  subsequent  entry  of  a  town  site. 
Silver  Bow  Min.,  etc.,  Co.  v.  Clark,  5  Mont.  378,  p.  417. 

2.  RESERVING  TOWN-SITE  RIGHTS. 

A  clause  reserving  town-site  rights  should  be  inserted  in  a  mineral  patent  where  it 
appears  that  a  portion  of  a  town  covers  the  mineral  claim. 
Hickey,  In  re,  3  L.  D.  85. 

In  issuing  patents  for  mining  claims  upon  veins  or  lodes,  where  it  appears  that  the 
surface  ground  lies  within  the  limits  of  a  previously  located  or  patented  town  site, 
it  is  proper  to  insert  a  reservation  of  the  surface  rights,  including  buildings,  structures, 
and  improvements  on  the  surface,  thus  giving  to  the  mineral  claimant  all  that  the  law 
contemplates  to  be  granted  by  the  patent  in  such  cases. 

Mandeville,  In  re,  Copp's  Min.  Lands  308. 

This  section  gives  to  town-site  occupants  surface  rights  subject  to  the  rights  of  min- 
eral claimants;  and  a  patent  for  a  mining  claim  may  contain  a  reservation  saving  the 
rights  of  the  town-site  occupants. 

Vizina  Consol.  Min.  Co.,  In  re,  8  C.  L.  O.  172. 

3.  PRIORITY  OF  LOCATION — RELATION — RESERVATIONS. 

Mining  claims  legally  located  are  prior  to  subsequent  town-site  entries  and  the 
patent  when  issued  dates  by  relation  to  the  time  of  the  location. 

Silver  Bow  Min.,  etc.,  Co.  v.  Clark,  5  Mont.  378. 
Talbott  V.  King,  6  Mont.  76. 
Murray  v.  Buol,  In  re,  6  Mont.  397. 

See  St.  Paul  &  Pac.  R.  Co.  v.  Northern  Pac.  R.  Co.,  139  U.  S.  1. 
Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592,  p.  608. 

Where  a  mining  claim  existed  and  was  possessed  throughout  its  entire  length  prior 
to  a  town-site  location,  and  the  possessory  right  of  the  mineral  claimant  has  since  been 
continuously  held  and  maintained  in  accordance  with  the  mining  laws,  no  reservation 
in  behalf  of  town-site  occupants  should  be  made  in  the  patent  for  such  mining  claim. 

Mandeville,  In  re,  Copp's  Min.  Lands  328,  p.  330. 
Vizina  Consol.  Min.  Co.,  In  re,  8  C.  L.  O.  172. 

4.  TOWN-SITE  OWNER — NO  COMPENSATION  FOR  IMPROVEMENTS. 

Land  within  the  limitfl  of  a  town-site  entry  which  was  known  to  be  valuable  for 
mineral,  and  found  to  be  mineral  in  character,  leaves  town-site  settlers  on  such  lands 
without  legal  or  equitable  rights,  and  they  are  not  entitled  to  compensation  for  their 
improvements  under  local  statutes. 

Deffeback  v.  Hawke,  115  U.  S.  392,  p.  407. 
Sparks  v.  Pierce,  115  U.  S.  408,  p.  413. 
Hawke,  In  re,  5  L.  D.  131. 

5  STAT.  657,  MAY  23,  1844. 

ENTRY  BY  CORPORATE  AUTHORITIES. 

AN  ACT  For  the  relief  of  the  citizens  of  towns  upon  the  lands  of  the  United  States. 

Be  it  enacted,  etc.,  That  whenever  any  portion  of  the  surveyed 
public  lands  has  been  or  shall  be  settled  upon  and  occupied  as  a 


1376  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


town  site,  and  therefore  not  subject  to  entry  under  the  existing 

Ereemption  laws,  it  shall  be  lawful,  in  case  such  town  or  place  shall 
e  incorporated,  for  the  corporate  authorities  thereof,  and,  if  not 
incorporated,  for  the  judges  of  the  county  court  for  the  county  in 
which  such  town  may  be  situated,  to  enter,  at  the  proper  land  office, 
and  at  the  minimum  price,  the  land  so  settled  and  occupied,  in  trust, 
for  the  several  use  and  benefit  of  the  occupants  thereof,  according 
to  their  respective  interests;  the  execution  of  which  trust,  as  to  the 
disposal  of  the  lots  in  such  town,  and  the  proceeds  of  the  sales  thereof, 
to  be  conducted  under  such  rules  and  reginations  as  may  be  prescribed 
by  the  legislative  authority  of  the  State  or  Territory  in  which  the 
same  in  situated:  Provided,  That  the  entry  of  the  land  intended  by 
this  act  be  made  prior  to  the  commencement  of  the  public  sale  of  the 
body  of  land  in  which  it  is  included,  and  that  the  entry  shall  include 
only  such  land  as  is  actually  occupied  by  the  town,  and  be  made  in 
conformity  to  the  legal  subdivisions  of  the  public  lands  authorized 
by  the  act  of  April  24,  1820,  and  shall  not  in  the  whole  exceed  320 
acres:  And  provided,  also,  That  any  act  of  said  trustees,  not  made  in 
conformity  to  the  rules  and  regulations  herein  alluded  to,  shall  be 
void  and  of  none  effect:  And  provided,  also,  That  the  corporate 
authorities  of  the  town  of  Weston,  in  the  county  of  Platte,  State  of 
Missouri,  or  the  county  court  of  Platte  county,  in  said  State,  shall 
be  allowed  12  months,  from  and  after  the  passage  of  this  act  to  enter 
at  the  proper  land  office,  the  lands  upon  which  said  town  is  situate. 

A.  TOWN-SITE  LAWS. 

1.  Force  and  application. 

2.  Mineral  lands  not  subject  to  occupation. 

1.  force  and  application. 

This  act  is  the  original  town-site  act. 
Murray  v.  Hobson,  10  Colo.  66,  p.  72. 

The  general  town-site  statute  was  never  in  force  in  the  State  of  Oregon. 
Marlin  v.  T'Vault,  1  Greg.  77,  p.  84. 

2.  MINERAL  LANDS  NOT  SUBJECT  TO  OCCUPATION. 

See  10  Stat.  244,  p.  1257. 

This  act  and  the  act  of  March  3, 1853  (10  Stat.  244),  made  all  public  lands  not  mineral, 
occupied  as  town  sites,  subject  to  entry  by  the  town  authorities  in  trust  for  the  several 
use  and  benefit  of  the  occupants  according  to  their  respective  entries,  whether  settled 
upon  before  or  after  such  lands  were  surveyed. 

Kector  v.  Gibbon,  111  U.  S.  276,  p.  287. 

PubUc  lands  occupied  as  towns  or  villages  are  subject  to  this  act,  except  town  sites 
on  or  near  mineral  lands. 
Keystone  Consol.  Min.  Co.,  v.  California,  Copp's  Min.  Lands  101,  p.  111. 

14  STAT.  541,  MARCH  2,  1867. 

MINERALS  RESERVED. 

AN  ACT  For  the  relief  of  the  inhabitants  of  cities  and  towns  upon  the  public  lands. 

Be  it  enacted,  etc.,  That  whenever  any  portions  of  the  public 
lands  of  the  United  States  have  been  or  shall  be  settled  upon  and 


TOWN-SITE  SECTIONS  AND  ACTS,  PP.  i:jr>4-ia82.  1377 

occupied  as  a  town  site,  and  tluM-eforo  not  subject  to  entry 
under  the  agricultural  preemption  laws,  it  shall  be  lawful,  in  case 
such  town  shall  be  incorporated,  for  the  corporate  authorities  thereof, 
and  if  not  incorporatecl,  for  the  iudt^e  of  the  county  court  for  the 
county  in  which  such  town  may  be  situated,  to  enter  at  the  proper 
land  office,  and  at  the  minimum  price,  the  land  so  settled  and  occupied, 
in  trust  for  the  several  use  and  benefit  of  the  occupants  thereof, 
according  to  their  respective  interests;  the  execution  of  which  trust, 
as  to  the  disposal  of  the  lots  in  such  town,  and  the  proceeds  of  the 
sales  thereof,  to  be  conducted  under  such  rules  and  regulations  as 
may  be  prescribed  by  the  legislative  authority  of  the  State  or  Terri- 
tory in  which  the  same  may  be  situated:  *  *  *  provided 
further,  That  no  title  shall  be  acquired  under  the  provisions  of  this 
act  to  any  mine  of  gold,  silver,  cinnabar,  or  copper. 

15  STAT.  67,  Chap.  53,  JUNE  8,  1868. 

MINERALS  RESERVED— AMENDMENT. 

AN  ACT  To  amend  an  act  entitled  *'An  act  for  the  relief  of  the  inhabitants  of  cities 
and  towns  upon  public  lands,"  approved  March  2,  1867  (14  Stat.  541). 

Be  it  enacted,  etc.,  That  the  inhabitants  of  any  town  located  on 
the  pubUc  land  of  the  United  States  may  avail  themselves,  if  the  town 
authorities  elect  so  to  do,  of  the  provisions  of  the  act  of  March  2, 
1867,  entitled  ^^An  act  for  the  reUef  of  the  inhabitants  of  cities  and 
towns  upon  the  public  lands":  Provided,  This  act  shall  not  prevent 
the  issuance  of  patents  to  persons  who  have  made,  or  may  make, 
entries  and  elect  to  proceed  under  existing  laws:  And  provided 
further.  That  no  title  under  said  act  of  March  2,  1867,  shall  be  ac- 
quired to  any  valid  mining  claim  or  possession  held  under  the  existing 
laws  of  Congress:  Provided,  also,  That  in  addition  to  the  minimum 
price  of  the  lands  included  in  any  town  site  entered  under  the  pro- 
visions of  this  act,  '^An  act  lor  the  relief  of  the  inhabitants  of  cities 
and  towns  upon  the  pubHc  lands,"  approved  March  2,  1867,  there 
shall  be  paid  by  the  parties  availing  themselves  of  the  provisions 
of  said  acts  all  costs  of  surveying  and  platting  any  such  town  site, 
and  expenses  incident  thereto,  incurred  by  the  United  States,  before 
any  patent  shall  issue  therefor. 

A.  TOWN  SITES. 

1.  Mining  claims  not  acquired  by. 

2.  ''Mines"  and  ''Minerals" — ^Meaning. 

3.  Mining  claims  on  town  site — Right  of  claimant. 

4.  Patent — Reservations  as  to  minerals. 

1.  mining  claims  not  acquired  by. 

See  13  Stat.  343,  p.  786;  13  Stat.  530,  p.  788;  14  Stat.  541,  p.  1376. 

Under  this  town-site  act  no  title  can  be  acquired  to  any  mine  of  gold,  silver,  cinna- 
bar, or  copper. 

Richards  v.  Dower,  81  Cal.  44,  p.  50. 


1378  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

The  town-site  acts  provide  that  no  title  shall  be  acquired  to  any  valid  mining  claim 
or  possession  held  under  existing  laws  of  Congress  by  virtue  of  the  provisions  of  such 
town-site  acts. 

Elridge,  In  re,  Copp's  Min.  Lands,  339. 
Nagler,  In  re,  Copp's  Min.  Dec.  156. 

2.   ''mines"  AND  ''minerals''  MEANING. 

This  was  an  act  for  ' '  The  relief  of  inhabitants  of  States  and  towns  upon  public  lands, ' ' 
and,  as  enacted,  comprised  only  the  first  sentence  of  the  present  section  2392  R.  S., 
and  the  word  "mine"  in  this  act,  and  also  in  the  section  referred  to,  is  synonymous 
with  the  word  "deposit"  or  with  the  words  "land  containing  deposits." 

Hawke  v.  Deffeback,  4  Dak.  20,  p.  33. 

An  essential  requisite  of  a  gold  mine  under  this  act  is  a  natural  deposit  of  rock  or 
earth  containing  a  sufficient  quantity  of  gold  to  admit  of  profitable  working. 
Richards  v.  Dower,  81  Cal.  44,  p.  50. 

3.  MINING  CLAIMS  ON  TOWN  SITE — RIGHT  OF  CLAIMANT. 

A  person  holding  a  bona  fide  mining  claim  by  virtue  of  compliance  with  local  laws 
and  regulations  under  the  acts  of  Congress,  and  situated  within  the  exterior  boundaries 
embraced  by  a  town-site  location,  is  entitled  to  enter  the  same. 

Nagler,  In  re,  Copp's  Min.  Dec.  156,  p.  157. 

Register  at  Central  City,  In  re,  Copp's  Min.  Dec.  207. 

4.  PATENT — RESERVATIONS  AS  TO  MINERALS. 

A  town-site  patent  should  contain  the  reservation  that  no  title  is  thereby  acquired 
to  any  mine  of  gold,  silver,  cinnabar,  or  copper,  or  to  any  valid  mining  claim  or 
possession,  as  provided  in  this  act  and  in  the  cumulative  provision  of  the  amendatory 
act  of  June  8,  1868  (15  Stat.  57). 

Papina  v.  Alderson,  10  C.  L.  O.  52. 

Where  mining  ground  did  not  pass  under  a  town-site  patent  the  locator  is  entitled 
to  extralateral  rights  and  a  reservation  in  the  town-site  patent  is  in  accordance  with  the 
provisions  of  this  act. 

Golden  v.  Murphy,  31  Nev.  395,  p.  408. 

26  STAT.  1095,  pp.  1099,  1101,  1102,  1  SUPP.  R.  S.  940,  p.  945,  MARCH  3,  1891. 

TOWN-SITE  ENTRIES  ON  MINERAL  LAND. 
AN  ACT  To  repeal  timber-culture  laws,  and  for  other  purposes. 
Be  it  enacted,  etc.,    *    *  * 

Section  11  of  this  act  is  section  85  of  Alaska  Compiled  Laws,  p.  867. 

Sec.  16.  That  town-site  entries  may  be  made  by  incorporated 
towns  and  cities  on  the  mineral  lands  of  the  United  States,  but  no 
title  shall  be  acquired  by  such  towns  or  cities  to  any  vein  of  gold, 
silver,  cinnabar,  copper,  or  lead,  or  to  any  valid  mining  claim  or 
possession  held  under  existing  law.  When  mineral  veins  are  pos- 
sessed within  the  limits  of  an  incorporated  town  or  city,  and  such 
possession  is  recognized  by  local  authority  or  by  the  laws  of  the 
United  States,  the  title  to  town  lots  shall  be  subject  to  such  recog- 
nized possession  and  the  necessary  use  thereof  and  when  entry  has 


TOWN-SITE  SECTIONS  AND  ACTS,  IM'.  i;3r)4-i:i82.  1879 

been  made  or  ])ateiit  issued  icv  such  town  sites  to  such  incorjxu'ated 
town  or  city,  the  ])ossessor  of  such  mineral  vein  may  enter  and  re- 
ceive patent  for  such  mineraL  vein,  and  the  surface  ground  a])pcr- 
taining  thereto:  Provided,  That  no  entry  shall  be  made  by  such 
mineral- vein  claimant  for  surface  ground  where  the  owner  or  oc- 
cupier of  the  surface  ground  shall  have  had  possession  of  the  same 
before  the  inception  of  the  title  of  the  mineral-vein  applicant. 

Section  16  is  section  90,  Alaska  Compiled  Laws. 

:J{  :H  H:  *  *  Y 

Sec.  22.  That  the  section  of  land  reserved  for  the  benefit  of  the 
Dakota  Central  Railroad  Co.  on  the  west  bank  of  the  Missouri  River, 
at  the  mouth  of  Bad  River,  as  provided  by  section  16  of  ''An  act  to 
divide  a  portion  of  the  reservation  of  the  Sioux  Nation  of  Indians 
in  Dakota  into  separate  reservations  and  to  secure  the  relinquish- 
ment of  the  Indian  title  to  the  remainder  and  for  other  purposes/' 
approved  March  2,  1889  (25  Stat.  893),  shall  be  subject  to  entry  under 
the  town-site  law  only. 

A.  TOWN-SITE  SECTION  OF  ACT  (16). 

1.  Town  sites  on  mineral  lands — Purpose  of  act. 

2.  Town-site  application  and  entry — Mineral  rights. 

3.  Mineral  and  town-site  claimants — Rights. 

4.  Mineral  character  of  land— Proof. 

5.  Town-site  entry  on  surveyed  lands — Form. 

6.  Town-site  application — ^Exclusion  of  minerals. 

7.  Town-site  occupant — Right  to  hearing. 

8.  Town-site  entry  or  patent — Effect  on  mining  claim. 

1.  town  sites  on  mineral  lands  purpose  of  act. 

See  Alaska  Comp.  Laws,  sec.  85,  p.  867. 

The  design  of  section  16  is  to  authorize  town  sites  to  be  located  on  mineral  lands  not 
at  the  time  appropriated  for  mining  purposes,  and  expressly  to  forbid  the  acquisition 
in  such  towns  of  titles  by  means  of  town-site  patents  to  minerals  or  a  valid  mining 
claim. 

Chilberg  v.  Consolidated  Min.  Co.,  3  Alaska  235,  p.  239. 
See  Murray  v.  Buol,  6  Mont.  397. 

This  section  of  the  act  enlarges  the  right  given  to  a  mineral  claimant  under  sections 
2386  and  2392  of  the  Revised  Statutes  in  that  it  gives  a  mineral  applicant  a  right  to  a 
patent  of  the  excepted  mineral  veins,  mining  claims,  or  possessions,  after  a  town-site 
patent  has  been  issued. 

Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  213. 

The  purpose  of  Congress  was  to  permit  and  authorize  mineral  prospecting  and  min- 
ing upon  lands  owned  by  the  United  States  and  merely  occupied  by  others  for  some 
purpose  other  than  mining,  provided  that  such  mining  operation  did  not  interfere 
with  such  occupancy. 

Goldstein  v.  Juneau  Townsite,  23  L.  D.  417,  p.  420. 

A  town  site  may  be  located  on  mineral  land. 

Rico  Townsite,  In  re,  9  C.  L.  O.  90,  p.  91. 

While  town-site  entries  may  be  made  on  mineral  lands,  yet  no  title  can  be  acquired 
thereunder  to  any  mine  or  mineral. 

Old  Dominion  Copper  Min.,  etc.,  Co.  v.  Haverly,  11  Ariz.  241,  p.  251. 


1380  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


The  devotion  of  a  claimed  placer  area  to  town-site  purposes  is  ordinarily  incon- 
sistent with  the  appropriation  under  the  placer  laws,  and  such  a  disposition  of  con- 
tingent title  by  a  placer  claimant  should  receive  no  official  sanction. 

Saunders,  In  re,  40  L.  D.  217,  p.  218. 

2.  TOWN-SITE  APPLICATION  AND  ENTRY — MINERAL  RIGHTS 

A  town-site  application  and  entry  made  pending  the  mineral  location  and  with  a 
view  to  obtaining  patent  to  the  entire  interest  in  the  land  included  in  the  mineral 
location  puts  the  town-site  claimant  in  the  attitude  of  asserting  the  nonmineral  char- 
acter of  all  of  such  land  and  of  assuming  the  burden  of  establishing  that  fact  by  proof. 

Goldstein  v.  Juneau  Townsite,  23  L.  D.  417,  p.  420. 

A  town-site  entry  embracing  patented  lands  can  not  be  allowed. 

Hulings  V.  Ward  Townsite,  29  L.  D.  21,  p.  22. 

See  Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  213. 

Where  a  town-site  entry  has  been  allowed  on  proof  showing  the  land  to  be  nonmin- 
eral and  the  money  received  for  the  land  and  a  final  certificate  issued,  the  entryman 
is  prima  facie  the  equitable  owner  and  entitled  to  a  patent,  and  anyone  thereafter 
attacking  the  entry  assumes  the  burden  of  establishing  such  illegality  in  the  procure- 
ment or  allowance  of  the  entry  as  will  dispute  the  issuance  of  patent. 

Harkrader  v.  Goldstein,  31  L.  D.  87,  p.  93. 
Aspen  Consol.  Min.  Co.  v.  Williams,  27  L.  D.  1. 
Overruling  Goldstein  v.  Juneau  Townsite,  23  L.  D.  417. 

Section  16  expressly  provides  for  the  protection  of  possessory  rights  under  existing 
valid  mining  claims  and  an  entry  for  such  mineral  veins  so  possessed  may  be  made 
and  patent  issued  therefor  after  the  issuance  of  a  town-site  patent. 

Hulings  V.  Ward  Townsite,  29  L.  D.  21,  p.  23. 

See  Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  213. 

All  unpatented  mining  claims  for  which  applications  are  on  file  must  be  excluded 
from  a  town-site  entry. 

Hulings  V.  Ward  Townsite,  29  L.  D.  21,  p.  22. 

See  Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  213. 

3.  MINERAL  AND  TOWN-SITE  CLAIMANTS — RIGHTS. 

All  subsisting  and  valid  mining  claims  are  subject  to  patent  upon  proper  proofs, 
notwithstanding  a  town-site  entry  and  patent,  except  that  any  such  mineral  entry 
shall  not  embrace  surface  ground  where  the  owner  shall  have  been  in  possession 
thereof  before  the  inception  of  title  of  the  mineral-vein  claimant. 

Hulings  V.  Ward  Townsite,  29  L.  D.  21,  p.  24. 

See  Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  213. 

As  the  existing  rights  of  mineral  claimants  are  reserved  and  protected  by  the  statute, 
a  segregation  is  not  required,  prior  to  the  issuance  of  a  town-site  patent,  for  the  purpose 
of  excluding  such  mineral  claims  from  patent. 

Hulings  V.  Ward  Townsite,  29  L.  D.  21,  p.  24. 

See  Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  213. 

4.  MINERAL  CHARACTER  OF  LAND — PROOF. 

The  mere  existence  of  the  location  of  a  mining  claim  is  not  of  itself  evidence  of  the 
mineral  character  of  land  as  against  a  subsequent  town-site  entry. 

Harkrader  v.  Goldstein,  31  L.  D.  89,  p.  93. 
See  Magruder  v.  Oregon,  etc.,  R.  Co.,  28  L.  D.  174. 
Elda  Min.,  etc.,  Co.,  In  re,  29  L.  D.  279. 


TOWN-SITE  SECTIONS  AND  ACTS,  PP.  1354-1382. 


1381 


The  fact  that  luiiiinj^  locatioiiH  were  made  prior  to  the  entry  of  a  town  Hi  to  and 
within  its  limits  is  proof  of  the  valuable  mineral  character  of  the  lands  thus  entered, 
and  the  burden  ia  on  the  party  seeking  to  show  their  nonmineral  character. 

Townsite  of  Deadwood,  In  re,  8  C.  L.  O.  153,  p.  154. 

5.  TOWN-SITE  ENTRY  ON  SURVEYED  LANDS — FORM. 

The  statutory  requirement  as  to  conformity  of  the  legal  subdivisions  of  the  public 
lands  is  clear,  and  the  Land  Department  can  not  disregard  it,  and  where  a  town-  site 
entry  is  upon  surveyed  lands,  the  mandate  of  the  statute  is  that  in  its  exterior  limits 
it  shall  conform  to  the  legal  subdivisions  of  the  public  lands. 

Telluride  Additional  Townsite,  In  re,  33  L.  D.  542,  p.  543. 

6.  TOWN-SITE  APPLICATION — EXCLUSION  OF  MINERALS. 

A  town-site  claimant  may  exclude  from  his  application  any  vein  of  gold,  silver, 
cinnabar,  copper,  or  lead,  or  any  valid  mining  claim  or  possession  held  under  existing 
law  which  may  in  fact  be  embraced  within  the  town-site  lots,  and  as  to  which  no  title 
would  pass  under  the  town-site  patent. 

Telluride  Additional  Townsite,  In  re,  33  L.  D.  542,  p.  544. 

If  a  mineral  vein  or  mining  claim  or  possession  be  excluded  from  a  town-site  entry 
or  patent,  it  must  be  shown  to  be  a  valid  mining  claim  or  possession  held  under  exist- 
ing law. 

Telluride  Additional  Townsite,  In  re,  33  L.  D.  542,  p.  544. 

7.  TOWN-SITE  OCCUPANT — RIGHT  TO  HEARING. 

A  waiver  of  all  rights  of  review,  rehearing,  or  reconsideration  will  not  preclude  a 
town-site  occupant  from  afterwards  questioning  a  decision  of  the  department,  where 
it  appears  that  the  purpose  was  not  to  preclude  the  occupants  of  a  town  site  from  there- 
after applying  to  the  Secretary  of  the  Interior  for  the  correction  of  any  prejudicial 
errors  or  mistakes  in  the  decision  of  the  department. 

Harkrader  v.  Goldstein,  31  L.  D.  87,  p.  92. 

See  Goldstein  v.  Juneau  Townsite,  23  L.  D.  417. 

8.  TOWN-SITE  ENTRY  OR  PATENT — EFFECT  ON  MINING  CLAIM. 

A  town-site  patent  which  recites  that  no  title  can  be  acquired  to  any  mine  or  to  any 
valid  mining  claim  or  possession  held  under  existing  laws  does  not  divest  the  depart- 
ment of  jurisdiction  to  subsequently  issue  a  patent  for  a  lode  claim  within  the  lands 
covered  by  the  town-site  patent  where  the  existence  of  such  claim  was  known  at  the 
time. 

Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  216. 
See  Pacific  Slope  Lode  v.  Butte  Townsite,  25  L.  D.  518. 

Gregory  Lode  Claim,  In  re,  26  L.  D.  144. 

Brady  v.  Harris,  29  L.  D.  89,  p.  92. 

Brady  v.  Harris,  29  L.  D.  426,  p.  433. 

The  issuance  of  a  town-site  patent  does  not  determine  the  rights  of  a  mineral  locator 
in  possession,  nor  does  it  convey  title  to  any  vein  of  gold,  silver,  cinnabar,  copper,  or 
lead,  or  to  any  valid  mining  claim  or  possession  held  under  existing  law  within  such 
town-site  limits,  as  the  statute  expressly  excludes  from  the  operation  of  such  town- 
site  patent  in  such  existing  mineral  vein,  mining  claim,  or  possession,  and  all  such 
rights  are  protected  by  the  statute. 

Hulings  V.  Ward  Townsite,  29  L.  D.  21,  p.  23. 

See  Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211,  p.  213. 


1382  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Under  section  16  no  title  can  pass  by  a  town-site  entry  or  patent  to  any  valid  mining 
claim  or  possession  held  under  existing  laws,  and  patents  may  be  obtained  for  euch 
claims  at  any  time  notwithstanding  a  town-site  entry,  or  the  issuance  of  a  town-site 
patent. 

Nome  &  Sinook  Co.  v.  Townsite  of  Nome,  34  L.  D.  276,  p.  278.' 
See  Telluride  Additional  Townsite,  In  re,  33  L.  D.  542. 

A  town-site  patent,  when  issued,  will  not  deprive  a  person  of  any  right  existing 
at  the  date  of  the  town-site  entry  under  any  valid  mining  claim  or  possession  within 
the  patented  area,  as  all  such  rights  are  protected;  nor  does  the  town  site  patent  de- 
prive the  department  of  jurisdiction  to  issue  patent  for  such  mining  claims  as  the 
statute  expressly  authorizes  the  issuance  of  euch  patent. 

Nome  &  Sinook  Co.  v.  Townsite  of  Nome,  34  L.  D.  102,  p.  103. 
Hulings  V.  Ward  Townsite,  29  L.  D.  21,  p,  23. 
See  Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211. 

Nome  &  Sinook  Co.  v.  Townsite  of  Nome,  34  L.  D.  276  (on  review). 

Patent  issued  either  under  section  2392  or  this  amendatory  act  is  inoperative  to  con- 
vey title  to  any  valid  claim  or  possession  held  under  the  mining  laws  at  the  date  of 
the  town-site  entry. 

Brophy  v.  O'Hare,  34  L.  D.  596,  p.  598. 
See  Hulings  v.  Ward  Townsite,  29  L.  D.  21. 

Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211. 

A  patent  for  a  town  site  can  not  include  any  valid  mining  claim,  but  such  patents 
except  all  mines  or  valid  mining  claims  or  possessions. 
Turner  v.  Lang,  1  C.  L.  0.  51. 

Placer-mining  ground  can  not  be  included  in  a  town-site  patent. 

Townsite  of  Butte,  In  re,  3  C.  L.  O.  131. 
Townsite  of  Dead  wood,  In  re,  8  C.  L.  O.  153. 

Town-site  patents  may  be  acquired  to  lands  in  mining  regions. 

Townsite  of  Deadwood,  In  re,  8  C.  L.  O.  153,  p.  154. 

Land  which  has  been  returned  as  coal  land  by  the  surveyor  general  can  not  be 
included  in  a  town-site  entry. 

Coal  Land  v.  Townsite,  1  C.  L.  O.  19. 

26  STAT.  158,  JUNE  17,  1890. 

TOWN  SITE  OF  BUFFALO,  WYO. 

AN  ACT  To  authorize  the  purchase  of  certain  public  lands  by  the  city  of  Buffalo, 
Wyo. ,  and  for  other  purposes. 

Be  it  enacted,  etc.,  That  the  city  of  Buffalo,  Wyo.,  is  hereby 
authorized  to  enter  under  the  town-site  laws  for  town  site,  cemetery, 
and  park  purposes,  the  north  half  of  the  strip  of  land  released  from 
the  Fort  McKinney  Military  Reservation  by  Executive  order  dated 
January  10,  1889,  and  described  therein  as  follows,  to  wit:  (here 
follows  description),  *  *  *  containing  320  acres:  Provided, 
however.  That  the  5  acres  of  land  now  used  and  occupied  for  school 
purposes  therein  by  the  trustees  of  school  district  numbered  2,  of 
Johnson  County,  Wyo.,  under  the  license  heretofore  given  said 
trustees  by  the  Secretary  of  War,  and  described  as  follows :  (here 
follows  description)  *  *  *  included  in  said  320  acres,  shall 
be  taken  by  said  city  in  trust  for,  and  shall  be  conveyed  by  said 
city  to  the  said  trustees  of  said  school  district  numbered  two,  of 
Johnson  County,  Wyo.,  for  school  purposes,  and  without  cost  to 
said  school  district:  Provided,  That  if  it  shall  be  proven  to  the 
satisfaction  of  the  Secretary  of  the  Interior  that  any  of  the  lands 
so  authorized  to  be  purchased  by  said  city  are  valuable  for  coal  or 
minerals,  such  portion  shall  be  excluded  from  such  town-site  entry. 


TUNNEL  ACT. 


14  STAT.  242,  JULY  25,  1866. 

SUTRO  TUNNEL— COMSTOCK  LODE. 

A.N  ACT  Granting  to  A.  Sutro  the  right  of  way,  and  granting  other  privileges  to  aid 
in  the  construction  of  a  draining  and  exploring  tunnel  to  the  Comstock  lode,  in  the 
State  of  Nevada. 

Be  it  enacted,  etc.,  That,  for  the  purpose  of  the  construction  of 
a  deep  draining  and  exploring  tunnel  to  and  beyond  the  '^Comstock 
lode,  so-called,  in  the  State  of  Nevada,  the  right  of  way  is  hereby 
granted  to  A.  Sutro,  his  heirs  and  assigns,  to  run,  construct,  and 
excavate  a  mining,  draining,  and  exploring  tunnel;  also  to  sink 
mining,  working,  or  air  shafts  along  the  line  or  course  of  said  tunnel 
and  connecting  with  the  same  at  any  point  which  may  hereafter 
be  selected  by  the  grantee  herein,  his  heirs  or  assigns.  The  said 
tunnel  shall  be  at  least  8  feet  high  and  8  feet  wide,  and  shall 
commence  at  some  point  to  be  selected  by  the  grantee  herein,  his 
heirs  or  assigns,  at  the  hills  near  Carson  River,  and  within  the 
boundaries  of  Lyon  County,  and  extending  from  said  initial  point 
in  a  westerly  direction  7  miles,  more  or  less,  to  and  beyond  said 
Comstock  lode;  and  the  same  right  of  way  shall  extend  northerly 
and  southerly  on  the  course  of  said  lode,  either  within  the  same,  or 
east  or  west  of  the  same;  and  also  on  or  along  any  other  lode  which 
may  be  discovered  or  developed  by  the  said  tunnel. 

Sec.  2.  And  be  it  further  enacted.  That  the  right  is  hereby  granted 
to  the  said  A.  Sutro,  his  heirs  and  assigns,  to  purchase,  at  $1.25  per 
acre,  a  sufficient  amount  of  public  land  near  the  mouth  of  said  tunnel 
for  the  use  of  the  same,  not  exceeding  two  sections,  and  such  land 
shall  not  be  mineral  land  or  in  the  bona  fide  possession  of  other 
persons  who  claim  under  any  law  of  Congress  at  the  time  of  the 
passage  of  this  act,  and  all  minerals  existing  or  which  shall  be  dis- 
covered therein  are  excepted  from  this  grant;  that  upon  filing  a  plat 
of  said  land  the  Secretary  of  the  Interior  shall  withdraw  the  same 
from  sale,  and  upon  payment  for  the  same  a  patent  shall  issue. 
And  the  said  A.  Sutro,  his  heirs  and  assigns,  are  hereby  granted  the 
right  to  purchase,  at  $5  per  acre,  such  mineral  veins  and  lodes  within 
2,000  feet  on  each  side  of  said  tunnel  as  shall  be  cut,  discovered,  or 
developed  by  running  and  constructing  the  same,  through  its  entire 
extent,  with  all  the  dips,  spurs,  and  angles  of  such  lodes,  subject, 
however,  to  the  provisions  of  this  act,  and  to  such  legislation  as 
Congress  may  hereafter  provide:  Provided,  That  the  Comstock  lode, 
with  its  dips,  spurs,  and  angles,  is  excepted  from  this  grant,  and  all 
other  lodes,  with  their  dips,  spurs,  and  angles,  located  within  the 
said  2,000  feet,  and  which  are  or  may  be,  at  the  passage  of  this  act, 
in  the  actual  bona  fide  possession  of  other  persons,  are  hereby 
excepted  from  such  grant.  And  the  lodes  herein  excepted,  other 
than  the  Comstock  lode,  shall  be  withheld  from  sale  by  the  United 


1383 


1384  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


States;  and  if  such  lodes  shall  be  abandoned  or  not  worked,  possessed, 
and  held  in  conformity  to  existing  mining  rules,  or  such  regulations 
as  have  been  or  may  be  prescribed  by  the  Legislature  of  Nevada, 
they  shall  become  subject  to  such  right  of  purchase  by  the  grantee 
herein,  his  heirs  or  assigns. 

Sec.  3.  And  be  it  further  enacted.  That  all  persons,  companies, 
or  corporations  owning  claims  or  mines  on  said  Comstock  lode  or  any 
other  lode  drained,  benefited,  or  developed  by  said  tunnel,  shall 
hold  their  claim  subject  to  the  condition  (which  shall  be  expressed 
in  any  grant  they  may  hereafter  obtain  from  the  United  States) 
that  they  shall  contribute  and  pay  to  the  owners  of  said  tunnel  the 
same  rate  of  charges  for  drainage  or  other  benefits  derived  from 
said  tunnel  or  its  branches,  as  have  been,  or  may  hereafter  be, 
named  in  agreement  between  such  owners  and  the  companies  repre- 
senting a  majority  of  the  estimated  value  of  said  Comstock  lode 
at  the  time  of  the  passage  of  this  act. 

A.  STJTRO  TUNNEL  ACT. 

1.  Rights  conferred. 

2.  ''Branches"— Meaning. 

3.  ''Discovered  or  developed" — Meaning. 

4.  Mining  claims  within  2,000  feet  prohibited. 

5.  Time  for  completion  of  tunnel — Failure  to  prosecute. 

6.  Mines  benefited  by  tunnel — Conditions  in  patent. 

7.  Interested  persons  may  object  to  patent. 

8.  Comstock  lode — ^Status  and  date  of  act. 

9.  Tunnel  claims  exempt  from  annual  assessment. 

10.  Water  in  tunnel — Right  of  appropriation. 

11.  Effect  on  agricultural  lands. 

1.  rights  conferred. 

See  sec.  2323  R.  S.,  p.  164. 

This  act  conferred  upon  A.  Sutro  and  his  assigns  the  right  of  preemption  of  lands 
to  a  certain  extent  on  each  side  of  the  tunnel. 

Del  Monte  Min.,  etc.,  Co.  v.  Last  Chance  Min.,  etc.,  Co.,  171  U.  S.  55,  p.  62. 

This  statute,  granting  to  A.  Sutro  and  his  assigns  certain  privileges  to  aid  in  the 
construction  of  a  tunnel,  conferred  upon  them  the  right  of  preemption  of  all  lodes 
within  2,000  feet  on  each  side  of  such  tunnel. 

Del  Monte  Min.,  etc.,  Co.  v.  Last  Chance  Min.,  etc.,  Co.,  171  U.  S.  55,  p.  62. 

The  right  to  construct  a  tunnel  was  granted  along  any  lode  discovered  and  developed 
by  the  main  tunnel,  and  this  right  can  not  be  restricted  unless  there  is  something  in 
the  act  which  in  terms  or  by  implication  limits  its  operation,  but  the  language  of  the 
act  seems  to  imply  that  the  explorations  may  be  extended  to  any  distance  and  that  all 
mines  drained,  benefited,  or  developed  thereby  shall  be  liable  to  pay  the  royalty 
agreed  upon,  if  the  lode  or  mine  was  discovered  by  the  main  tunnel. 

Sutro  Tunnel  Co.  v.  Occidental,  etc.,  Min.  Co.,  5  C.  L.  0.  98,  p.  99. 

Land  embraced  by  the  location  of  this  tunnel  was  withdrawn  from  sale  by  letter 
from  the  department  dated  July  29,  1870. 

Sutro,  In  re,  Copp's  Min.  Lands  98. 


TUNNEL  ACT,  PP.  1383-1387. 


1385 


2. 


1 1 


BRANCHES  " — MEANING. 


The  word  "branches"  indicates  that  more  than  one  branch  tunnel  would  be  run, 
and  the  fact  that  a  mine  is  situated  more  than  2,000  feet  from  the  main  tunnel  will 
not  prevent  the  tunnel  company  from  collecting  its  royalty  on  proof  that  such  mine 
has  been  drained,  benefited,  or  developed  thereby,  and  prima  facie  proof  of  such  fact 
is  suflicient,  and  there  is  no  limitation  in  the  act  as  to  the  distance  at  which  mines 
shall  be  situated  from  the  tunnel  to  exempt  them  from  the  liability  imposed. 

Sutro  Tunnel  Co.  v.  Occidental,  etc.,  Min.  Co.,  5  C.  L.  O.  98,  p.  99. 


The  words  "discovered  or  developed,"  used  in  the  first  section  of  this  act  have 
reference  to  separate  and  distinct  events,  the  happening  of  either  of  which  was  suffi- 
cient to  perfect  a  grant  of  the  right  of  way  and  its  necessary  consequences,  and  as 
many  lodes  had  been  discovered  on  the  line  of  the  tunnel  at  the  time  the  act  was 
passed,  it  is  not  presumed  that  the  lawmakers  by  the  word  "discovered  "  had  reference 
to  such  lodes,  yet  they  might  be  developed  by  the  tunnel. 

Sutro  Tunnel  Co.  v.  Occidental,  etc.,  Min.  Co.,  5  C.  L.  O.  98,  p.  99. 

4.  MINING  CLAIMS  WITHIN  2,000  FEET  PROHIBITED. 

A  mining  claim  can  not  be  located  within  the  line  of  the  Sutro  Tunnel  and  some 
2,000  feet  west  of  the  Comstock  lode,  as  the  grant  includes  lands  west  of  this  lode 
within  the  2,000-feet  limits. 

Sutro  Tunnel  Co.,  In  re,  8  C.  L.  0.  54. 

A  mining  claim  which  lies  within  the  2,000-feet  limits  can  not  be  patented  where 
it  is  on  a  lode  other  than  the  Comstock  lode. 
Lyons,  In  re,  Copp's  Min.  Dec.  179. 

In  a  location  on  the  Comstock  lode  it  is  incumbent  upon  the  surveyor  general  in 
his  final  survey  to  definitely  ascertain  and  report  whether  or  not  the  claim  lies  within 
-    the  2,000-feet  limits  of  the  located  line  of  the  Sutro  Tunnel. 
ChoUar  Potosi  Min.  Co.,  In  re,  Copp's  Min.  Dec.  96,  p.  100. 

5.  TIME  FOR  COMPLETION  OF  TUNNEL  FAILURE  TO  PROSECUTE. 

There  is  no  provision  in  this  act  limiting  the  grantees  to  any  certain  period  of  time 
in  which  to  complete  the  work  on  penalty  of  forfeiture. 
Sutro  Tunnel  Co.,  In  re  8.  C.  L.  0.  54,  p.  55. 

Congress  reserves  the  right  to  alter  or  modify  the  provisions  of  this  act,  but  until 
this  is  done  the  privileges  extended  by  the  act  are  not  affected  by  any  failure  to  pros- 
ecute the  work. 

Sutro  Tunnel  Co.,  In  re,  8  C.  L.  O.  54,  p.  55. 

6.  MINES  BENEFITED  BY  TUNNEL — CONDITIONS  IN  PATENT. 

Any  mine  drained,  benefited,  or  developed  by  the  tunnel  is  subject  to  the  royalties 
provided,  and  these  must  be  inserted  in  patents  when  issued. 
Sutro  Tunnel  Co.,  In  re,  8  C.  L.  O.  54,  p.  55. 

While  the  conditions  prescribed  in  section  3  of  the  act  should  be  inserted  in  patents 
issued  for  mines  on  testimony  establishing  prima  facie  that  any  such  mine  has  been 
drained,  benefited,  or  developed,  yet  such  condition  should  never  be  inserted  in 
56974°— Bull.  94,  pt  2—15  36 


3. 


DISCOVERED  OR  DEVELOPED"  MEANING. 


1386 


UNITED  STATES  MINING  STATUTES  ANNOTATED. 


any  patents  except  patents  for  mines  located  upon  the  Comstock  lode,  unless  it  is 
made  to  appear  prima  facie  that  the  mine  or  mines  have  been  drained,  benefited, 
or  developed  by  said  tunnel. 

Sutro  Tunnel  Co.  v.  Occidental,  etc.,  Min.  Co.,  5  C.  L.  O.  98,  p.  100. 

Patents  issued  for  the  Comstock  lode  or  those  in  its  immediate  vicinity  contain  a 
clause  to  the  effect  that  the  claim  granted  shall  be  subject  to  the  conditions  specified 
in  this  section,  and  requiring  the  grantee  to  contribute  to  the  tunnel  owners  for  drain- 
age or  other  benefits  derived  from  such  tunnel  or  its  branches,  such  charges  as  may 
be  agreed  upon. 

Sutro,  In  re,  Copp's  Min.  Lands  98. 

Hearings  may  be  permitted  to  determine  whether  any  mine  on  the  Comstock  lode 
has  been  benefited  or  drained  by  the  Sutro  Tunnel. 
Brunswick  Mine  Claimants,  In  re,  3  C.  L.  O.  114. 

7.  INTERESTED  PERSONS  MAY  OBJECT  TO  PATENT. 

This  act  permits  a  party  injuriously  affected  to  appear  at  any  stage  of  proceedings 
before  patent  and  call  attention  to  the  fact  that  the  record  shows  that  applicant  has 
no  right  to  a  patent. 

Tiernan  v.  Salt  Lake  Min.  Co.,  1  C.  L.  O.  25. 
See  McMurdy  v.  Streeter,  1  C.  L.  O.  34. 

8.  COMSTOCK  LODE  STATUS  AND  DATE  OF  ACT. 

In  construing  section  3  the  Comstock  lode  must  be  that  which  was  known  as  and 
called  by  that  name  at  the  date  of  the  passage  of  the  act,  and  not  what  was  thereafter 
known  or  what  in  the  future  might  prove  to  be  the  Comstock  lode. 

Sutro  Tunnel  Co.,  In  re,  3  C.  L.  0.  34,  p.  36. 
Brunswick  Mine  Claimants,  In  re,  3  C.  L.  O.  114. 

To  determine  what  patents  should  contain  the  conditions  prescribed  by  this  section, 
it  is  only  necessary  to  determine  what  claims  had  been  located  on  the  Comstock  lode 
at  the  date  of  the  passage  of  the  act. 

Sutro  Tunnel  Co.,  In  re,  3  C.  L.  O.  34,  35,  36. 
Brunswick  Mine  Claimants,  In  re,  3  C.  L.  O.  114. 

9.  TUNNEL  CLAIMS  EXEMPT  FROM  ANNUAL  ASSESSMENT. 

Locators  of  lode  claims  affected  by  the  Sutro  Tunnel  are  not  required  to  contribute 
the  annual  labor,  as  this  act  is  not  affected  by  later  mining  laws. 
Sutro  Tunnel  Co.,  In  re,  8  C.  L.  O.  54. 

10.  WATER  IN  TUNNEL — RIGHT  OF  APPROPRIATION. 

Waters  flowing  into  the  Sutro  tunnel  from  the  drainage  of  adjacent  lands,  pumping 
from  mines  into  the  tunnel,  and  that  discharged  after  being  used  in  the  machinery 
in  connection  with  mining  operations,  do  not  constitute  a  natural  stream  of  water. 

Cardelli  v.  Comstock  Tunnel  Co.,  26  Nev.  284,  pp.  290-293. 

The  waters  flowing  into  and  through  the  Sutro  Tunnel  are  produced  by  the  capital, 
labor,  and  enterprise  of  the  persons  or  corporations  operating  the  tunnel  and  develop- 
ing the  mine,  and  therefore  come  into  the  tunnel  artificially  and  make  an  artificial 
and  temporary  stream,  and  are  the  property  of  such  persons  engaged  in  the  mining 
enterprise. 

Cardelli  v.  Comstock  Tunnel  Co.,  26  Nev.  284,  p.  295. 


TUNNEL  ACT,  PP.  1383-1387. 


1387 


Waters  flowing  into  and  through  the  Siitro  Tunnel  are  artificially  produced  and  cre- 
ate an  artificial  and  temporary  stream  and  in  which  the  Goverment  of  the  United 
States  has  no  interest  or  claim,  and  such  waters  are  not  subject  to  appropriation  by 
third  persons  under  the  laws  of  the  State  of  Nevada. 

Cardelli  v.  Comstock  Tunnel  Co.,  26  Nev.  284,  pp.  294,  295. 

11.  EFFECT  ON  AGRICULTURAL  LANDS. 

Congress  did  not  by  this  act  intend  to  abolish  or  do  away  with  the  distinction  be- 
tween mineral  and  agricultural  lands  or  to  allow  mineral  to  be  classed  and  disposed 
of  as  agricultural,  but  simply  provided  that  the  public  survey  might  be  extended 
over  regions  that  were  so  clearly  not  agricultural  that  they  had  been  prior  thereto 
treated  as  exclusively  mineral,  but  such  tracts  as  appear  to  be  clearly  agricultural 
may  be  set  apart  for  disposition  as  such,  while  the  mineral  land  should  still  be  reserved 
for  disposition  under  the  mining  laws. 

Nevada  v.  Surveyor's  Mineral  Return,  1  C.  L.  O.  18. 


WITHDRAWALS  OF  PUBLIC  LANDS. 


25  STAT.  854,  MARCH  2,  1889. 

PUBLIC  LANDS  WITHDRAWN  FROM  PRIVATE  ENTRY. 
AN  ACT  To  withdraw  certain  public  lands  from  private  entry. 

Be  it  enacted,  etc.,  That  from  and  after  the  passage  of  this  act 
no  pubhc  lands  of  the  United  States,  except  those  in  the  State  of  Mis- 
souri, shall  be  subject  to  private  entry. 

Sec.  2.  That  any  person  who  has  not  heretofore  perfected  title  to 
a  tract  of  land  of  which  he  has  made  entry  under  the  homestead  law, 
may  make  a  homestead  entry  of  not  exceeding  one-quarter  section 
of  public  land  subject  to  such  entry,  such  previous  filing  or  entry  to 
the  contrary  notwithstanding;  but  this  right  shall  not  apply  to  per- 
sons who  perfect  title  to  lands  under  the  preemption  or  homestead 
laws  already  initiated:  Provided,  That  all  preemption  settlers  upon 
the  public  lands  whose  claims  have  been  mitiated  prior  to  the  passage 
of  this  act  may  change  such  entries  to  homestead  entries  and  proceed 
to  perfect  their  titles  to  their  respective  claims  under  the  homestead 
law,  notwithstanding  they  may  have  heretofore  had  the  benefit  of 
such  law,  but  such  settlers  who  perfect  title  to  such  claims  under  the 
homestead  law  shall  not  thereafter  be  entitled  to  enter  other  lands 
under  the  preemption  or  homestead  laws  of  the  United  States. 
******* 

Sec.  5.  That  any  homestead  settler  who  has  heretofore  entered 
less  than  one-quarter  section  of  land  may  enter  other  and  additional 
land  lying  contiguous  to  the  original  entry,  which  shall  not,  with  the 
land  first  entered  and  occupied,  exceed  in  the  aggregate  160  acres 
without  proof  of  residence  upon  and  cultivation  of  the  additional 
entry ;  and  if  final  proof  of  settlement  and  cultivation  has  been  made 
for  the  original  entry,  when  the  additional  entry  is  made,  then  the 
patent  shall  issue  without  furhter  proof:  Provided,  That  this  sec- 
tion shall  not  apply  to  or  for  the  benefit  of  any  person  who  at  the  date 
of  making  application  for  entry  hereunder  does  not  own  and  occupy 
the  lands  covered  by  his  original  entry:  And  provided.  That  if  the 
original  entry  should  fail  for  any  reason,  prior  to  patent  or  should 
appear  to  be  illegal  or  fraudulent,  the  additional  entry  shall  not  be 
permitted,  or  if  having  been  initiated  shall  be  canceled. 

A.  HOMESTEAD  ENTRY— RELINQUISHMENT— EFFECT. 

B.  AGRICULTURAL  LANDS  —  DETERMINATION  —  BURDEN  OF 
PROOF. 

A.  HOMESTEAD  ENTRY— RELINQUISHMENT— EFFECT. 

A  person  who  has  made  and  relinquished  a  homestead  entry  on  one  tract  can  not 
make  a  second  entry  under  this  statute  where  there  is  an  adverse  by  a  mineral  claimant. 
Majors  v.  Rinda,  24  L.  D.  277,  p.  279. 
1388 


WITHDRAWALS  OF  PUBLTC  LANDS,  PP.  i:W8-131H. 


B.  AGRICXJLTTJIIAL  LANDS-  DETERMINATION— BURDEN  OF  PROOF. 

Where  land  has  once  been  adjudged  agricultural,  the  burden  of  proof  thereafter 
is  upon  the  party  asserting  its  character  to  be  mineral. 
Majors  v.  Rinda,  24  L.  D.  277,  p.  279. 

32  STAT.  388,  JUNE  17,  1902. 

ARID  LANDS  WITHDRAWN. 

AN  ACT  Appropriating  the  receipts  from  the  sale  and  disposal  of  public  lands  in 
certain  States  and  Territories  to  the  construction  of  irrigation  works  for  the  reclama- 
tion of  arid  lands. 

Be  it  enacted,  etc.,  That  all  moneys  received  from  the  sale  and  dis- 
posal of  public  lands  in  Arizona,  California,  Colorado,  Idaho,  Kansas, 
Montana,  Nebraska,  Nevada,  New  Mexico,  North  Dakota,  Oldahoma, 
Oregon,  South  Dakota,  Utah,  Washington,  and  Wyoming,  beginning 
with  the  fiscal  year  ending  June  30,  1901,  including  the  surplus  of 
fees  and  commissions  in  excess  of  allowances  to  registers  and  receivers, 
and  excepting  the  5  per  centum  of  the  proceeds  of  the  sales  of  public 
lands  in  the  above  States  set  aside  by  law  for  educational  and  other 
purposes,  shall  be,  and  the  same  are  hereby,  reserved,  set  aside,  and 
appropriated  as  a  special  fund  in  the  Treasury  to  be  known  as  the 
"reclamation  fund,"  to  be  used  in  the  examination  and  survey  for 
and  the  construction  and  maintenance  of  irrigation  works  for  the 
storage,  diversion,  and  development  of  waters  for  the  reclamation 
of  arid  and  semiarid  lands  in  the  said  States  and  Territories,  and 
for  the  payment  of  all  other  expenditures  provided  for  in  this 
act.    *    *  * 

Sec.  3.  That  the  Secretary  of  the  Interior  shaU,  before  giving  the 
public  notice  provided  for  in  section  4  of  this  act,  withdraw  from  pub- 
lic entry  the  lands  required  for  any  irrigation  works  contemplated 
under  the  provisions  of  this  act,  and  shall  restore  to  public  entry  any 
of  the  lands  so  withdrawn  when,  in  his  judgment,  such  lands  are  not 
required  for  the  purposes  of  this  act ;  and  the  Secretary  of  the  Interior 
is  hereby  authorized,  at  or  irnmediately  f)rior  to  the  time  of  beginning 
the  surveys  for  any  contemplated  irrigation  works,  to  withdraw  from 
entry,  except  under  the  homestead  laws,  any  public  lands,  believed 
to  be  susceptible  of  irrigation  from  said  works:  Provided,  That  all 
lands  entered  and  entries  made  under  the  homestead  laws  within 
areas  so  withdrawn  during  such  withdrawal  shaU  be  subject  to  all 
the  provisions,  limitations,  charges,  terms,  and  conditions  of  this 
act.    *    *  * 

A.  WITHDRAWAL  ORDER— EFFECT  AS  AGAINST  MINING  CLAIM. 

B.  LANDS  WITHDRAWN  NOT  DISPOSED  OF  AS  COAL  LANDS. 

A.  WITHDRAWAL  ORDER— EFFECT  AS  AGAINST  MINING  CLAIM. 

The  order  of  withdrawal  made  by  this  act  is  sufHcient  to  defeat  an  application 
where  the  applicant  had  not  acquired  any  vested  right  and  where  his  final  proofs 
had  not  been  approved  or  accepted  by  any  officer  of  the  Land  Department. 

Board  of  Control,  etc.,  v.  Torrence,  32  L.  D.  472,  p.  474. 


1390  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

A  possessory  right  for  a  mining  claim  may  be  acquired  under  the  mining  laws  which 
is  a  vested  right,  although  the  acquisition  of  title  is  not  contemplated,  and  the  power  of 
withdrawal  vested  in  the  Secretary  of  the  Interior  under  this  act  can  not  defeat  such 
a  vested  right. 

Instructions,  In  re,  32  L.  D.  387. 

See  Board  of  Control,  etc.,  v.  Torrence,  32  L.  D.  472. 

B.  LANDS  WITHDRAWN  NOT  DISPOSED  OP  AS  COAL  LANDS. 

Lands  withdrawn  from  settlement,  entry,  or  other  form  of  disposal  under  the  public - 
land  laws,  except  homestead  laws,  in  accordance  with  the  provisions  of  this  act  are 
not  subject  to  disposition  under  the  coal-land  laws. 

Hopkins,  In  re,  32  L.  D.  560. 

See  Board  of  Control,  etc.,  v.  Torrence,  32  L.  D.  472. 

36  STAT.  847,  JUNE  25,  1910. 

PRESIDENT  AUTHORIZED  TO  WITHDRAW  PUBLIC  LANDS. 

AN  ACT  To  authorize  the  President  of  the  United  States  to  make  withdrawals  of 
public  lands  in  certain  cases. 

Be  it  enacted;  etc.,  That  the  President  may,  at  any  time,  in  his 
discretion,  temporarily  withdraw  from  settlement,  location,  sale,  or 
entry  any  of  the  public  lands  of  the  United  States  including  the  Dis- 
trict of  Alaska  and  reserve  the  same  for  water-power  sites,  irrigation, 
classification  of  lands,  or  other  public  purposes  to  be  specified  in  the 
orders  of  withdrawals,  and  such  withdrawals  or  reservations  shall 
remain  in  force  until  revoked  by  him  or  by  an  act  of  Congress. 

Sec.  2.  That  all  lands  withdrawn  under  the  provisions  of  this  act 
shall  at  all  times  be  open  to  exploration,  discovery,  occupation,  and 
purchase,  under  the  mining  laws  of  the  United  States,  so  far  as  the 
same  apply  to  minerals  other  than  coal,  oil,  gas,  and  phosphates:  Pro- 
vided, That  the  rights  of  any  person  who,  at  the  date  of  any  order  of 
withdrawal  heretofore  or  hereafter  made,  is  a  bona  fide  occupant  or 
claimant  of  oil  or  gas  bearing  lands,  and  who,  at  such  date,  is  in  dili- 
gent prosecution  of  work  leading  to  discovery  of  oil  or  gas,  shall  not 
be  affected  or  impaired  by  such  order,  so  long  as  such  occupant  or 
claimant  shall  continue  in  diligent  prosecution  of  said  work :  And  pro- 
vided further.  That  this  act  shall  not  be  construed  as  a  recognition, 
abridgment,  or  enlargement  of  any  asserted  rights  or  claims  initiated 
upon  any  oil  or  gas  bearing  lands  after  any  withdrawal  of  such  lands 
made  prior  to  the  passage  of  this  act:  And  provided  further.  That 
there  shall  be  excepted  from  the  force  and  effect  of  any  withdrawal 
made  under  the  provisions  of  this  act  all  lands  which  are,  on  the  date 
of  such  withdrawal,  embraced  in  any  lawful  homestead  or  desert-land 
entry  theretofore  made,  or  upon  which  any  valid  settlement  has  been 
made  and  is  at  said  date  being  maintained  and  perfected  pursuant  to 
law;  but  the  terms  of  this  proviso  shall  not  continue  to  apply  to  any 
particular  tract  of  land  unless  the  entryman  or  settler  shall  continue 
to  comply  with  the  law  under  which  the  entry  or  settlement  was  made : 
And  provided  further.  That  hereafter  no  forest  reserve  shall  be  cre- 
ated, nor  shall  any  additions  be  made  to  one  heretofore  created  within 
the  limits  of  the  States  of  Oregon,  Washington,  Idaho,  Montana, 
Colorado,  or  Wyoming,  except  by  act  of  Congress. 

Sec.  3.  That  the  Secretary  of  the  Interior  shall  report  all  such 
withdrawals  to  Congress  at  the  beginning  of  its  next  regular  session 
after  the  date  of  the  withdrawals. 


WITHDRAWALS  OF  PUBLIC  LANDS,  PP.  1:{8S-1;194. 


1391 


A.  WITHDRAWALS  OF  PUBLIC  LANDS. 

1.  Purpose  of  act — Repealing  effect. 

2.  Existing  lawful  entries  excepted. 

3.  Withdrawals  for  classification  purposes — Coal,  oil, 

and  phosphate. 

4.  Disposal  of  coal  and  oil  lands  withdrawn. 

5.  Surface  entry  permitted  or  lands  withdrawn. 

6.  Lands  withdrawn  not  subject  to  school  indemnity 

selections. 

7.  istonmineral  lands  restored  to  public  domain. 

1.  purpose  of  act  repealing  effect. 

This  act,  giving  the  President  authority  to  make  temporary  withdrawal  of  lands  for 
definite  purposes,  was  not  intended  to  repeal  other  acts  specifically  permitting  entry 
of  other  classes  entirely  in  harmony  with  the  purposes  of  any  such  withdrawal, 

Gunn,  In  re,  39  L.  D.  561,  p.  563. 
See  ColUns,  In  re,  39  L.  D.  603. 

A  withdrawal  of  land  under  this  act  does  not  defeat  the  right  to  consideration  under 
the  act  of  June  22,  1910  (36  Stat.  583). 
Collins,  In  re,  39  L.  D.  603,  p.  604. 

2.  EXISTING  LAWFUL  ENTRIES  EXCEPTED. 

This  act  provides  that  there  shall  be  excepted  from  the  force  and  effect  of  any  with- 
drawal thereunder  lands  which  are  at  the  date  of  such  withdrawal  embraced  in  any 
lawful  entry  made  at  the  date  of  such  withdrawal. 

Jenne,  In  re,  40  L.  D.  408,  p.  409. 
See  Covey,  In  re,  40  L.  D.  410. 

This  act  provides  for  agricultural  entry  of  lands  withdrawn  thereunder  only  in  cases 
where  at  the  date  of  withdrawal  a  valid  settlement  had  been  made  and  was  maintained 
pursuant  to  law. 

Harrison,  In  re,  39  L.  D.  614,  p.  616. 

A  selection  or  location  made  in  good  faith  of  lands  known  as  nonmineral  at  a  time 
when  nonmineral  entries  were  allowed  on  an  ex  parte  showing  as  to  the  nonmineral 
character  of  the  land  applied  for  is  the  lawful  initiation  of  a  claim  under  this  statute 
and  is  excepted  from  its  proviso. 

Miller,  In  re,  40  L.  D.  33,  p.  34. 

The  provisions  relating  to  discovery  and  development  work  are  the  only  ones  afford- 
ing relief  or  protection  to  oil  claimants  who  did  not  have  complete  and  valid  locations 
at  the  time  such  oil  lands  were  withdrawn  from  settlement  under  this  act. 

Lowell,  In  re,  40  L.  D.  303,  p.  305. 

The  purpose  of  the  proviso  under  section  2  of  this  act  was  to  protect  any  bona  fide 
occupant  or  claimant  of  oil  or  gas  bearing  lands  who  was  in  diligent  prosecution  of 
work  leading  to  discovery  of  oil  or  gas  as  against  any  withdrawal  of  such  lands,  and  the 
proviso  has  no  bearing  upon  the  question  of  the  measure  of  proof  necessary  to  sustain 
the  allegation  of  a  protest  on  the  ground  that  the  lands  are  mineral  in  character  as 
against  a  nonmineral  selection  filed  before  the  withdrawal. 

Johnson  v.  Northern  Pac.  R.  Co.,  40  L.  D.  321,  p.  322. 


1392  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


3.  WITHDRAWALS  FOR  CLASSIFICATION  PURPOSES  COAL,  OIL,  AND 

PHOSPHATE. 

This  act  authorizes  the  withdrawal  of  lands  for  classification,  but  in  so  far  as  it  relates 
to  withdrawal  of  land  for  classification  of  land  as  coal  land,  it  must  be  construed  with 
the  act  of  March  3,  1909  (35  Stat.  844),  and  the  act  of  June  22,  1910  (36  Stat.  583),  as 
part  of  a  uniform  system  for  the  classification  of  coal  lands  and  the  disposal  of  surface 
rights  with  the  reservation  of  the  United  States  of  the  right  to  prospect  for,  mine,  and 
remove  the  coal  found  therein. 

Miller,  In  re,  40  L.  D.  33,  p.  34. 
See  Gunn,  In  re,  39  L.  D.  561. 

By  Executive  order  of  August  24,  1910,  certain  lands  in  the  Hailey,  Idaho,  land 
district  were  withdrawn  from  settlement,  location,  or  sale  for  examination  and  classi- 
fication with  respect  to  coal  value  and  subject  to  all  the  provisions,  limitations,  ex- 
ceptions, and  conditions  contained  in  that  act  and  the  act  of  June  22,  1910  (36  Stat, 
583). 

Woodhouse,  In  re,  41  L.  D.  145,  p.  146. 

Prior  to  this  act  there  was  no  statute  expressly  authorizing  the  Secretary  of  the 
Interior  or  the  President  to  make  withdrawals  of  public  lands  containing  oil  or  petroleum 
deposits  from  all  forms  of  location,  settlement,  selection,  sale,  or  entry  under  the  public 
land  or  mining  laws  of  the  United  States;  and  the  withdrawal  order  of  September  27, 
1909,  was  void,  and  the  validity  of  an  existing  petroleum  placer  mining  location  was 
not  affected  by  such  order  of  withdrawal. 

United  States  v.  Midwest  Oil  Co.,  206  Fed.  141,  p.  143. 

Overruled:  United  States  v.  Midwest  Oil  Co.,  —  U.  S.  —  (Feb.  23,  1915). 

Under  this  statute  the  President,  by  order  of  July  2,  1910,  withdrew  from  settlement, 
location,  sale,  or  entry,  and  reserved  for  classification,  certain  petroleum  lands  in  Cali- 
fornia belonging  to  the  United  States. 

CaHfomia,  In  re,  41  L.  D.  592,  p.  593. 

So  long  as  the  presidential  order  of  withdrawal  stands  as  to  the  oil  lands  described 
there  can  be  no  preferred  school  indemnity  selections  made  on  the  part  of  the  State, 
as  such  selections  are  not  among  the  classes  of  claims. 

California,  In  re,  41  L.  D.  592,  p.  594. 

The  withdrawal  as  to  phosphate  reserve  created  by  Executive  order  of  July  2,  1910, 
is  for  classification  and  in  aid  of  legislation  as  to  the  disposition  of  phosphate  deposits 
and  is  tentative  in  character,  and  an  applicant  is  protected  where  his  application 
was  filed  before  the  tract  was  withdrawn  for  phosphate  reserve,  if  otherwise  valid. 

Covey,  In  re,  40  L.  D.  410. 

4.  DISPOSAL  OF  COAL  AND  OIL  LANDS  WITHDRAWN. 

Under  this  act  land  may  be  withdrawn  and  reserved  from  any  disposal  for  classifi- 
cation and  appraisement  with  respect  to  coal  value. 
Hurley,  In  re,  40  L.  D.  591,  p.  592. 

The  second  proviso  of  section  2  is  not  construed  as  a  recognition,  abridgement,  or 
enlargement  of  any  asserted  rights  or  claims  initiated  upon  oil  lands  after  any  with- 
drawal, and  where  the  withdrawal  antedated  this  statute. 

Lowell,  In  re,  40  L.  D.  303,  p.  305. 

This  act,  known  as  the  withdrawal  act,  authorizes  the  President  to  temporarily 
withdraw  any  public  lands  for  classification  or  other  public  purposes,  and  under  this 
act  lands  may  be  included  in  a  petroleum  withdrawal. 

Hohnes  v.  Kinsey,  40  L.  D.  557,  p.  558. 


WITHDRAWALS  OF  PUBLIC  LANDS,  PP.  1388-1394.  1393 


Where  lands  withdrawn  nnder  this  art  are  fonnd  to  contain  deposits  of  petroleum, 
legislation  may  be  enacted  permitting  entry  of  tlie  surface  and  a  limited  patent  as  in 
case  of  coal  lands  under  the  act  of  June  22,  1910  (36  Stat.  583). 

Holmes  v.  Kinsey,  40  L.  D.  557,  p.  558. 

Lands  classified  as  oil  lands  and  reserved  by  Executive  order  ceased  to  be  subject 
to  disposal  under  the  agricultural  land  laws. 

CaUfomia,  In  re,  40  L.  D.  301,  p.  303. 
Lowell,  In  re,  40  L.  D.  303,  p.  305. 
California,  In  re,  41  L.  D.  592,  p.  597. 

5.  SURFACE  ENTRY  PERMITTED  OR  LANDS  WITHDRAWN. 

Under  this  statute  the  surface  may  be  entered  under  nonmineral  laws  and  the  coal 
underneath  the  surface  may  be  reserved,  or  the  Land  Department  is  authorized  to 
withdraw  such  lands  from  nonmineral  or  agricultural  entry,  and  if  it  is  believed  the 
geological  conditions  are  such  that  valuable  deposits  may  exist  therein,  the  depart- 
ment can  maintain  such  withdrawal  until  time  and  development  determine. 

United  States  v.  Kostelak,  207  Fed.  447,  p.  453. 

6.  LANDS  WITHDRAWN  NOT  SUBJECT  TO  SCHOOL  INDEMNITY 

SELECTIONS. 

Lands  withdrawn  from  disposition  by  presidental  order  on  account  of  their  mineral 
character  are  not  subject  to  school  indemnity  selections,  and  the  Secretary  of  the 
Interior  has  no  authority  to  approve  a  selection,  although  the  effort  to  make  the  selec- 
tion was  initiated  prior  to  the  order  of  withdrawal. 

California,  In  re,  41  L.  D.  592,  p.  597. 

No  title  is  acquired  under  or  by  virtue  of  a  school  indemnity  selection  until  the 
same  has  been  duly  approved  and  certified,  and  a  discovery  of  mineral  made  prior  to 
such  time  will  defeat  the  selection. 

California,  In  re,  41  L.  D.  592,  p.  597. 
Kinkade  v.  California,  39  L.  D.  491,  p.  494. 

7.  NONMINERAL  LANDS  RESTORED  TO  PUBLIC  DOMAIN. 

Lands  withdrawn  under  this  act  and  which  on  subsequent  examination  prove  to 
be  nonmineral  in  character  may  be  restored  to  the  public  domain  for  disposal. 
Holmes  v.  Kinsey,  40  L.  D.  557,  p.  558. 

If  it  should  be  satisfactorily  established  that  lands  withdrawn  by  the  presidential 
order  of  July  2,  1910,  were  nonoil  in  character,  it  would  be  the  duty  of  the  department 
to  call  this  fact  to  the  attention  of  the  President  and  recommend  a  modification  of  the 
order  of  withdrawal  so  as  to  eliminate  the  particular  nonoil  lands;  but  without  such 
modification  the  order  of  withdrawal  must  stand  as  to  the  entire  tracts. 

California,  In  re,  41  L.  D.  592,  p.  594. 

37  STAT.  497,  AUGUST  24,  1912. 

PUBLIC  LANDS  WITHDRAWN— AMENDMENT. 

AN  ACT  To  amend  section  2  of  an  act  to  authorize  the  President  of  the  United  States 
to  make  withdrawals  of  public  lands  in  certain  cases,  approved  June  25,  1910. 

Be  it  enacted,  etc.,  That  section  2  of  the  act  of  Congress  approved 
June  25,  1910  (36  Stat.  847),  be,  and  the  same  hereby  is,  amended  to 
read  as  follows: 

''Sec.  2.  That  all  lands  withdrawn  under  the  provisions  of  this 
act  shall  at  all  times  be  open  to  exploration,  discovery,  occupation, 


1394  UNITED  STATES  MINING  STATUTES  ANNOTATED. 

and  purchase  under  the  mining  laws  of  the  United  States,  so  far  as 
the  same  apply  to  metalliferous  minerals:  Provided,  That  the  rights 
of  any  person  who,  at  the  date  of  any  order  of  withdrawal  heretofore 
or  hereafter  made,  is  a  bona  fide  occupant  or  claimant  of  oil  or  gas 
bearing  lands  and  who,  at  such  date,  is  in  the  diligent  prosecution  of 
work  leading  to  the  discovery  of  oil  or  gas,  shall  not  be  affected  or 
impaired  by  such  order  so  long  as  such  occupant  or  claimant  shall 
continue  in  diligent  prosecution  of  said  work:  Provided  further,  That 
this  act  shall  not  be  construed  as  a  recognition,  abridgment,  or  en- 
largement of  any  asserted  rights  or  claims  initiated  upon  any  oil  or 
gas  bearing  lands  after  any  withdrawal  of  such  lands  made  prior  to 
June  25,  1910:  And  provided  further.  That  there  shall  be  excepted 
from  the  force  and  effect  of  any  withdrawal  made  under  the  pro- 
visions of  this  act  all  lands  which  are,  on  the  date  of  such  with- 
drawal, embraced  in  any  lawful  homestead  or  desert-land  entry 
theretofore  made,  or  upon  which  any  valid  settlement  has  been  made 
and  is  at  said  date  being  maintained  and  perfected  pursuant  to  law; 
but  the  terms  of  this  proviso  shall  not  continue  to  apply  to  any 
particular  tract  of  land  unless  the  entryman  or  settler  shall  continue 
to  comply  with  the  law  under  which  the  entry  or  settlement  was 
made:  And  provided  further.  That  hereafter  no  forest  reserve  shall  be 
created,  nor  shall  any  additions  be  made  to  one  heretofore  created, 
within  the  limits  of  the  States  of  California,  Oregon,  Washington, 
Idaho,  Montana,  Colorado,  or  Wyoming,  except  by  act  of  Congress." 

EXECUTIVE  ORDER— ALASKA. 

Under  authority  of  the  act  of  Congress  entitled  ''An  act  to  author- 
ize the  President  of  the  United  States  to  make  withdrawals  of  public 
lands  in  certain  cases,"  approved  June  25,  1910  (36  Stat.  847),  as 
amended  by  the  act  of  August  24,  1912  (37  Stat.  497),  it  is  hereby 
ordered  that  the  Executive  order  dated  March  28,  1911,  withdrawing 
''all  tracts  of  public  lands  in  the  District  of  Alaska  upon  which  hot 
springs,  or  other  springs,  the  waters  of  which  possess  curative  medici- 
nal properties,  are  located,  to  the  extent  of  160  acres  surrounding 
each  spring,  in  rectangular  form  with  side  and  end  lines  equidistant, 
as  near  as  may  be,  from  such  spring  or  group  of  springs,"  be  revoked 
so  far  as  it  applies  to  lands  within  national  forests. 

WooDROw  Wilson. 

The  White  House,  24  January,  1914. 


PUBLICATIONS  ON  METHODS  OF  MINING. 


A  limited  supply  of  the  following  publications  of  the  Bureau  of 
Mines  is  temporarily  available  for  free  distribution.  Requests  for 
all  publications  can  not  be  granted,  and  to  insure  equitable  distri- 
bution applicants  are  requested  to  limit  their  selection  to  publica- 
tions that  may  be  of  especial  interest  to  them.  Requests  for  publi- 
cations should  be  addressed  to  the  Director,  Bureau  of  Mines. 

Bulletin  10,  The  use  of  permissible  explosives,  by  J,  J.  Rutledge  and  Clarence 
Hall.    1912.    34  pp.,  5  pis.,  4  figs. 

Bulletin  17.  A  primer  on  explosives  for  coal  miners,  by  C.  E.  Munroe  and  Clar- 
ence Hall.  61  pp.,  10  pis.,  12  figs.  Reprint  of  United  States  Geological  Survey 
Bulletin  423. 

Bulletin  42.  The  sampling  and  examination  of  mine  gases  and  natural  gas,  by 
G.  A.  Burrell  and  F.  M.  Seibert.    1913.    116  pp.,  2  pis.,  23  figs. 

Bulletin  45.  Sand  available  for  filling  mine  workings  in  the  Northern  Anthra- 
cite Coal  Basin  of  Pennsylvania,  by  N.  H.  Darton.    1913.    33  pp.,  8  pis.,  5  figs. 

Bulletin  46.    An  investigation  of  explosion-proof  mine  motors,  by  H.  H.  Clark. 

1912.  44  pp.,  6  pis.,  14  figs. 

Bulletin  48.  The  selection  of  explosives  used  in  engineering  and  mining  opera- 
tions, by  Clarence  Hall  and  S.  P.  Howell.    1913.    50  pp.,  3  pis.,  7  figs. 

Bulletin  52.  Ignition  of  mine  gases  by  the  filaments  of  incandescent  electric 
lamps,  by  H.  H.  Clark  and  L.  C.  Ilsley.    1913.    31  pp.,  6  pis.,  2  figs. 

Bulletin  60.  Hydraulic  mine  filling,  its  use  in  the  Pennsylvania  anthracite 
fields,  a  preliminary  report,  by  Charles  Enzian.    1913.    77  pp.,  3  pis.,  12  figs. 

Bulletin  62.  National  mine-rescue  and  first-aid  conference,  Pittsburgh,  Pa., 
September  23-26,  1912,  by  H.  M.  Wilson.    1913.    74  pp. 

Bulletin  68.  Electric  switches  for  use  in  gaseous  mines,  by  H.  H.  Clark  and 
R.  W.  Crocker.    1913.    40  pp.,  6  pis. 

Technical  Paper  11.  The  use  of  mice  and  birds  for  detecting  carbon  monoxide 
after  mine  fires  and  explosions,  by  G.  A.  Burrell.    1912.    15  pp. 

Technical  Paper  13.  Gas  analysis  as  an  aid  in  fighting  mine  fires,  by  G.  A. 
Burrell  and  F.  M.  Seibert.    1912.    16  pp.,  1  fig. 

Technical  Paper  14.    Apparatus  for  gas-analysis  laboratories  at  coal  mines,  by 

G.  A.  Burrell  and  F.  M.  Seibert.    1913.    24  pp.,  7  figs. 

Technical  Paper  17.  The  effect  of  stemming  on  the  efliciency  of  explosives,  by 
W.  O.  Snelling  and  Clarence  Hall.    1912.    20  pp.,  11  figs. 

Technical  Paper  18.  Magazines  and  thaw  houses  for  explosives,  by  Clarence 
Hall  and  S.  P.  Howell.    1912.    34  pp.,  1  pi.,  5  figs. 

Technical  Paper  19,    The  factor  of  safety  in  mine  electrical  installations,  by 

H.  H.  Clark.    1912.    14  pp. 

Technical  Paper  21,  The  prevention  of  mine  explosions,  report  and  recom- 
mendations, by  Victor  Watteyne,  Carl  Meissner,  and  Arthur  Desborough,  12  pp. 
Reprint  of  United  States  Geological  Survey  Bulletin  369. 

Bulletin  90.    Abstracts  of  current  decisions  on  mines  and  mining,  December, 

1913,  to  September,  1914,  by  J.  W.  Thompson.    1915.    176  pp. 

1395 


1396  UNITED  STATES  MINING  STATUTES  ANNOTATED. 


Technical  Paper  22.  Electrical  symbols  for  mine  maps,  by  H.  H.  Clark.  1912. 
11  pp.,  8  figs. 

Technical  Paper  23.  Ignition  of  mine  gas  by  miniature  electric  lamps  with 
tungsten  filaments,  by  H.  II.  Clark.    1912.    5  pp. 

Technical  Paper  24.  Mine  fires,  a  preliminary  study,  by  G.  S.  Rice.  1912.  51 
pp.,  1  fig. 

Technical  Paper  28.  Ignition  of  mine  gas  by  standard  incandescent  lamps,  by 
H.  H.  Clark.    1912.    6  pp. 

Technical  Paper  30.  Mine-accident  prevention  at  Lake  Superior  iron  mines,  by 
D.  E.  Woodbridge.    1913.    38  pp.,  9  figs. 

Technical  Paper  39.  The  inflammable  gases  in  mine  air,  by  G,  A.  Burrell  and 
F.  M.  Seibert.    1913.    24  pp.,  2  figs. 

Technical  Paper  41.  Mining  and  treatment  of  lead  and  zinc  ores  in  the  JopUn 
district,  Mo.,  a  preliminary  report,  by  C.  A.  Wright.    1913.    43  pp.,  5  figs. 

Technical  Paper  44,  Safety  electric  switches  for  mines,  by  H.  H.  Clark.  1913. 
8  pp. 

Technical  Paper  47.    Portable  electric  mine  lamps,  by  H.  H.  Clark.  1913. 

13  pp. 

Technical  Paper  58.  Action  of  acid  mine  water  on  the  insulation  of  electric  con- 
ductors, a  preliminary  report,  by  H.  H. Clark  and  L.  C.  Ilsley.    1913.    26  pp.,  1  fig. 

Technical  Paper  59.  Fires  in  the  Lake  Superior  iron  mines,  by  Edwin  Higgins. 
34  pp.,  2  pis. 

Technical  Paper  75.  Permissible  electric  lamps  for  miners,  by  H.  H.  Clark. 
1914.    21  pp.,  3  figs. 

Miners'  Circular  3.    Coal-dust  explosions,  by  G.  S.  Rice.    1911.    22  pp. 

Miners'  Circular  4.  The  use  and  care  of  mine-rescue  breathing  apparatus,  by 
J.  W.  Paul.    1911.    24  pp.,  5  figs. 

Miners'  Circular  5.  Electrical  accidents  in  mines,  their  causes  and  prevention, 
by  H.  H.  Clark,  W.  D.  Roberts,  L.  C.  Ilsley,  and  H.  F.  Randolph.   1911.  10  pp.,  3  pis. 

Miners'  Circular  7.  Use  and  misuse  of  explosives  in  coal  mining,  by  J.  J.  Rut- 
ledge,  with  a  preface  by  J.  A.  Holmes.    1913.    52  pp.,  8  figs. 

Miners'  Circular  8.  First-aid  instructions  for  miners,  by  M.  W.  Glasgow,  W.  A. 
Raudenbush,  and  C.  0.  Roberts.    1913.    66  pp.,  46  figs. 

Miners'  Circular  9.  Accidents  from  falls  of  roof  and  coal,  by  G.  S.  Rice.  1912. 
16  pp. 

Miners'  Circular  10.    Mine  fires  and  how  to  fight  them,  by  J.  W,  Paul.  1912. 

14  pp. 

Miners'  Circular  11.  Accidents  from  mine  cars  and  locomotives,  by  L,  M. 
Jones.    1912.    16  pp. 

Miners'  Circular  12.  The  use  and  care  of  miners'  safety  lamps,  by  J.  W.  Paul. 
1913.    16  pp.,  4  figs. 

Miners'  Circular  13.    Safety  in  tunneling  by  D.  W.  Brunton  and  J.  A.  Davis. 

1913.  19  pp. 

Miners'  Circular  14.  Gases  found  in  coal  mines,  by  G.  A.  Burrell.  1913. 
—  pp. 

Miners'  Circular  15.  Rules  for  mine-rescue  and  first-aid  field  contests,  by  J.  W. 
Paul.    1913.    12  pp. 

Miners'  Circular  16.  Hints  on  coal-mine  ventilation,  by  J.  J.  Rutledge.  1914. 
22  pp. 

Miners'  Circular  17.    Accidents  from  falls  of  rock  or  ore,  by  Edwin  Higgins. 

1914.  15  pp.,  8  figs. 

Miners'  Circular  19.  The  prevention  of  accidents  from  explosives  in  metal  min- 
ing, by  Edwin  Higgins.    1914.    16  pp.,  11  figs. 


LIST  OF  ABBREVIATIONS. 


A. 

Ala  Alabama. 

Am  American  Reports. 

Am.  Dec  American  Decisions. 

Am.  St  American  State  Reports. 

Ann.  Cas  Annotated  Cases. 

App.  Cas.  (D.  C.)  Appeal  Cases,  District  of  Columbia. 

Ariz  Arizona. 

Ark  Arkansas. 

Atl  Atlantic  Reporter. 

B. 

Brainard's  Leg.  Free  Brainard's  Legal  Precedents. 

C. 

Cal  California. 

Cal.  App  California  Appeals. 

Carpenter's  Min.  Code  Carpenter's  Mining  Code. 

CCA  Circuit  Court  of  Appeals  (U.  S.). 

Clark's  Min.  L.  Dig  Clark's  Mineral  Law  Digest. 

Colo  Colorado. 

Colo.  App  Colorado  Appeals. 

Copp's  L.  O.  or  C.  L.  O  Copp's  Land  OwTier. 

Copp's  Min.  Lands  Copp's  Mineral  Lands. 

Copp's  Min.  Dec  Copp's  Mining  Decisions. 

Copp's  Pub.  Land  Laws  Copp's  Public  Land  Laws. 

Ct.  of  Claims  Court  of  Claims  (U.  S.). 

D. 

Dak  Dakota. 

D.  C  District  of  Columbia. 

Dill  Dillon  (U.  S.  Cir.  Ct.). 

F. 

Fed  Federal  Reporter  (U.  S.  District  and  Circuit). 

Fed.  Cas  Federal  Cases  (U.  S.  District  and  Circuit). 

G. 

Ga  Georgia. 

H. 

How  Howard  (U.  S.). 

I. 

Idaho  Idaho. 

Iowa  Iowa. 

K. 

Kan  Kansas. 

Kan.  App  Kansas  Appeals. 

L. 

La  Louisiana. 

Lands  &  R.  Rec  Lands  and  Railroad  Records. 

Law  &  Eq  Law  and  Equity  (Eng.). 

L.  D  Decisions  of  United  States  Land  Department. 

L.  ed  Lawyers'  Edition  Supreme  Court  Reports. 

Lester  Lester's  Land  Laws  and  Decisions. 

L.  R.  A  Lawyers'  Reports  Annotated. 

L.  R.  A.  (N.  S.)  Lawyers'  Reports  Annotated  (New  Series). 

L.  R.  Ch  Law  Reports,  Chancery  (Eng.). 

1397 


1398  LIST  OF  ABBKEVIATIONS. 

M. 

Mackey  Mackey  (D.  C). 

McLean  McLean  (U.  S.  Cir.  Ct.). 

Mich  Michigan. 

Minn  Minnesota. 

Mo  Missouri. 

Mo.  App  Missouri  Appeals. 

Mont  Montana. 

Morr  Morrison's  Mining  Reports. 

Morr.  Min.  Rts  Morrison's  Mining  Rights. 

M.  &  W  Meeson  and  Welsby's  Reports  (Eng.). 

N. 

N.  D  North  Dakota. 

N.  E  Northeastern  Reporter. 

Neb  Nebraska. 

Nev  Nevada. 

N.  J.  Eq  New  Jersey  Equity. 

N.  Mex  New  Mexico. 

N.  W  Northwestern  Reporter. 

O. 

Okia  Oklahoma. 

Oreg  Oregon. 

Op.  Atty.  Gen  Opinions  of  the  Attorney  General. 

P. 

Pac  Pacific  Reporter. 

Pa.  St  Permsylvania  State. 

Pet  Peters  (U.  S.). 

Plow  Plowden's  Reports  (Eng.). 

R. 

R.  S  United  States  Revised  Statutes. 

S. 

Sawy  Sawyer  (U.  S.  Cir.  Ct.). 

Scott  L.  R  Scott's  Law  Reports  (Eng.). 

S.  Ct  Supreme  Court  Reporter. 

S.  Dak  South  Dakota. 

S.  E  Southeastern  Reporter. 

Sickels'  Min.  L.  &  D  Sickels'  Mining  Laws  and  Decisions. 

So  Southern  Reporter. 

Stat  United  States  Statutes  at  Large. 

S.  W  ^  Southwestern  Reporter. 

T. 

Tex  Texas. 

Tex.  Civ.  App  Texas  Civil  Appeals. 

U. 

U.  S  United  States  Supreme  Court  Reports. 

Utah  Utah. 

W. 

Wall  Wallace  (U.  S.). 

Wash  Washington. 

Water  &  Min.  Cas  Water  and  Mining  Cases. 

W.  R  Weekly  Reporter. 

W.  Va  West  Virginia. 

Wyo  Wyoming. 


SECTIONS  OF  REVISED  STATUTES  COMPILED  AND 

ANNOTATED. 


Section.  Page. 

355   829 

441   829 

452   830 

910   831 

1889    832 

2238    833 

2258    833 

2275    836 

2276   837 

2302   839 

2318   1 

2319   9 

2320    35 

2321   99 

2322   102 

2323   164 

2324   177 

2325    289 

2326   429 

2327   504 

2328    506 

2329    507 

2330   526 

2331   534 

2332   547 

2333    554 

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2336    586 

2337   593 

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2339    609 

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2341   624 


Section.  Page. 

2342   627 

2343   628 

2344   629 

2345   630 

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2348   752 

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2362   847 

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2386..   1354 

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2395    849 

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5570-5578    857 

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1399 


SECTIONS  OF  ALASKA  COMPILED  LAWS. 


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Page. 
.  861 


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128g. 
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862 
862 
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882 
882 
883 
884 
885 
885 
886 


Page. 

197  ■   890 

198   890 

199    891 

200   891 

214   898 

220   898 

234    911 

235    911 

236   912 

237   912 

330   898 

349   899 

379    900 

380    901 

416   902 

425    902 

633   902 

691   903 

692  -•   903 

693    904 

694    904 

695   904 

696    905 

697   905 

698    905 

699    905 

700   906 

701   906 

702   906 

703    907 

704   907 

798   907 

836    907 

867   908 

1133   908 

1184   909 

1307   909 

1946   909 

1955   909 

2569   910 

2594   861 


1400 


STATUTES  AT  LARGE  COMPILED  AND  ANNOTATED. 


Page. 

Ordinance  of  1785,  May  20, 1785   1080 

1  Stat.  464,  May  18,  1796   1194 

1  Stat.  490,  June  1,  1796   1196 

2  Stat.  73,  May  10, 1800   1196 

2  Stat.  87,  April  16,  1800   1081 

2  Stat.  173,  April  30,  1802   1239 

2  Stat.  235,  March  3, 1803   1197 

2  Stat.  277,  March  26,  1804   1239 

2  Stat.  324,  March  2, 1805   1240 

2  Stat.  391,  April  21,  1806   1241 

2  Stat.  440,  March  3,  1807   1241 

2  Stat.  445,  March  3,  1807   1197 

2  Stat.  448,  p.  449,  March  3,  1807   1243 

2  Stat.  470,  February  29,  1808   1245 

2  Stat.  617,  February  15, 1811   1241 

2  Stat.  662,  March  3,  1811   1242 

3  Stat.  211,  February  17, 1815   1198 

3  Stat.  256,  March  5,  1816   1199 

3  Stat.  260,  March  25,  1816   1215 

3  Stat.  289,  ApriI19,  1816   1245 

3  Stat.  296,  April  14,  1816   1199 

3  Stat.  332,  April  29,  1816   1039 

3  Stat.  428,  Aprill8,  1818   1246 

3  Stat.  489,  March  2,  1819   1247 

3  Stat.  545,  March  6,  1820   1251 

3  Stat.  787,  March  3,  1823   1252 

4  Stat.  79,  December  28,  1824   1252 

4  Stat.  305,  May  24,  1828   1252 

4  Stat.  364,  March  3,  1829   1039 

4  Stat.  451,  March  2,  1831   1199 

4  Stat.  472,  March  2,  1831   1334 

4  Stat.  505,  April  20,  1832   1200 

4  Stat.  686,  June  26,  1834   1040 

5  Stat.  58,  June  23,  1836   1253 

5  Stat.  59,  June  23,  1836   1253 

5  Stat.  453,  September  4,  1841   833 

5  Stat.  453,  September  4,  1841   1200 

5  Stat.  507,  August  16,  1842   1203 

5  Stat.  657,  May  23,  1844   1375 

5  Stat.  789,  March  3,  1845   1254 

6  Stat,  161,  April  16,  1816   1204 

6  Stat.  779,  March  3,  1839   1204 

9  Stat.  37,  July  11,  1846   1041 

9  Stat.  56,  August  6,  1846   1255 

9  Stat.  146,  March  1, 1847   1081 

9  Stat.  179,  March  3,  1847   1084 

9  Stat.  181,  March  3,  1847   1204 

9  Stat.  395,  March  3,  1849   1038 

9  Stat.  452,  September  9,  1850   1085 

9  Stat.  496,  September  27,  1850   1087 

9  Stat.  472,  September  26,  1850   1086 

9  Stat.  631,  March  3,  1951   1074 

10  Stat.  5,  May  4,  1852   1256 

56974°— Bull.  94,  pt.  2—15  37 


Page. 


10  Stat.  7,  May  27,  1852   1256 

10  Stat.  15,  July  12,  1852   1205 

10  Stat.  28,  August  4,  1852   1188 

10  Stat.  172,  p.  179,  March  2,  1853   1257 

10  Stat.  244,  March  3,  1853   1257 

10  Stat.  308,  July  22,  1854   1205 

10  Stat.  346,  August  3,  1854   1263 

10  Stat.  597,  December  15,  1854   1264 

10  Stat.  683,  March  3,  1855   1188 

11  Stat.  9,  May  15,  1856   1264 

11  Stat.  15,  May  17,  1856   1264 

11  Stat.  166,  February  26,  1857   1266 

11  Stat.  186,  March  3,  1857   1208 

11  Stat.  269,  May  4,  1858   1267 

11  Stat.  383,  February  14,  1859   1267 

12  Stat.  71,  June  21,  1860   1075 

12  Stat.  124,  December  17,  1860   1269 

12  Stat.  126,  January  29,  1861   1270 

12  Stat.  409,  May  30,  1862   1087 

12  Stat.  413,  June  2,  1862   1088 

12  Stat.  489,  July  1,  1862   1099 

12  Stat.  503,  July  2,  1862   1270 

12  Stat.  836,  April  11,  1860   1078 

13  Stat.  30,  p.  32,  March  21,  1864   1270 

13  Stat.  47,  April  19,  1864   1272 

13  Stat.  66,  May  5,  1864   1111 

13  Stat.  343,  July  1,  1864    786 

13  Stat.  356,  July  2,  1864   1107 

13  Stat.  365,  July  2,  1864   1112 

13  Stat.  440,  February  27,  1865   1089 

13  Stat.  441,  February  27,  1865    831 

13  Stat.  529,  March  3,  1865    788 

13  Stat.  567,  January  30,  1865   1273 

13  Stat.  673,  October  7,  1863   952 

13  Stat.  681,  October  12,  1863   952 

14  Stat.  43,  May  5,  1866   1274 

14  Stat.  66,  June  21,  1866   1090 

14  Stat.  66,  June  21,  1866   839 

14  Stat.  79,  July  3,  1866   1110 

14  Stat.  80,  July  3, 1866   1274 

14Stat.  81,  July3,  1866   1275 

14  Stat.  83,  July  4,  1866   1127 

14  Stat.  85,  July  4, 1866   1275 

14  Stat.  94,  July  13, 1866   1129 

14  Stat.  218,  July  23,  1866   1090 

14  Stat.  239,  July  25,  1866   1129 

14  Stat.  242,  July  25,  1866   1383 

14  Stat.  251,  July  26,  1866   632 

14  Stat.  292,  p.  293,  July  27, 1866   1131 

14  Stat.  338,  July  28,  1866   1140 

14  Stat.  490,  February  25,  1867   1276 

14Stat.  541,  March  2, 1867   1376 

14  Stat.  548,  March  2,  1867   1140 


1401 


1402 


STATUTES  AT  LAEGE  COMPILED  AND  ANNOTATED. 


Page. 

14  Stat.  799,  July  19, 1866    952 

15  Stat.  67,  Chap.  53,  June  8, 1868   1377 

15  Stat.  67,  Chap.  55,  Jvme  8,  1868   1276 

15  Stat.  169,  July  23, 1868   1278 

15  Stat.  178,  p.  183,  July  25,  1868   1278 

15  Stat.  187,  July  25, 1868   1138 

15  Stat.  340,  March  3,  1869   1279 

15  Stat.  619,  March  2, 1868   953 

15  Stat.  635,  April  29, 1868   954 

16  Stat.  45,  April  10, 1869   1265 

16  Stat.  94,  May  4,  1870   1141 

16  Stat.  149,  June  11, 1870   1159 

16  Stat.  217,  July  9,  1870   670 

16  Stat.  382,  June  28,  1870    1138 

16  Stat.  573,  March  3, 1871   1141 

16  Stat.  580,  March  3, 1871   1143 

16  Stat.  581,  March  3, 1871   1276 

16  Stat.  594,  February  9, 1871   1279 

17  Stat.  48,  April  2, 1872   859 

17Stat.  333,  June  8, 1872   1237 

17  Stat.  339,  June  8,  1872    1143 

17  Stat.  465,  February  18,  1873   1093 

17  Stat.  483,  March  1, 1873    281 

17  Stat.  605,  March  3, 1873   1238 

17  Stat.  607,  March  3, 1873    791 

17  Stat.  91,  May  10,  1872   677 

18  Stat.  36,  April  29,  1874   955 

18  Stat.  61,  June  6, 1874   282, 722 

18  Stat.  194,  June  22, 1874   1215 

18  Stat.  315, 1  Supp.  62,  February  11, 1875. . .  282 

18Stat.  371,  March  3,  1875   1094 

18  Stat.  474,  p.  476,  March  3,  1875   1279 

ISStat.  482,  March  3, 1875   1188 

19  Stat.  52,  May  5,  1876   723 

19  Stat.  102,  p.  121,  July  31, 1870   1094 

19  Stat.  176,  p.  192,  August  15, 1876   956 

19  Stat.  221,  January  12, 1877   1209 

19  Stat.  254,  February  29, 1877   958 

19  Stat.  267,  p.  268,  March  1, 1877   1285 

19  Stat.  344,  p.  348,  March  3,  1877   1095 

19  Stat.  377,  Chap.  107,  March  3, 1877   946 

19  Stat.  377,  Chap.  108,  March  3, 1877   1159 

19Stat.  665,  August  1,1876   1284 

20  Stat.  88,  June  3, 1878   1335 

20  Stat.  89,  June  3, 1878   1308 

20  Stat.  206,  p.  229,  June  20, 1878   1095 

20  Stat.  377,  p.  392,  March  3,  1879   1095 

21  Stat.  61, 1  Supp.  276,  January  22, 1880.. .  283,426 

21  Stat.  140,  May  14, 1880   1216 

21  Stat.  199,  June  15, 1880   959 

21  Stat.  237,  June  15,  1880   1218 

21  Stat.  259,  pp.  273  ,  274,  Jime  16, 1880   1095 

21  Stat.  287,  Chap.  244,  June  16, 1880   1219 

21  Stat.  287,  Chap.  245,  Jime  16,  1880   1285 

21  Stat.  435,  p.  451,  March  3, 1881   1095 

21  Stat.  505,  March  3, 1881   496 

22  Stat.  49,  1  Supp.  338,  April  26, 1882   502 

22  Stat.  178,  July  28, 1882   989 

22  Stat.  302,  p.  327,  August  7,  1882   1095 

22  Stat.  349,  August  7,  1882   1212 

22  Stat.  487,  March  3, 1883    792 

22  Stat.  582,  p.  590,  March  3, 1883   990 

22  Stat.  603,  pp.  623,  624,  March  3, 1883   1095 

23  Stat.  10,  April  2, 1884   1284 

23  Stat.  12,  April  23,  1884   1250 


Page. 


23  Stat.  24,  p.  26,  1  Supp.  R.  S.  430,  May  17, 

1884    887,900 

23  Stat.  103,  July  5, 1884   1160 

23  Stat.  194,  pp.  211,212,  July  7, 1884   1095 

23  Stat.  348,  March  3,  1885   832 

23  Stat.  478,  p.  499,  March  3, 1885   1095 

24  Stat.  222,  p.  240,  August  4, 1886   1(5^5 

24  Stat.  310,  August  5, 1886   933 

24  Stat.  477,  March  3, 1887   1144 

24  Stat.  509,  p.  527,  March  3,  1887   1095 

24  Stat.  556,  March  3, 1887   1145 

25  Stat.  35,  February  13, 1888   960 

25  Stat.  113,  May  1, 1888   961 

25  Stat.  157,  May  24, 1888   962 

25  Stat.  438,  August  13,  1888   1068 

25  Stat.  498,  October  1 , 1888   933 

25  Stat.  505,  pp.  525,  527,  October  2, 1888   1095 

25  Stat.  668,  February  13,  1889   960 

25  Stat.  676,  February  22, 1889   1287 

25  Stat.  783,  March  1, 1889   991 

25  Stat.  854,  March  2,  1889   1388 

25  Stat.  939,  pp.  959, 960,  March  2,  1889   1095 

25  Stat.  980,  March  2,  1889   963 

25  Stat.  1013,  p.  1015,  March  2,  1889   964 

26  Stat.  81,  p.  95,  May  2,  1890    964 

26  Stat.  158,  June  17,  1890.   1382 

26  Stat.  215,  July  3,  1890   1291 

26  Stat.  209,  July  2,  1890   1235 

26  Stat.  222,  p.  224,  July  10,  1890   1292 

26  Stat.  227,  July  10,  1890   1161 

26  Stat.  371,  August  30, 1890   1189 

26  Stat.  371,  pp.  390,391,  August  30,  1890   1095 

26  Stat.  478,  September  25,  1890   1162 

26  Stat.  640,  October  1, 1890   992 

26  Stat.  650,  October  1,  1890   1162 

26  Stat.  662,  October  1,  1890   1221 

26  Stat.  712,  January  12,  1891   965 

26  Stat.  747,  February  13,  1891   1163 

26  Stat.  794,  February  28, 1891   993 

26  Stat.  796,  February  28,  1891   836 

26  Stat.  854,  p.  860,  March  3,  1891   1078 

26  Stat.  948,  pp.  971,972,  March  3,  1891   1095 

26  Stat.  989,  pp.  1026, 1031, 1036,  March  3, 1891 .  994 

26  Stat.  1093,  March  3,  1891   1350 

26  Stat.  1095,  March  3,  1891   1221 

26  Stat.  1095,  p.  1096,  March  3, 1891   947 

26  Stat.  1095,  p.  1101,  March  3,  1891   1190 

26  Stat.  1095,  pp.  1101, 1102,  March  3,  1891 ....  1378 

26  Stat.  1095,  p.  1103,  March  3,  1891   1164 

26  Stat.  1104,  March  3,  1891   802 

27  Stat.  62,  July  1,  1892   966 

27  Stat.  120,  p.  126,  July  13,  1892    971 

27  Stat.  183,  July  16,  1892   807 

27  Stat.  348,  August  4,  1892   1328 

27  Stat.  349,  pp.  370,371,  August  5,  1892   1095 

27  Stat.  393,  February  25, 1892    933 

27  Stat.  390,  August  5,  1892   1229 

27  Stat.  408,  December  22,  1892   1178 

27  Stat.  444,  February  13,  1893   1351 

27  Stat.  470,  February  20,  1893    995 

27  Stat.  507,  March  1,  1893   934 

27  Stat.  572,  pp.  592, 594,  March  3,  1893   1095 

27  Stat.  612,  March  3,  1893    971 

27  Stat.  675,  March  3,  1893   808 

28  Stat.  6,  November  3, 1893    285 

28  Stat.  107,  July  16,  1894   1293 


STATUTES  AT  LARGE  COMPILED  AND  ANNOTATED. 


1403 


Page. 


28  Stat.  114,  July  18,  1894    280 

28  Stat.  162,  JiUy  31,  1894    808 

28  Stat.  280,  August  If),  1894   990 

28  Stat.  372,  pp.  394,398,  Aupust  18,  1894   1095 

28  Stat.  372,  p.  422,  August  18,  1894   948 

28  Stat.  423,  August  20,  1894    851, 852, 853 

28  Stat.  035,  January  21,  1895   1190 

28  Stat.  004,  February  15,  1895   1101 

28  Stat.  677,  February  20,  1895    998 

28  Stat.  083,  Febniary  20,  1895   1148 

28  Stat.  704,  March  2,  1895   808 

28  Stat.  870,  pp.  894, 899, 900,  March  2,  1895 ...  999 

28  Stat.  910,  pp.  937, 939, 940,  March  2,  1895 . . .  1095 

28  Stat.  1222,  August  19,  1893   973 

29  Stat.  9,  February  20,  1890   969 

29  Stat.  11,  February  20,  1890   1178 

29  Stat.  40,  March  2,  1896   1190 

29  Stat.  95,  Aprill8,  1890   1179 

29  Stat.  120,  May  14,  1896   1191 

29  Stat.  127,  May  21,  1896   1068 

29  Stat.  140,  May  28,  1890   808 

29  Stat.  321,  June  10,  1890    973 

29  Stat.  413,  June  11,  1890   950 

29  Stat.  413,  pp.  434, 435, 430,  June  11,  1890.. . .  1095 

29  Stat.  520,  February  11,  1897   1043 

29  Stat.  538,  February  19,  1897   808 

29  Stat.  618,  2  Supp.  R.  S.  573,  March  2,  1897 .  910 

30  Stat.  11,  p.  33,  June  4,  1897   1095 

30  Stat.  11,  pp.  34,35,30,  June  4,  1897   1104 

30  Stat.  11,  p.  35,  June  4,  1897   1352 

30  Stat.  11,  p.  37,  June  4,  1897   1095, 1156 

30  Stat.  62,  pp.  85, 87,  June  7,  1897   1001 

30  Stat.  277,  March  15,  1898    809 

30  Stat.  484,  June  21,  1898   1296 

30  Stat.  487,  June  21,  1898   1305 

30  Stat.  495,  p.  497,  June  28,  1898   1003 

30  Stat.  544,  p.  547,  July  1,  1898   814 

30  Stat.  571,  July  1,  1898   969 

30  Stat.  597,  pp.  618,620,622,  July  1,  1898   1351 

30  Stat.  597,  p.  620,  July  1,  1898   1125 

30  Stat.  597,  p.  620,  July  1,  1898   1095 

30  Stat.  651,  2  Supp.  880,  July  2,  1898   287 

30  Stat.  846,  February  24,  1899    809 

30  Stat.  910,  February  28,  1899   1191 

30  Stat.  993,  March  2, 1899   1179 

30  Stat.  1074,  March  3,  1899   1157 

30  Stat.  1074,  p.  1098,  March  3,  1899   1095 

30  Stat.  1121,  March  3,  1899    944 

30  Stat.  1214,  March  3,  1899   1191 

30  Stat.  1779,  July  27,  1898    972 

31  Stat.  86,  April  17,  1900   809 

31  Stat.  588,  p.  615,  June  6,  1900   1157 

31  Stat.  588,  pp.  016, 617,  June  6,  1900   1095 

31  Stat.  658,  June  6, 1900    782,887 

31  Stat.  672,  June  6, 1900   1184 

31  Stat.  745,  January  31, 1901   1213 

31  Stat.  790,  February  15,  1901   1192 

31  Stat.  848,  March  1, 1901   1010 

31  Stat.  895,  March  2,  1901   1053 

31  Stat.  952,  March  2, 1901   974 

31  Stat.  900,  p.  997,  March  3,  1901   809 

31  Stat.  900,  p.  1003,  March  3,  1901   1038 

31  Stat.  1093,  March  3,  1901   975 

31  Stat.  1133,  pp.  1160,  1161,  March  3,  1901.. . .  1095 

31  Stat.  1430,  March  3,  1901   1352 

32  Stat.  120,  April  28,  1902   809 

32  Stat.  245,  pp.  263,  266,  May  27,  1902   1010 


Page. 


32  Stat.  388,  Jtinn  17,  1902   1389 

32  Stat.  419,  p.  454,  Juno  28,  1902   1095 

32  Stat.  500,  Jtaio  30,  1902   1011 

32  Stat.  6;}1,  July  1,  1902   806 

32  Stat.  041,  p.  642,  July  1,  1902   1013 

32  Stat.  697,  July  1,  1902   1053 

32  Stat.  710,  July  1,  1902   1015 

32  Stat.  744,  Juno  19,  1902   976 

32  Stat.  797,  February  5,  1903   814 

32  Stat.  825,  February  12,  1903   1048 

32  Stat.  854,  February  25,  1903    810 

32  Stat.  982,  March  3,  1903   976 

32  Stat.  1083,  pp.  1117,  1118,  March  3,  1903....  1095 

33  Stat.  15,  February  18,  1904   826 

33  Stat.  65,  March  11,  1904   1069 

33  Stat.  85,  March  18,  1904   810 

33  Stat.  151,  March  25, 1904   977 

33  Stat.  189,  April  21,  1904   1018 

33  Stat.  243,  April  22,  1904   1187 

33  Stat.  302,  p.  303,  April  23,  1904    977 

33  Stat.  352,  p.  360,  April  27,  1904    978 

33  Stat.  394,  April  27,  1904   826 

33  Stat.  452,  pp.  484,  486,  April  28,  1904   1095 

33  Stat.  525,  April  28,  1904    783 

33  Stat.  544,  April  28,  1904   1020 

33  Stat.  545,  April  28,  1904   505 

33  Stat.  556,  April  28,  1904   1231 

33  Stat.  595,  p.  596,  December  21,  1904   978 

33  Stat.  602,  January  5,  1905   826 

33  Stat.  628,  February  1,  1905   1192 

33  Stat.  631,  March  3,  1905   810 

33  Stat.  689,  February  6,  1905   1053 

33  Stat.  706,  February  8,  1905   1333 

33  Stat.  452,  p.  484,  April  28,  1904   1095 

33  Stat.  1016,  March  3,  1905   979 

33  Stat.  1048,  March  3,  1905   1021 

33  Stat.  1156,  March  3,  1905   826 

33  Stat.  1150,  pp.  1185,  1187,  March  3,  1905.. . .  1095 

34  Stat.  23,  February  26, 1906   1067 

34  Stat.  80,  March  22,  1906   970 

34  Stat.  88,  March  27,  1906   1095 

34  Stat.  89,  March  27,  1906   1096 

34  Stat.  137,  April  26,  1900   1023 

34  Stat.  233,  June  11,  1906   1187 

34  Stat.  267,  June  16,  1906   1298 

34  Stat.  325,  June  21,  1906   1025 

34  Stat.  313,  June  20,  1906   1096 

34  Stat.  389,  June  22, 1906    810 

34  Stat.  517,  Chap.  3554,  June  27,  1906   1098 

34  Stat.  517,  Chap.  3555,  June  27,  1900   1300 

34  Stat.  539,  June  28,  1906   1026 

34  Stat.  584,  June  29,  1906   1070 

34  Stat.  697,  June  30, 1906   826 

34  Stat.  679,  pp.  725,  727,  June  30,  1906   1095 

34  Stat.  935,  February  26, 1907. . . .».   810 

34  Stat.  1001,  February  27,  1907   944 

34  Stat.  1015,  March  1,  1907   980 

34  Stat.  1295,  pp.  1334,  1336,  March  4,  1907.. . .  1095 

34  Stat.  1295,  p.  1335,  March  4,  1907   827 

34  Stat.  1408,  March  4,  1907   1231 

34  Stat.  3208,  3212,  June  2,  1906    981 

35  Stat.  48,  March  26,  1908   1233 

35  Stat.  184,  May  22,  1908   811 

35  Stat.  312,  May  27,  1908   1027 

35  Stat.  317,  pp.  348,  349,  May  27,  1908   827 

35  Stat.  444,  May  29,  1908   1028 

35  Stat.  460,  May  29,  1908   983 


1404  STATUTES  AT  LAEGE  COMPILED  AND  ANNOTATED. 


Page. 

35  Stat.  465,  May  29,  1908   983 

35  Stat.  556,  May  30,  1908   918 

35  Stat.  558,  May  30, 1908   984 

35  Stat.  645,  February  24,  1909   1234 

35  Stat.  650,  February  25,  1909   980 

35  Stat.  778,  March  3, 1909   1028 

35  Stat.  781 ,  March  3,  1909   1028 

35  Stat.  844,  March  3, 1909   812 

35  Stat,  945,  pp.  987,  988,  March  4, 1909   1095 

35  Stat.  945,  March  4, 1909   811,827 

35  Stat.  317,  p.  348,  May  27, 1908   1095 

35  Stat.  1088,  March  4, 1909   1352 

36  Stat.  1,  July  2, 1909   931 

36  Stat.  227,  February  25,  1910   931 

36  Stat.  295,  April  12, 1910   1300 

36  Stat.  296,  April  12, 1910   1073 

36  Stat.  369,  May  16, 1910   816 

36  Stat.  440,  May  27, 1910   985 

36  Stat.  448,  May  30,  1910   986 

36Stat.  455,  June  1,1910   1029 

36  Stat.  459,  June  7, 1910   503 

36  Stat.  459,  Chap.  267,  June  7, 1910   1305 

36  Stat.  557,  June  20, 1910   1301 

36  Stat.  583,  June  22, 1910   816 

36  Stat.  676,  p.  699,  June  25,  1910   920 

36  Stat.  703,  p.  742,  June  25,  1910   921 

36  Stat.  703,  pp.  741,  743,  June  25,  1910   1095 

36  Stat.  847,  June  25,  1910   1390 

36  Stat.  847,  Chap.  420,  June  25, 1910   1303 

36  Stat.  892,  January  12, 1911   1306 

36  Stat.  961,  March  1,1911   1303 

36  Stat.  1015,  March  2, 1911   1048 

36  Stat.  1058,  March  3, 1911   987 

36  Stat.  1080,  March  3, 1911   962 

36  Stat.  1349,  Chap.  254,  March  4, 1911   824 

36  Stat.  1349,  Chap.  255,  March  4, 1911   1300 

36  Stat.  1350,  March  4, 1911   1307 


Page. 


36  Stat.  1363,  p.  1418,  March  3, 1911   922 

36  Stat.  1363,  pp.  1416, 1418, 1419,  March  4, 1911  1095 

37  Stat.  67,  Febmary  19, 1912   1032 

37Stat.  74,  March  11, 1912   920 

37  Stat.  78,  April  5, 1912   1035 

37  Stat.  86,  Apri  118,1912   988 

37  Stat.  90,  April  23, 1912   822 

37  Stat.  105,  April  30, 1912   823 

37  Stat.  328,  August  22,  1912   825 

37  Stat.  417,  pp.  456,  457,  August  24, 1912   1095 

37  Stat.  417,  p.  458,  August  24, 1912   923 

37  Stat.  496,  August  24,  1912   1049 

37  Stat.  497,  August  24, 1912   1393 

37  Stat.  518,  p.  531,  August  24, 1912   1036 

37  Stat.  518,  p.  534,  August  24, 1912   1035 

37  Stat.  595,  pp.  609,  August  26,  1912   924 

37  Stat.  631,  April  3, 1912   1031 

37  Stat,  630,  March  14, 1912   825 

37  Stat.  631,  p.  634,  April  3, 1912   1031 

37  Stat.  681 ,  February  25, 1913   817 

37  Stat.  687,  February  27, 1913   1050 

37  Stat.  866,  p.  886,  March  4, 1913   924 

37  Stat.  ( Part  2)  1346,  August  1 , 1912   828 

38  Stat.  4,  pp.  46,  47,  June  23, 1913   1095 

38  Stat.  4,  p.  48,  June  23, 1913   927 

38  Stat.  235,  December  1 , 1913   288 

39  Stat.  251,  December  22, 1913   926 

39  Stat.  305,  March  12, 1914   864 

39  Stat.  509,  July  17, 1914   1051 

39  Stat.  510,  July  17, 1914   930 

39  Stat.  609,  p.  646,  August  1, 1914   928 

39  Stat.  681,  August  3, 1914   1030 

39  Stat.  692,  August  15, 1914   1097 

39  Stat.  699,  Chap.  264,  August  22, 1914   1183 

39  Stat.  704,  Chap.  269,  August  22, 1914   958 

39  Stat.  708,  August  25, 1914   1049 

39  Stat.  741 ,  October  20, 1914   892 


LIST  OF  SECTIONS  OF  REVISED  STATUTES  CITED. 


Section.  Pago . 

452    27 

2275   1222,1301,1302 

2276   1222,1301,1302 

2286   1222 

2291   870 

2292    870 

2301   994,964 

2304    983,1185 

2305    870,983,1185 

2306   962 

2318   16, 292, 672, 684, 1093, 1275, 1368 

2319    2,5, 165,637,685, 1153, 1360, 1368 

2320   168,509,515,557,561,653 

2322    22, 25, 58, 430, 586, 590, 684, 702, 1359 

2323    5,16,279,283,292,436,1368 

2324 ....  21, 122, 162, 350, 382, 406, 552, 642, 684, 702, 901 
2325   5,16,122, 

165, 178, 454, 476, 552, 553, 879, 974, 1011, 1023 

2326           2, 112, 178, 254, 290, 379, 385, 703, 831, 879, 974 

2327   49 

2329    35,94,540,673,706,1048 

2330   39,541,706,1048 

2331   515,684,1048 


Section.  Page. 

2332   236,355,373,442,1048 

2333   95, 372, 485, 489, 523, 715, 1048 

2335    503 

2336   132,145 

2337   331,611 

2339    642,658,659,872,1165,1228 

2340    613,617,659 

2341   639 

2347    757, 776, 777, 782, 785, 887, 889, 890, 1227 

2348    766,778,785 

2350    738,762,766 

2352   1093 

2357   731 

2386    25,790,1372,1379 

2387  •   867 

2392    5, 16, 165, 292, 1358, 1363, 1378, 1379, 1382 

2401   868 

2455   1222 

2479   1291,1301 

2461   1329,1350 

5392   879 

5393   879 


1405 


LIST  OF  STATUTES  AT  LARGE  CITED. 


statute  at  Large.  Page. 

1  Stat.  464    850,1196,1197 

2  Stat.  391   1240 

2  Stat.  662   1207 

3  Stat.  211   1206 

3  Stat.  489   795 

4  Stat.  364   1210 

4  Stat.  472   909 

4  Stat.  686   1244 

5  Stat.  453    638, 725, 833, 1291, 1301 

5  Stat.  454,  p.  455   1296, 1298 

9  Stat.  56   1256,1264 

9  Stat.  146   1086 

9  Stat.  519   1291, 1296, 1299, 1301 

10  Stat.  5   1264 

10  Stat.  28   1188,1223 

10  Stat.  30   1205 

10  Stat.  244   1091, 1202, 1376 

10  Stat.  308   1209,1273 

10  Stat.  309   1296 

11  Stat.  17   1265 

11  Stat.  18   1231 

11  Stat.  119    857,858 

11  Stat.  186   1207 

11  Stat.  195   1229 

11  Stat.  334   1210 

11  Stat.  383   1269 

12  Stat.  392   1090 

12  Stat.  409   1202 

12  Stat.  489   1107, 1109, 1110, 1111, 1122 

12  Stat.  492   1110 

12  Stat.  503   1277,1284,1301 

12  Stat.  836   690 

12  Stat.  887   1208 

13  Stat.  35   1090 

13  Stat.  47   1207 

13  Stat.  343   724,725,791,1354 

13  Stat.  356    726, 787, 1108, 1109, 1110, 1111 

13  Stat.  365    791, 1126, 1148, 1155, 1180, 1181 

13  Stat.  520   1275 

13  Stat.  526   1230 

13  Stat.  529   724,786,787,1110,1354 

13  Stat.  567   1271 

14  Stat.  83   1108,1109 

14  Stat.  85   1 

14  Stat.  94   1108,1109 

14  Stat.  208   1277,1284 

14  Stat.  239   1108,1109 

14  Stat.  251    1,11,50,55,59, 


85,  118,  119,  128,  163,413,415,506,592,  609, 
610,612,616,617,618,629,672,675,  676,  685, 
686, 687, 692, 693, 695, 696, 699, 702, 703,  704, 
708, 715, 721,725, 1121, 1261, 1308, 1363, 1373 

1406 


statute  at  Large.  Page. 

14  Stat.  292   1108,1109 

14  Stat.  294   1231 

14  Stat.  541   1278 

14  Stat.  548   1108,1109 

15  Stat.  57   1378 

15  Stat.  67   1277 

16  Stat.  149   1159 

16  Stat.  217   1,541, 

542, 556, 622, 629, 655, 657, 658, 660, 669, 
685, 707,  708, 715, 1108, 1109, 1230, 1257 

17  Stat.  48   857 

17  Stat.  49   1238 

17  Stat.  91   1,11,50,59, 


61, 64, 83, 85, 100, 119, 128, 142, 147, 150, 163, 
214, 281, 526, 541, 542, 554, 587, 592, 629, 635, 
644, 645, 646, 647, 649, 651, 653, 663, 664, 666, 


669,673,675,  688,  689,  790,  1093,  1094, 1309 

17  Stat.  226   977 

17  Stat.  465    689 

17  Stat.  607   1, 655, 724, 725, 730, 1217, 1278 

17  Stat.  640    640 

18  Stat.  15   1327 

18  Stat.  36    954 

18  Stat.  61   282 

18  Stat.  315   165,176,282 

18  Stat.  474   1284 

19  Stat.  221   1273,1281 

19  Stat.  254    957 

19  Stat.  377    947, 948, 949, 1222 

19  Stat.  665   1282,1284 

20  Stat.  88   1324,1351 

20  Stat.  89   977, 1217, 1328, 1329, 1333, 1338 

20  Stat.  113   1222 

21  Stat.  61   283,426,583,584 

21  Stat.  140   725 

21  Stat.  199,  pp.  273,274)   989,998,999 

21  Stat.  287   1233 

21  Stat.  505    454,496,500,831 

22  Stat.  49   502,584 

22  Stat.  178   749 

22  Stat.  349   972,973 

22  Stat.  487   823,1217,1249 

23  Stat.  24    618,872,887,890 

23  Stat.  103   1161 

23  Stat.  104   1330 

24  Stat.  388  ,  996,1101 

24  Stat.  556   1231 

25  Stat.  123    962 

25  Stat.  133   998 

25  Stat.  496  ,   1232 

25  Stat.  893   1379 

26  Stat.  110   922 


LIST  OF- STATUTES  AT  LARGE  CITED. 


1407 


Statute  at  Large.  Page. 

2G  Stat.  222   1300 

26  Stat.  371,  p.  391   1226 

26  Stat.  502    869 

26  Stat.  796   836,837 

26  Stat.  1093    871,1222,1311,1351,1352 

26  Stat.  1094   922 

26  Stat.  1095    611,618,620,835,839, 

867, 868,869,949, 1164, 1191, 1328, 1329,  i;}51 

26  Stat.  1095,  p.  1097    835 

26  Stat.  1095,  p.  1099   867 

26  Stat.  1095,  p.  1100   868,869 

26  Stat.  1095,  p.  1101   620,1191 

26  Stat.  1095,  p.  1103   1164 

27  Stat.  61   973 

27  Stat.  62   970,971 

27  Stat.  348..   518, 

521, 1152, 1161, 1217, 1311, 1314, 1351 
27  Stat.  612,  p.  640   972 

27  Stat.  612,  p.  642    9G4 

28  Stat.  6   285 

28  Stat.  107   1289 

28  Stat.  114   286 

28  Stat.  222   977 

28  Stat.  372    816,1049 

28  Stat.  394   1302,1303 

28  Stat.  422   951 

28  Stat.  423    851,853 

28  Stat.  635   1191 

28  Stat.  683   1100, 

1126, 1127, 1156, 1157, 1158, 1165, 1181, 1182 

28  Stat.  687   1098 

28  Stat.  876,  p.  894   975 

28  Stat.  876,  pp.  894-899   1186 

28  Stat.  907   1002 

28  Stat.  1227   873 

29  Stat.  9   968 

29  Stat.  321,  p.  353   1001 

29  Stat.  526   1333 

30  Stat.  11,  p.  36   998, 1158, 1226, 1331 

30  Stat.  62,  p.  72   1000 

30  Stat.  62,  p.  87   976,998 

30  Stat.  90   988 

30  Stat.  101   869 

30  Stat.  215   898 

30  Stat.  409   432, 862, 863, 868, 869, 871, 874 

30  Stat.  409,  p.  411   862 

30  Stat.  409,  p.  412   862 

30  Stat.  409,  p.  413   432,871,874 

30  Stat.  409,  p.  414   869 

30  Stat.  409,  p.  415   885 

30  Stat.  494   1028 

30  Stat.  597,  p.  620   1123 

30  Stat.  651   287 

30  Stat.  993   1151,1154,1158 

30  Stat.  993,  p.  994   1115 

30  Stat.  1253,  p.  1262   909 

30  Stat.  1253,  p.  1263    910 

30  Stat.  1336    910 

31  Stat.  321   884 

31  Stat.  321,  pp.  327,  328    900,901 

31  Stat.  321,  p.  329   871 

31  Stat.  321,  p.  330    863, 864, 874 


Statute  at  Lar^c.  Page. 

31  Stat.  321,  p.  331   910 

31  Stat.  321,  pp.  383,391   909 

31  Stat.  321,  p.  411   909 

31  Stat.  321,  p.  475   94 

31  Stat.  321,  p.  509    871 

31  Stnt.  321,p.  522   903 

31  Stat.  321,  pp.  522, 534 ,'535   903, 901, 905 

31  Stat.  321,  pp.  536,  537   906,907 

31  Stat.  658   725,726,784,888,889 

31  Stat.  672,  p.  676   975 

31  Stat.  745   1281 

31  Stat.  847   983 

31  Stat.  871   1012 

32  Stat.  245   1022,1023 

32  Stat.  263   1022 

32  Stat.  388   741, 810, 1049, 1333 

32  Stat.  653   1019, 1020, 1025 

32  Stat.  653,  p.  655   1020 

32  Stat.  744   1011 

32  Stat.  947   907 

32  Stat.  1028   870 

32  Stat.  1975   975,1186 

33  Stat.  424   890 

33  Stat.  525    725, 

726, 729, 769, 782, 886, 888, 889 

33  Stat.  545   505 

33  Stat.  5G0   862 

33  Stat.  813   1231 

33  Stat.  1016,  p.  1021   980,981,982 

34  Stat.  137   1018, 1027, 1028 

34  Stat.  192   86i 

34  Stat.  319   1023 

34  Stat.  543   988 

34  Stat.  1001   936 

34  Stat.  1243   877,879 

34  Stat.  3208   980 

35  Stat.  48  :   1219 

35  Stat.  102   899 

35  Stat.  556   920 

35  Stat.  598   898 

35  Stat.  844    817, 818, 819, 821, 950, 1233, 1392 

35  Stat.  2148   911,912 

35  Stat.  2149   912 

35  Stat.  2152   913 

35  Stat.  2153   913 

36  Stat.  227   931 

36  Stat.  354   1184 

36  Stat.  455   1030, 1032 

36  Stat.  459   428,879 

36  Stat.  583   813, 

822, 823, 824, 999, 1238, 1391, 1392, 1393 

36  Stat.  742   917 

36  Stat.  847    813,818,819,821,878, 1393,1394 

36  Stat.  848   880,883 

36  Stat.  851   883 

37  Stat.  67   1035 

37  Stat.  105    818,821,871 

37  Stat.  242   875 

37  Stat.  497   1394 

37  Stat.  512    861,902 

37  Stat.  736   920 

38  Stat.  235    288 


TABLE  OF  CASES. 


A. 

Abercrombie,  In  re,  6  L.  D.  393.... 34, 438, 746, 747, 841, 1356. 

Abbey  Dodge,  In  re,  223  U.  S.  166,  32  S.  Ct.  310,  56  L.  ed.,  390. . .  .1097. 

Ackert,  In  re,  17  L.  D.  268. . .  .727,  754,  758,  768,  776,  777,  780. 

Acme  Cement  &  Plaster  Co.,  In  re,  31  L.  D.  125. . .  .1186. 

Adams,  In  re,  42  L.  D.  456. . .  .165, 174, 283. 

Adams  v.  Church,  193  U.  S.  510,  24  S.  Ct.,  512. . .  .1321. 

Adams  v,  Kellogg,  33  L.  D.  30. . .  .59,310,329. 

Adams  v.  Polglase,  32  L.  D .  477. . .  .59, 329, 335, 344, 439. 

Adams  v.  Quijada,  25  L.  D .  24. . .  .369, 524, 594. 

Adams  v.  Reed,  11  Utah  480,  40  Pac.  720. . .  .1000, 1101. 1104. 

Adams  v.  Simmons,  16  L.  D.  181.... 317, 607. 

Adams  Lode,  In  re,  16  L.  D.  233. . .  .327, 328, 339. 

Adelaide  Consol.  Silver  Min.,  etc.,  Co.  v.  Gallagher,  6  C.  L.  O.  63,Copp's  Min.  Lands  245  159,  475,  592. 

Adverse  Claims,  In  re,  Copp's  Min.  Lands,  272  471. 

Ah  Kle  V.  McLean,  3  Idaho  528,  26  Pac.  937. . .  .123. 
Ah  Yew  V.  Choate,  24  Cal.  562. . .  .510. 
Aitken,  In  re.  See  Bell  v.  Aitken. 
Aitkins  v.  Hendree,  1  Idaho  95  282, 695. 

Ajax  Gold  Min.  Co.  v.  Hilkey,  31  Colo.  131, 102  Am.  St.  23,  72  Pac.  447,  62  L.  R.  A.  555,  22  Morr.  585. .  .130. 
Alabama,  In  re,  6  L.  D.  493,  15  C.  L.  0.7...  .2, 3, 638, 639, 685, 688, 725, 726, 742, 786, 787, 788, 793, 794, 795, 799, 

1080, 1083, 1201, 1202, 1128, 1248, 1249, 1250, 1 251,  1259, 1260, 1261, 1262, 1280. 
Alabama,  In  re,  21  L.  D.  320.  - .  .1194, 1196, 1239, 1245, 1246, 1248, 1298. 
Alabama,  In  re,  11  C.  L.  O.  276. . .  .799. 

Alabama  Quartz  Mine,  In  re,  14  L.  D.  563  322,439. 

Alameda  Oil  Co.  v.  Kelly,  35  Okla.  525,  130  Pac.  931. . .  .1016. 
Alaska  Coal  Lands,  In  re,  39  L.  D.  327. . .  .1227. 

Alaska  Copper  Co.,  In  re,  32  L.  D.  128. . .  .594, 599, 600, 602, 603, 605, 606, 864, 874. 

Alaska  Exploration  Co.  v.  Northern  Min.,  etc.,  Co.,  152  Fed.  145,  81  C.  C.  A.  363. . .  .873. 

Alaska  Gold  Min.  Co.  v.  Barbridge,  1  Alaska  311  13. 

Alaska  Mildred  Gold  Min.  Co.,  In  re,  42  L.  D.  255. . .  .600, 602, 603, 604,  863, 864, 874. 
Alaskan  Coal  Lands,  In  re,  27  Op.  Atty.  Gen.  412-. . .  .765, 769, 778, 782, 784, 785, 878, 891, 892. 
Alaskan  Coal  Lands,  In  re,  28  Op.  Atty.  Gen.  448. . .  .729,  751,  785. 
Alaska  Placer  Claim,  In  re,  34  L.  D.  40. . .  .302,  855. 

Albemarle  and  Other  Lode  Min.  Claims,  In  re,  30  L.  D.  74  321,  357,  381. 

Albion  Consol.  Min.  Co.,  In  re,  4  L.  D.  376,  12  C.  L.  O.  298. . .  .292,  474. 
Aldebaran  Min.  Co.,  In  re,  36  L.  D,  551. . . .  170,  283,  346,  348,  350,  351,  352. 
Alexander  v,  Sherman,  2  Ariz.  326. . .  .32,  93. 

Alford  V.  Bamum,  45  Cal.  482,  10  Morr.  422. . .  .5,  17, 414, 745, 1102, 1110, 1122. 

Alger  Lode,  In  re,  Copp's  Min.  Lands,  84  668. 

Alice  Edith  Lode,  In  re,  6  L.  D.  711.... 244, 349. 

Alice  Lode  Min.  Claim,  In  re,  30  L.  D.  481. . .  .86,87,305,325. 

Alice  Min.  Co.,  In  re,  27  L.  D.  661. . .  .567,572. 

Alice  Placer  v,  Addie  Stevens  &  Lazy  Bill  Lodes,  3  Brainard's  Leg.  Prec.  242    451,464,497,831. 

Alice  Placer  Mine,  In  re,  4  L.  D.  314. . .  .294, 372, 388, 444, 463, 464, 483, 484, 492. 
Alldritt  v.  Northern  Pac.  R.  Co.,  25  L.  D.  349. . .  .8, 17, 1116, 1122, 1154. 
Allen,  In  re,  8  L.  D.  140. . .  .344, 754, 763, 775. 

Allen  V.  Dvmlap,  24  Oreg.  229,  33  Pac.  675. .. .  13, 91, 197, 209, 220, 292, 396, 461. 
Allen  V.  Myers,  1  Alaska,  114. . .  .371, 382, 448, 451, 452, 456, 458, 459, 486. 
Allyn  V.  Schultz,  5  Ariz.  152 ... . 453, 479, 498. 

Alta  Mill  Site,  In  re,  8  L.  D.  195,  16  C.  L.  O.  40. . .  .28, 571, 595, 598, 599, 606, 607. 
Alta  Mill  Site,  In  re,  9  L.  D.  48,  7  Brainard's  Leg.  Prec.  205. . .  .331. 


1408 


TABLE  OF  CASES. 


1409 


Alta  Min.,  etc.,  Co.  v.  Benson  Min.,  etc.,  (^o.  2  Ariz.  .KVi,  16  I'ac.  .565.... 249, 264, 313. 

Altoona  Quicksilver  Min.  Co.  v.  Integral  Quicksilver  Min.  Co.,  114  Cal.  100,  45  Pac.  1047, 18  Morr.  410. . .  .13, 

125, 162, 241, 243, 335, 3S6, 434, 453, 460,  461, 548. 
Amador  Median  Cold.  Min.  Co.  v.  Sout  h  Spring  Hill  Gold  Min.  Co.,  36  Fed.  668,  13  Sawy.  523. . .  .154, 398. 
Ambergris  Min.  Co.  v.  Day,  12  Idaho  108,  85  Pac.  109.... 36, 38, 40, 42, 45, 47, 50, 53, 64, 65, 77, 81, 96, 281. 

American  Antimony  Co.,  In  re,  14  C.  L.  O.  209  243,246,353. 

American  Consol.  Min.  etc.  Co.  v.  De  Witt,  26  L.  D.  580.... 328, 381, 382, 384, 388. 

American  Flag  Gold  Min.  Co.,  In  re.  See  Clark  v.  American  Flag  Gold  Min.  Co. 

American  Hill  Quartz  Mine,  In  re,  5  C.  L.  O.  114....  188, 189,249,250,251,254,256,268,200,404. 

American  Hill  Quartz  Mine,  In  re,  6  C.  L.  O.  2,  Copp's  Min.  Lands  237,  Sickels'  Min.  L.  &  D.  377  185, 

250,391,392,397,415, 797. 
American  Hill  Quartz  Mine,  In  re,  reported  also  as  Smith  v.  Van  Cllef, 
American  Onyx  &  Marble  Co.,  In  re,  42  L.  D.  417.... 242, 546. 

American  Smelting  &  Refming  Co.,  In  re,  39  L.  D.  299.... 51, 294, 329, 393, 513, 531, 540. 
Anchor  v.  Howe,  50  Fed.  366.... 440, 44 1,443, 444, 493, 1170, 1345. 
Anderson,  In  re,  26  L.  D.  575.... 579,  580. 

Anderson  v.  Amador  &  Sacramento  Canal  Co.,  10  L.  D.  572  390,  446,  846. 

Anderson  v.  Anvil  Hydraulic  Co.,  3  Alaska  496.... 251, 262, 267, 269, 271. 
Anderson  v.  Bartels,  7  Colo.  256,  3  Pac.  225.... 385,  411,  1365. 

Anderson  v.  Bassman,  140  Fed.  14  615. 

Anderson  v.  Black,  70  Cal.  226,  11  Pac.  700.... 204,  218. 

Anderson  v.  Byam,  8  L.  D.  388  264,  266. 

Anderson  v.  Caughey,  3  Cal.  App.  22,  84  Pac.  223  197,  235. 

Anderson  v.  United  States,  152  Fed.  87,  81  C.  C.  A.  311.... 1337,  1341,  1342,  1346. 

Anderson  Coal  Co.,  In  re,  41  L.  D.  337. . .  .736,  740,  759. 

Andrew  v.  Stuart,  31  L.  D.  264. . .  .1313,  1316. 

Andromeda  Lode,  13  L.  D .  146 ....  44, 247, 325, 327, 354, 587, 599. 

Ankney  v.  Clark,  148  U.  S.  345,  13  S.  Ct.  617. .  ..1104. 

Antediluvian  Lode  &  Mill  Site,  In  re,  8  L.  D.  602,  7  Brainard's  Leg.  Prec.  162  109,  346,  354,  405,  407, 

416, 1364. 

Anthony,  In  re,  9  C.  L.  O.  164. . .  .488. 

Anthony  v.  Jillson,  83  Cal.  296,  23  Pac.  419, 16  Morr.  26.... 27, 29, 216, 223, 234, 235, 237, 266, 448,  453,  463,  476, 

478, 482,547, 548, 550,552. 
Anthracite  Mesa  Coal  Co.,  In  re,  19  L.  D.  18. . .  .767, 781. 
Anthracite  Mesa  Coal  Min.  Co.,  In  re,  28  L.  D.  551. . .  .848. 
Anthracite  Mesa  Coal  Min.  Co.  v.  United  States,  38  Ct.  of  Claims,  56. . .  .732. 
Anvil  Hydraulic  &  Drainage  Co.  v.  Code,  182  Fed.  205,  105  C.  C.  A.  45. . .  .243,244,246,247,248. 
Apple  Blossom  Placer  v.  Cora  Lee  Lode,  14  L.  D.  641.... 388, 483, 485, 49 1,492, 493. 
Apple  Blossom  Placer  v.  Cora  Lee  Lode,  21  L.  D.  438. . .  .380, 395, 493. 
Argentine  Min.  Co.  v.  Benedict,  18  Utah  183,  55  Pac.  559. . .  .183,271, 375. 

Argentine  Min.  Co.  v.  Terrible  Min.  Co.,  122  U.  S.  478,  7  S.  Ct.  1356. . .  .53, 59, 81, 82, 85, 110, 129, 135, 141, 142, 

144, 147, 150, 151, 155, 156, 480, 591. 
Arglllite  Ornamental  Stone  Co.,  In  re,  29  L.  D.  585  53,280,311,340,578. 

Argonaut  Consol.  Min.,  etc.,  Co.  v.  Turner,  23  Colo.  400,  58  Am.  St.  245,  48  Pac.  685,  58, 136, 151,411. 
Argonaut  Mine,  In  re.  See  Phillips,  In  re. 

Argonaut  Min.  Co.  v.  Kennedy  Min.,  etc.,  Co.,  84  Fed.  1  179. 

Argonaut  Min.  Co.  v.  Kennedy  Min.,  etc.,  Co.,  131  Cal.  15, 82  Am.  St.  317, 63  Pac.  148, 21  Morr.  163. . .  .85, 129, 

138, 646, 647, 651, 664,  666, 667, 686, 688, 697, 700, 703. 
Arizona  v.  Copper  Queen  Min.  Co.,  233  U.  S.  87  98. 

Armstrong  v.  Lower,  6  Colo.  393,  15  Morr.  631. . .  .37, 62, 68, 88, 112, 143, 211, 264, 458, 479, 497. 
Armstrong  v.  Lower,  6  Colo.  581,  15  Morr.  458. . .  .117, 143, 186, 192. 
Arnold,  In  re,  2  L.  D.  758,  10  C.  L.  O.  376.... 361, 362, 363. 
Arnold,  In  re,  24  L.  D.  486. . .  .1288. 

Arnold,  In  re,  2  C.  L.  O.  131,  Copp's  Min.  Lands,  182. . .  .690. 

Arthur  v.  Earle,  21  L.  D.  92. . .  .34, 748, 843. 

Aspen  Consol.  Min.  Co.,  In  re,  22  L.  D.  8. . .  .327, 389. 

Aspen  Consol.  Min.  Co.  v.  Williams,  23  L.  D.  34.... 74, 253, 313, 319, 327, 330, 562, 746, 845. 
Aspen  Consol.  Min.  Co.  v.  Williams,  27  L.  D.  1. . .  .2, 15, 34, 293, 296, 318, 398, 576, 746, 747, 834,  851,  1120, 1356, 
1380. 

Aspen  Min.  &  Smelting  Co.v.  Rucker,  28  Fed.  220  125, 188, 395. 

Aspen  Mountain  Tunnel  Lode,  No.  1,  In  re,  26  L.  D.  81  328,398. 

Atchison  v.  Peterson,  87  U.  S.  (20  Wall.)  507, 22  L.  ed.  214, 1  Morr.  583. . .  .609, 610,  611, 614, 619, 620,  622,  636, 
657. 

Atherton  v.  Fowler,  96  U.  S.  513,  24  L.  ed.  732. ..  .22, 23,52,89, 95,426,539, 1088, 1173, 1174, 1227. 

Atlantic  etc.  R.  Co.,  In  re,  12  L.  D.  116  1136. 

Atoka  Coal  &  Min.  Co.  v.  Adams,  104  Fed.  472. . .  .991,  1008. 


1410 


TABLE  OF  CASES. 


Attorney  General  v.  Granite  Co.,  35  Weekly  Rep.  617 — 1331. 

Attwood  V.  Fricot,  17  Cal.  38,  76  Am.  Dec.  567,  2  Morr.  305       94,  185, 186. 

Auerbach,  In  re,  29  L.  D.  208. . .  .182,  329,  393. 

Aurora  Hill,  etc.,  Min.  Co.  v.  Eighty-Five  Min.  Co.,  34  Fed.  515, 15  Morr.  581. . .  .121,  178,  187, 249, 268, 296, 

397,  831. 

Aurora  Lode  v.  Bulger  Hill  &  Nugget  Gulch  Placer,  23  L.  D.  95. . .  .56,  66,  122,  181,  330,  483,  487,  489,  555, 

556,  557,  563,  565,  567,  570,  571,  574,  872. 
Austin  V.  Luey,21  L.  D.  507.... 1105,  1146,1147. 

Austm  Manhattan  Consol.  Min.  Co.,  In  re,  42  L.  D.  75. . .  .249  349,  351. 
Avery  v.  Smith,  12  L.  D.  550. . .  .317,  786,  798,  801. 
Axiom  Mm.  Co.  v.  Little,  6  S.  Dak.  438,  61  N.  W.  441. . .  .477. 
Axiom  Min.  Co.  v.  White,  10  S.  Dak.  198,  72  N.  W.  462. . .  .246,  258. 

Ayers  v.  Daly,  3  C.  L.  0. 196,  Copp's  Min.  Lands  202,  Sickels'  Min.  L.  &  D.  73. . .  .711,  715,  719,  720. 

B. 

Baca  Claim,  In  re,  6  C.  L.  0. 18. . .  .1077. 

Baca  Float,  In  re,  5  L.  D.  705. . . .  1076. 

Baca  Float,  In  re,  12  L.  D.  676. . . .  1077. 

Baca  Float  No.  3,  In  re,  29  L.  D.  44. ..  .1076,  1077,  1174,  1208. 

Baca  Float  No.  3,  In  re,  30  L.  D.  497. . .  .1076,  1077,  1208. 

Back  V.  Sierra  Nevada  Consol.  Min.  Co.,  46  Fed.  673  457. 

Back  v.  Sierra  Nevada  Mm.  Co.,  2  Idaho  420  (386),  17  Pac.  83. . .  .165,  166,  168,  169,  172,  436,  438,  442,  458. 
Badger  Gold  Mm.,  etc.,  Co.  v.  Stockton  Gold,  etc.,  Min.  Co.,  139  Fed.  838.... 251,  262,  275,  276. 
Bailey,  In  re,  3  L.  D.  386. . .  .308,  598. 

Bailey,  In  re,  11  C.  L.  0  .  277,  3  Brainard's  Leg.  Prec.  43. . .  .594,  598. 

Baker  v.  Butte  City  Water  Co.,  28  Mont.  222,  72  Pac.  617,  104  Am.  St.  683. . .  .212. 

Baker  Fraction  Placer,  In  re,  23  L.  D.  112. . .  .484. 

Bakersfield  &  Fresno  Oil  Co.  v.  Kern  County,  144  Cal.  148,  77  Pac.  892.... 122,  512,  528,  535,  1176. 

Bakke  v.  Latimer,  3  Alaska  95  243,  252,  254,  258,  264. 

Baldwin  Star  Coal  Co.  v.  Qumn,  28  L.  D.  307. . .  .322,  422. 
Ballard  v.  Golob,  34  Colo.  417,  83  Pac.  376. . .  .^71,  275,  278,  375. 
Bailie  v.  Larson,  138  Fed.  177. . .  .120,  166,  170,  171,  608. 
Baltzell,  In  re,  29  L.  D.  333. . .  .580,  830. 
Banks,  In  re,  7  L.  D.  512. ..  .796,  797. 

Banks,  In  re,  8  L.  D.  532,  16  C.  L.  0  .  74. . .  .794,  796,  797,  798,  801,  1218,  1219. 

Barden  v.  Northern  Pac.  R.  Co.,  154  U.  S.  288,  14  S.  Ct.  1030,  38  L.  ed.  992. . .  .7, 295, 318,  417,  815,  1101,  1104, 

1108, 1109,  1112,  1114,  1115,  1119,  il20,  1121,  1122,  1124,  1130,  1133,  1136,  1169,  1183,  1289. 
Barklage  v.  Russell,  29  L.  D.  401. . .  .251,  253,  293,  334,  335,  347,  355,  383,  466,  467,  547,  548,  549,  552. 
Barnes,  In  re,  7  L.  D.  66, 15  C.  L.  O.  147. . .  .324. 
Barnes  v.  Sabron,  10  Nev.  217,  4  Morr.  673. . .  .614,  615,  657,  658,  676. 
Bamhurst  v.  Utah,  30  L.  D.  314. . .  .1289. 
Barnsdall  v.  Owen,  200  Fed.  519. . . .  1016, 1017, 1018. 

Barnsdall  Oil  Co.  v.  Leahy,  195  Fed.  731, 115  C.  C.  A.  521. . .  .993,  994,  1022. 
Barnstetter  v.  Central  Pac.  R.  Co.,  21  L.  D.  464.  ...743,  1101,  1104,  1118. 
Barrett,  In  re.  See  Shonbar  Lode,  In  re. 
Barry  V.  Gamble,  44  U.  S.  (3  How.)  32....  1199. 
Bartlett,  In  re,  32  L.  D.  374. . .  .998. 

Basey  v.  Gallagher,  87  U.  S.  (20  Wall.)  670,  22  L.  ed.  452, 1  Morr.  683. . .  .426, 610,  614,  617,  619,  622,  636,  657. 
Basin  Min.  &  Concentratmg  Co.  v.  White,  22  Mont.  147,  55  Pac.  1049.... 458. 
Bateman,  In  re.  See  Red  W arrior  Lode,  In  re. 
Bates  V.  Chambers,  1  C.  L.  O.  97  343. 

Batterton  v.  Douglas  Min.  Co.,  20  Idaho  760,  120  Pac.  827. . .  .87,  249,  368,  391,  398,  458, 463. 
Baudette  v.  Northern  Pac.  R.  Co.,  29  L.  D.  248. . .  .20,  1122,  1126,  1154. 

Baxter  Mountain  Gold  Mm.  Co.  v.  Patteson,  3  N.  Mex.  179  (Johnson)  (269,  Gildersleeve),  3  Pac.  741..  .123, 
198,  210,  227,  228,  229. 

Bay  V.  Oklahoma  Southern  Gas,  etc.,  Mha.  Co.,  13  Okla.  425,  73  Pac.  936. ...  13,  65,  69,  126,  508,  528,  535,  840, 

843,  975,  976,  1043,  1044,  1045,  1047,  1186,  1187. 
Bay  State  Gold  Mm.  Co.  v.  Trevillion,  10  L.  D.  194, 17  C.  L.  0  .  2...  .442,  470,  490,  606,  607. 
Bay  State  Silver  Mm.  Co.  v.  Brown,  21  Fed.  167. . .  .187,  466,  479,  482,  483. 

Beals  V.  Cone,  27  Colo  473,  62  Pac.  948,  83  Am.  St.  92,  20  Morr.  597. . .  .39,  40,  71,  79,  99,  127,  190,256,258,297, 

398,  399,  424,  523. 

Bean  v.  Morris,  159  Fed.  651. . .  .615,  617. 

Bear  Lake,  etc.,  Irrig.  Co.  v.  Garland,  164  U.  S.  1, 17  S.  Ct.  7. . .  .613,  623.  * 

Bear  River  Extension  Placer  Mine,  In  re.  See  Rablin,  In  re. 

Beatty,  In  re,  2  C.  L.  O.  82. . .  .238,  492. 

Beaudettev.  Northern  Pac.  R.  Co.,  29  L.  D.  248....  1116. 

Beauvais,  In  re,  Copp's  Min.  Dec.  164,  Sickels'  Min.  L.  &  D.  339  674,  707. 

Becharts  v.  Sizer,  12  C.  L.  O.  166. . .  .246, 462, 482,  502,  523,  831. 


TABLE  OF  CASES. 


1411 


Bechtol  V.  Bechtol,  2  Alaska  397. . .  .33,  189,  380,  453,  454,  502. 
Becker,  In  re,  5  C.  L.  O.  51,  Copp's  Min.  Lands  222  599. 

Becker  v.  Central  City,  2  V.  L.  O.  98,  Sickels'  Min.  L.  &  D.  302. . .  .403,  654,  GG8,  1360. 
Becker  v.  Citizens  of  Central  City,  (Aug.  7,  1871). . .  .436. 
Becker  v.  Long,  196  Fed.  721,  117  C.  C.  A.  296. . .  .57. 

Becker  v.  Pugh,  9  Colo.  589,  13  Pac.  906,  15  Morr.  304. . .  .117,  122,  188,  379,  453,  498,  499,  500. 

Becker  v.  Pugh,  17  Colo.  243,  29  Pac.  173. . .  .205. 

Becker  V.  Sears,  1  L.  D.  575,  9  C.  L.  O.  11.... 303,  361,388,410,  566. 

Becker  v.  Sears,  1  L.  D.  577,  9  C.  L.  O.  211. . .  .435,  571. 

Beckner  v.  Coates,  3  C.  L.  O.  18,  Copp's  Min.  Lands  188  29,  376. 

Bedal  V.  St.  Paul,  etc.,  R.  Co.,  29  L.  D.  254.... 850,  1181,  1182,  1230. 
Behrends  v.  Goldsteen,  1  Alaska  518. . .  .69,  77,  88,  291,  373,  375,  433,  441,  873. 
Beik  V.  Nickerson,  29  L.  D.  662. . .  .142, 159,  253,  367,  394. 

Belcher  Consol.  Gold  Min.  Co.  v.  Defarrari,  62  Cal.  160. . .  .189,  238,  246,  251,  254,  259,  269. 
Belden,  In  re,  9  C.  L.  O.  51. . .  .492. 
Belford,  In  re,  2  C.  L.  O.  178. . .  .721,  722. 

Belk  V.  Meagher,  104  U.  S.  279,  26  L.  ed.  735,  1  Morr.  510. . .  .24,  32,  49,  52',  53,  59,  69,  72,  86,  87,  88,  89,  90,  92, 
93, 114, 115, 122, 125, 162, 181, 184, 185, 233,  251, 256, 257,  258,  261, 262, 263, 264, 265, 266, 269,  270,  271,  281, 282, 
311,  333,  465,  495,  496,  548,  549,  551,  698,  701,  704,  722,  1046,  1088,  1089. 

Belk  V.  Meagher,  3  Mont.  65,  1  Morr.  522. . .  .21, 25,  117,  184, 282,  397,  643,  688,  698,  699,  700,  701,  702,  703,  704. 

Bell,  In  re,  39  L.  D .  191 ... .  1220. 

Bell  V.  Aitken,  4  C.  L.  O.  66,  Sickels'  Min.  L.  &  D.  196. . .  .390,  432,  435,  440,  443,  463,  492,  717. 
Bell  V.  Bed  Rock,  etc.,  Min.  Co.,  36  Cal.  214, 1  Morr.  45. . .  .255,  262,  899. 
Belligerent  and  Other  Lode  Min.  Claims,  In  re,  35  L.  D.  22. . .  .55,  60,  64,  84,  86,  106. 
Bellows  &  Champion  Mine,  In  re,  4  C.  L.  O.  17. . .  .836,  840. 
Bellwether  Lode,  In  re,  See  McMurdy  v.  Streeter. 

Benjamin  v.  Southern  Pac.  R.  Co.,  21  L.  D.  387  1139. 

Bennett,  In  re,  3  L.  D.  116,  11  C.  L.  O.  213. . .  .20,  518,  520,  1331. 

Bennett  v.  Harkrader,  158  U.  S.  441, 15  S.  Ct.  863,  39  L.  ed.  1096, 18  Morr.  224. . .  .211, 214, 217,  226,  228,  229, 

232,  445,  452,  872,  873,  874. 
Beimett  v.  Moll,  41  L.  D.  584. . .  .20,  520. 

Benson  Min.,  etc.,  Co.  v.  Alta  Min.,  etc.,  Co.,  145  U.  S.  428, 12  S.  Ct.  877, 36  L.  ed.  762,  17  Morr.  488. . .  .13,  58, 

185,  192,  249,  250,  268,  307,  380,  391,  395,  397,  408,  1325,  1348. 
Berentz  v.  Belmont  Oil  Min.  Co.,  148  Cal.  577,  113  Am.  St.  308,  84  Pac.  47. . .  .179,  519,  1044. 
Bergquist  v.  West  Virginia-Wyommg  Copper  Co.,  18  Wyo.  234, 106  Pac.  673. . .  .57,  87,  89,  92,  111,  114, 150. 

202,  203,  205,  206,  208,  210,  216,  223,  260,  261,  262. 

Bernard  v.  Parmelee,  6  Cal.  App.  537,  92  Pac.  658  13,  460,  470. 

Berry  v.  Cammet,  44  Cal.  347. . .  .476. 

Berry  V.  Central  Pac.  R.  Co.,  15  L.  D.  463.. -.16,  313,  317,  841,  1101,  1102,  1103. 
Berry  v.  Woodburn,  107  Cal.  504, 40  Pac.  802. . .  .55. 
Beveridge  v.  Northern  Pac.  R.  Co.,  36  L.  D.  40. . .  .1155. 
Bevis  V.  Markland,  (C.  C.)  130  Fed.  226. . .  .483,  509,  832. 
Bewick  v.  Muir,  83  Cal.  163,  23  Pac.  389. . . .  179. 

Big  Blackfoot  Milling  Co.  v.  Blue  Bird  Min.  Co.,  19  Mont.  454, 48  Pac.  778. . .  .406, 407. 
Bigelow,  In  re,  20  L.  D.  6. . .  .1318. 

Big  Flat  Gold  Min.  Co.,  In  re,  See  Mountaineer  Min.  Co.,  In  re. 

Big  Flat  Gravel  Min.  Co.,  In  re.  See  Big  Flat  Gravel  Min.  Co.  v.  Big  Flat  Gold  Mm.  Co. 
Big  Flat  Gravpl  Min.  Co.  v.  Big  Flat  Gold  Min.  Co.,  1  L.  D.  562,  9  C.  L.  O.  52. . .  .305,  339. 
Big  Hatchet  Consol.  Min.  Co.  v.  Colvin,  19  Colo,  App.  405,  75  Pac.  605. . .  .83. 
Big  Three  Mm.,  etc.,  Co.  v.  Hamilton,  157  Cal.  130,  107  Pac.  301,  137  Am.  St.  118. . .  .52,  243,  246. 
Biglow  V.  Conradt,  159  Fed.  868,  87  C.  C.  A.  48. . .  .71,  73,  92,  184,  224. 

Biglow  V.  Conradt,  3  Alaska  134  52,  89, 183. 

Billings,  In  re,  Copp's  Min.  Lands  121,  Copp's  Mm.  Dec.  209    690. 

Billings  V.  Aspen  Min.,  etc.,  Co.,  51  Fed.  338,  2  C.  C.  A.  252. . .  .28,  29,  30,  272,  440,  478. 

Billings  V.  Aspen  Min.,  etc.,  Co.,  52  Fed.  250,  3  C.  C.  A.  69  12,  28,  29,  30,  32,  478. 

Bimetallic  Mm.  Co.,  In  re,  15  L.  D.  309. . .  .44,  325,  327, 485. 

Bingham  Amalgamated  Copper  Co.  v.  Ute  Copper  Co.,  (C.  C.)  181  Fed.  748   71,  87,  226,  257. 

Bishop  V.  Baisley,  28  Oreg.  119,  41  Pac.  936. . .  .93,  237,  242,  243,  246,  248,  251,  258,  267,  269,  284,  345,  461,  698. 
Bismark  Mountain  Gold  Min.  Co.  v.  North  Sunbeam  Gold  Min.  Co.,  14  Idaho  516,  95  Pac.  14  197,  199, 

202,  204,  206,  217,  226,  227,  229,  548,  550. 
Black  V.  Elkhorn  Min.  Co.,  163  U.  S.  445,  16  S.  Ct.  1101, 41  L.  ed.  221, 18  Morr.  375. . .  .1,  2,  24,  33,  56,  65,  68, 

113,  114,  123,  126,  136,  236,  240,  250,  255,  256,  259,  260,  262,  266,  273,  307,  374,  431,  466, 484. 
Black  V.  Elkhorn  Min.  Co.,  47  Fed.  600. . .  .33. 

Black  V.  Elkhorn  Min.  Co.,  49  Fed.  549.... 12,  24,  32,  33,  51,  66,  93,  94,  114,  115,  118,  i23,  124,  126,251,333, 

374,  396,  397,  408,  413, 418. 
Black  V.  Elkhorn  Min.  Co.,  52  Fed.  859,  3  C.  C.  A.  312. . .  .33,  122,  124, 127,  163,  188,  403. 
Blackburn  v.  Portland  Gold  Min.  Co.  175  U.  S.  571,  20  S.  Ct.  222,  44  L.  ed.  276....  1,  12,  163,  192,  290,  307, 

371, 385,  431, 453,  454,  455,  456, 457,  458,  459,  548,  615,  621. 


1412 


TABLE  OF  CASES. 


Blackburn  v.  United  States,  5  Ariz.  162,  48  Pac.  904  17,  834. 

Black  Diamond  Lode,  In  re,  22  L.  D.  284  158. 

Black  Lead  Lode  Extension,  In  re,  32  L.  D.  595  245. 

Black  Queen  Lode  v.  Excelsior  No.  1  Lode,  22  L.  D.  343  127,  188,  327,  384,  474. 

Blaine  (Surveyor-General),  In  re,  Copp's  Min.  Lands  115,  Copp's  Min.  Dec.  200   708. 

Blair,  In  re,  33  L.  D.  72. . .  .845,  1172,  1177. 

Blake  v.  Butte  Silver  Min.  Co.,  2  Utah  54,  9  Morr.  503  119,  647,  649,  653,  686,  693,  696,  708,  710. 

Blake  V.  Idaho,  37  L.  D.  26. ...  1292. 
Blake  v.  Toll,  29  L.  D.  413. . .  .833. 
Blinn,  In  re,  40  L.  D.  97. . .  .813,  1227. 

Bluebird  Min.  Co.  v.  Largey,  49  Fed.  289. . .  .36,  37,  47,  48,  105,  146,  149,  161,  163,  326,  385,  411. 

Bluebird  Min.  Co.  v.  Murray,  9  Mont.  468,  23  Pac.  1022. . .  .131,  160. 

Blue  Point  Placer,  In  re.   See  Nevada  Reservoir  Ditch  Co.  v.  Rogers. 

Bly  V.  United  States,  3  Fed.  Cas.  767,  4  Dill.  464. . .  .1349. 

Board  of  Control,  Canal  No.  3,  v.  Torrence,  32  L.  D.  472  1315,  1389,  1390. 

Board  of  Education  v.  Mansfield,  17  S.  Dak.  72, 106  Am.  St.  771,  95  N.  W.  286       295,  417,  421  1370  1373. 

Bobtail  Lode  v.  Caledonia  Gold  Min.  Co.   See  Noonan  v.  Caledonia. 

Bodie  Tunnel  &  Min.  Co.  v.  Bechtel  Consol.  Min.  Co.,  1  L.  D.  584,  8  C.  L.  O.  173  90,  161  167  169  172 

178,  190,  294,  373,  381,  385,  386,  389,  390,  404,  455,  472,  473,  606. 

Bodie  Tunnel  &  Min.  Co.  v.  Bechtel  Consol.  Min.  Co.,  1  L.  D.  593  307,  404, 438. 

Boehener,  In  re,  8  C.  L.  O.  3,  Copp's  Min.  Lands  300. . .  .272, 278. 
Boggs  V.  Merced  Min.  Co.,  14  Cal.  279,  10  Morr.  517. . .  .408,  418,  423,  831. 
Boggs  V.  Mining  Co.   See  Boggs  v.  Merced  Min.  Co. 
Boglino  V.  Giorgetta,  20  Colo.  App.  338,  78  Pac.  612. . .  .613. 
Bohannon  v.  Howe,  2  Idaho  (417)  453,  17  Pac.  583. . .  .703. 
Bolen-Darnell  Coal  Co.  v.  Williams,  164  Fed.  665,  90  C.  C.  A.  481. . .  .807. 

Boles,  In  re,  Copp's  Min.  Lands  82,  Copp's  Min.  Dec.  46  639,  650. 

Bolles  Wooden  Ware  Co.  v.  United  States,  106  U.  S.  432,  1  S.  Ct.  398. . . .  1348. 

Bonanza  Consol.  Min.  Co.  v.  Golden  Head  Min.  Co.,  29  Utah  159,  80  Pac.  736  125, 199,  203,  209,  210,  212 

213,226,229,230,  504. 
Bond  V.  California,  31  L.  D.  34. . .  .1323. 

Bonesell  v.  McNider,  13  L.  D.  286,  18  C.  L.  O.  183. . .  .363,  364,  365. 
Bonner,  In  re,  23  L.  D.  251. . .  .796. 

Bonner  v.  Meikle,  82  Fed.  697,  19  Morr.  83. . .  .37, 42,  67,  68,  97,  122, 150, 160,  174,  204, 439, 448, 464,  1357,  1360, 
1361,  1372. 

Book  V.  Justice  Min.  Co.,  58  Fed.  106,  17  Morr.  617. . .  .27,  36,  37,  39,  42,  45,  50,  55,  56,  61,  63,  67,  68,  71,  73, 
74,  76,  78,  87,  118,  125,  152,  196,  197,  199,  202,  206,  211,  214,  215,  216,  217,  218,  220,  221,  222,223,  225,  226,231^ 
232,235,237,239,241,242,243,245,246,248,255,257,283,345,346,396,440,464,466. 

Borax  Deposits,  In  re,  Copp's  Min.  Lands  100       674,  689. 

Bosphorus  Lode,  In  re.   See  Dardanelles  Min.  Co.  v.  California. 

Boston  Electrical  Gold  Min.  Co.  v.  Eagle  Copper  etc.  Min.  Co.,  Copp's  Min.  Lands  320  434. 

Boston  Hydraulic  Gold  Min.  Co.  v.  Eagle  Copper  etc.  Min.  Co.,  Sickels'  Min.  L.  &  D.  320       387,  390,  472, 

473. 

Boston  &  Montana  Min.  Co.  v.  Montana  Ore  Producing  Co.,  188  U.  S.  632, 23  S.  Ct.  440,  47  L.  ed.  626. . . .  103. 

Boston  &  Montana,  etc.,  Min.  Co.  v.  Montana  Ore  Purchasmg  Co.,  89  Fed.  529, 19  Morr.  480  160. 

Boston  Quicksilver  Mine,  In  re,  4  C.  L.  O.  34,  Sickels'  Mm.  L.  &  D.  330. . .  .387,  390,  473. 

Boucher  v.  Mulver  Hill,  1  Mont.  306, 12  Morr.  350. ...  14. 

Boulder  &  Buffalo  Min.  Co.,  In  re,  7  L.  D.  54, 15  C.  L.  O.  147. . .  .315,  1283. 

Bourquin,  In  re,  27  L.  D.  289. . .  .3,  1289. 

Bowe,  In  re,  15  C.  L.  O.  246. . .  .1283. 

B.  P.  O.  E  Gold  Min.  Co.,  In  re,  29  L.  D.  605  349,  351,  354. 

Bradford,  In  re,  36  L.  D.  61. . .  .580,  830. 

Bradford  v.  Morrison,  212  U.  S.  389,  29  S.  Ct.  349,  53  L.  ed.  564. . .  .118,  122,  123,  124,  128. 
Bradley  v.  Lee,  38  Cal.  362. . .  .195. 

Bradley  v.  Northern  Pac.  R.  Co.,  36  L.  D.  7. . .  .961,  962, 1126. 
Bradley  v.  Northern  Pac.  R.  Co.,  37  L.  D.  410. . .  .961. 
Bradstreet  v.  Rehm,  21  L.  D.  30. . .  .312,  313,  377,  380,  387. 
Brady,  In  re,  26  L.  D.  305. . .  .618,  619,  872. 
Brady  v.  Harris,  29  L.  D.  89. . .  .306,  349, 1363,  1381. 

Brady  v.  Harris,  29  L.  D.  426. . .  .306,  349,  408,  547,  552,  567,  648,  653,  663,  668,  687,  688,  702,  710,  1356,  1381. 
Brady  v.  Husby,  21  Nev.  453,  33  Pac.  801. . .  .203,  209,  229,  231. 

Bramlett  v.  Flick,  23  Mont.  95,  57  Pac.  869,  20  Morr.  103. .. .  182,  198,  206,  230,  233,  257. 

Branagan  v.  Dulaney,  2  L.  D.  744, 11  C.  L.  O.  67. . .  .51,  69,  70,  78,  88,  94,  119,  127,  184,  188,  255,  294,  305,  307, 

310,  326,  327,  333,  373,  381,  384,  390,  400,  401,  410,  462,  464,  481,  483,  484. 
Branagan  v.  Dulaney,  8  Colo.  408,  8  Pac.  669,  13  C.  L.  O.  190. . .  .129,  132,  172,  426,  590,  587,  591,  684. 
Brandt  v.  Wheaton,  52  Colo.  430, 1  Morr.  45. . .  .117, 486. 
Breece  Min.  Co.,  In  re,  3  L.  D.  11, 11  C.  L.  0. 132. . .  .45,  60,  62. 


TABLE  OF  CASES. 


1413 


Breman,  In  re,  2  L.  D.  823  1344,  1349. 

Brennan  v.  Hume,  10  L.  D.  IGO,  17  C.  L.  O.  2  733,  735,  704,  767,  777. 

Bretell  v.  Swift,  14  L.  D.  G97. . .  .302,  3S<),  390. 
Bretell  v.  Swift,  16  L.  D.  178. . .  .356,  301. 
Bretell  V.  Swift,  17  L.  D.  558.... 361,  362,  363,  307. 
Brettell  v.  McMaster,  In  re,  10  C.  L.  O.  306. . .  .470. 

Brewster  v.  Shoemaker,  28  Colo.  176,  63  Pac.  309,  89  Am.  St.  188,  53  L.  R.  A.  793,  21  Morr,  155  72. 

Brick  Pomeroy  Mill  Site,  In  re,  34  L.  D.  320  59,  75,  410,  588,  594,  595,  59(),  000,  002. 

Brien  v.  Moffitt,  35  L.  D.  32. . .  .393,  423,  424,  482,  483,  487,  500,  501. 
Brigham  City  v.  Rich,  34  Utah  130,  97  Pac.  220. . .  .1203,  1294. 

Bright  V.  Elkhorn  Min.  Co.,  8  L.  D.  122,  15  C.  L.  O.  277. . .  .87,  297,  307,  309,  380,  383,  386,  387,  388,  389,  390, 
404, 487. 

Bright  V.  Elkhorn  Min.  Co.,  9  L.  D.  503,  16  C.  L.  O.  187. . .  .309,  383,  389,  487,  585. 
Bright  Point  Mines,  In  re.   See  Thor,  Venus  and  Bright  Point  Mines,  In  re. 

Britton,  In  re,  Copp's  Min.  Lands  122,  Copp's  Min.  Dec.  224  646,  647. 

Broad  v.  Ray,  20  L.  D.  422. . .  .758,  768,  777,  778. 

Broad  Ax  Lode,  In  re,  22  L.  D.  244. . .  .231,  321,  354. 

Brockbank  v.  Albion  Min.  Co.,  29  Utah  367,  81  Pac.  863. . .  .219,  223,  230. 

Broder  v.  Water  Co.,  101  U.  S.  274, 25  L.  ed.  790,  5  Morr.  33. . . .  178,  190,  610,  613,  615,  616,  618,  621,  636,  657, 
658,  1108,  1109. 

Brodie  Reduction  Co.,  In  re.,  29  L.  D.  143  595. 

Brooks,  In  re,  5  C.  L.  0  .  4...  .275, 277,  278. 
Brophy  v.  O'Hare,  34  L.  D.  596.... 315,  1227,  1382. 
Brosnan  v.  Harris,  39  Oreg.  148,  65  Pac.  867. . .  .613,  615. 
Brown  v.  Baker,  39  Oreg.  66,  65  Pac.  799,  66  Pac.  193. . .  .660. 
Brown  v.  Bond,  11  L.  D.  150. . .  .379,  398,  470,  471,  503,  717. 

Brown  v.  Gurney,  201  U.  S.  184,  26  S.  Ct.  509,  50  L.  ed.  717. . .  .51,  128,  261,  397,  424,  465,  481, 494,  495,  496, 
497, 500. 

Brown  v.  Hitchcock,  173  U.  S.  473,  19  S.  Ct.  485,  43  L.  ed.  772. . .  .295. 
Brown  v.  Killabrew,  21  Nev.  437,  33  Pac.  865. . .  .118. 
Brown  v.  Levan,  4  Idaho  794, 46  Pac.  661. . .  .227, 229. 
Brown  v.  Lewis,  1  C.  L.  O.  50. . .  .713,  714. 

Brown  v.  Northern  Pac.  R.  Co.,  31  L.  D.  29. . .  .740,  742,  1115,  1180,  1181. 

Brown  v.  Oregon  King  Min.  Co.,  110  Fed.  728. . .  .218. 

Brown  Bear  Coal  Ass'n,  In  re,  42  L.  D.  320. . .  .748,  749,  750,  759. 

Brownfield  v.  Bier,  15  Mont.  403,  39  Pac.  401. . .  .7,  24,  37,  77,  78,  412,  559,  560,  565,  1363. 
Brownfield  v.  Northern  Pac.  R.  Co.,  16  L.  D.  144. . .  .1122. 
Browning  v.  McGarrahan,  See  Secretary  v.  McGarrahan. 

Brundy  v.  Mayfleld,  15  Mont.  201,  38  Pac.  1067. . .  .254,  255,  272,  277,  279,  373,  381,  445. 
Bruner,  In  re,  4  C.  L.  O.  66. . .  .240. 

Brunswick  Mine  Claimants,  In  re,  3  C.  L.  0. 114,  Copp's  Min.  Lands  197  1386. 

Bryan  v.  McCaig,  10  Colo.  309,  15  Pac.  413. . .  .69,  187,  188,  222,  244,  249,  320,  357,  359,  379,  498,  500. 

Buckley  v.  Gould,  etc.,  Min.  Co.,  14  Fed.  833,  8  Sawy.  395. . .  .242. 

Buena  Vista  Electric  Light  Co.,  In  re,  18  C.  L.  O.  208. . .  .290,  291,  301,  391,  401. 

Buena  Vista  Lode,  In  re,  6  L.  D.  646,  6  Brainard's  Leg.  Prec.  122. . .  .303,  308,  311,  322,  342,  606. 

Buena  Vista  Petroleum  Co.  v.  Tullare  Min.  Co.,  67  Fed.  226. . .  .295. 

Buffalo  Zinc  &  Copper  Co.  v.  Crump,  70  Ark.  525,  69  S.  W.  572,  91  Am.  St.  87,  22  Morr.  276. . .  .39,  41,  44, 

67,  87,  210,  230,  258,  267,  549. 
Bulette  V.  Dodge,  2  Alaska  427. . .  .52,  89,  117,  186,  203. 
BuUard  v.  Flannagan,  11  L.  D.  515, 17  C.  L.  O.  205. . .  .756,  769,  846. 

Bullion,  Beck  &  Champion  Min.  Co.  v.  Eureka  Hill  Min.  Co.,  5  Utah  3, 11  Pac.  515, 15  Morr.  449  43,90,106, 

118,  128,  129,  135,  136,  138,  142,  143,  144,  156,  183,  233,  640,  645,  646,  647,  648,  650,  652,086,693,696,699,705. 

Bullion  Min.  Co.  v.  Croesus  Gold,  etc.,  Min.  Co.,  2  Nev.  168,  178,  5  Morr.  254,  90  Am.  Dec.  526. . .  .103. 

Bullion  Min.  Co.  v.  420  Min.  Co.,  Copp's  Min.  Dec.  219. . .  .663. 

Bullock  V.  Central  Pac.  R.  Co.,  11  L.  D.  590.... 1100,  1103,  1107,  1146,  1374. 

Bullock  Min.  Claims,  In  re,  7  C.  L.  0. 163,  Copp's  Min.  Lands  299  339. 

Bulwer  Consol.  Min.  Co.  v.  Standard  Consol.  Min.  Co.,  83  Cal.  589,  23  Pac.  1102.... 136. 

Bunker  Hill,  etc.,  Min.,  etc.,  Co.  v.  Empire  State,  etc.,  Min.,  etc.,  Co.,  106  Fed.  471. .. .  106, 114, 140, 146, 156. 

Bunker  Hill,  etc.,  Min.,  etc.,  Co.  v.  Empire  State,  etc.,  Min.,  etc.,  Co.,  108  Fed.  189. . .  .128,  149, 157, 198,  205, 
357, 418. 

Bunker  Hill,  etc.,  Min.,  etc.,  Co.  v.  Empire  State,  etc.,  Min.,  etc.,  Co.,  109  Fed.  538, 48  CCA.  665,  21  Morr. 

317- . .  .57,  83,  86,  140,  150,  157,  183,  186,  278,  303,  307,  357,  418,  448,  470,  481. 
Bunker  Hill,  etc.,  Min.,  etc.,  Co.  v.  Empire  State,  etc.,  Min.,  etc.,  Co.,  (C.  C.)  134  Fed.  268. . .  .43,  86, 121, 

147,  156,  158,  182. 

Bunker  Hill,  etc.,  Min.,  etc.,  Co.  v.  Shoshone  Min.  Co.,  109  Fed.  504,  47  C.  C.  A.  200. . .  .456,  457. 
Bunker  Hill,  etc.,  Min.,  etc.,  Co.  v.  Shoshone  Min.  Co.,  33  L.  D.  142.... 79,  109,  121, 139,  136,  147,  159,  160, 
300,  303,  457,  463,  472 


1414 


TABLE  OF  CASES. 


Bunker  Hill,  etc.,  Min.,  etc.,  Co.  v.  United  States,  226  U.  S.  548,33  S.  Ct.  138  839, 843, 1322, 1325, 1326, 1339. 

Bunker  Hill,  etc.,  Min.,  etc.,  Co.  v.  United  States,  178  Fed.  914, 102  C.  C.  A.  292  1325,  1326. 

Bunte,  In  re,  41  L.  D.  520. . .  .79. 

Burdick  v.  Dillon,  144  Fed.  737,  75  C.  C.  A.  603. . .  .915. 

Burfenning  v.  Chicago,  etc.,  R.  Co.,  163  U.  S.  321, 16  S.  Ct.  1018,  41  L.  ed.  175. . .  .296,  420,  421. 
Burgess,  In  re,  24  L.  D.  11.... 748,  750. 

Burke  v.  Bunker  Hill  Min.,  etc.,  Co.,  46  Fed.  644       385,  455,  456,  457,  497,  499. 

Burke  v.  McDonald,  2  Idaho  (310)  339,  13  Pac.  351  37,  73,  92,  114,  184,  310,  450,  451,  459,  462,  500,  659. 

Burke  v.  McDonald,  2  Idaho  (646)  679,  33  Pac.  49. . .  .42,  90,  91,  219,  458,  477,  484,  491,  498,  695. 
Burke  v.  McDonald,  3  Idaho  296,  29  Pac.  98. . .  .74,  75. 

Burke  v.  Southern  Pac.  R.  Co.,  234  U.  S.  699. ..  .270,  1104,  1132,  1133,  1134,  1135, 1136,  1137,  1138. 
Burke  Case,  See  Burke  v.  Southern  Pac.  R.  Co. 
Burkhart,  In  re,  15  C.  L.  O.  38. . .  .741,  1281,  1282. 

Burns  v.  Clark,  133  Cal.  634,  66  Pac.  12,  85  Am.  St.  233,  21  Morr.  489  26,  596,  598. 

Burns  v.  Schonfeld,  1  Cal.  App.  121,  81  Pac.  713. .. .  26,  598. 

Bumside  v.  O'Connor,  29  L,  D.  301  336. 

Bumside  v.  O'Connor,  30  L.  D.  67. . .  .325,  376,  381. 
Burnum,  In  re,  14  L.  D.  292. . .  .796,  798. 
Burrell,  In  re,  29  L.  D.  328. . .  .740,  772,  773. 
Burton,  In  re,  29  L.  D.  235. . . .  167,  373,  379,  384. 
Bush,  In  re,  2  L.  D.  788. . .  .398. 
Bush,  In  re,  11  L.  D.  216, 17  C.  L.  0. 148. . .  .4. 

Bushnell  v.  Crooke  Min.,  etc.,  Co.,  148  U.  S.  682,  13  S.  Ct.  771  119,  456,  457. 

Butler  V.  Good  Enough  Min.  Co.,  1  Alaska  246. . .  .189,  200,  220,  226,  230,  899,  901. 

Butte  &  Boston  Min.  Co.,  In  re,  21  L.  D.  125. . .  .573. 

Butte  &  Boston  Min.  Co.  v.  Sloan,  16  Mont.  97,  40  Pac.  217. . .  .560,  575. 

Butte  &  Boston  Min.  Co,  v.  Societe  Anonyme  des  Mines  de  Lexington,  23  Mont.  177,  75  Am.  St.  505,  58 

Pac.  511....  109,  135,  147,  152. 
Butte  City  Smokehouse  Lode  Cases,  In  re,  See  Murray  v.  Buol. 

Butte  City  Water  Co.  v.  Baker,  196  U.  S.  119,  25  S.  Ct.  211,  49  L.ed.  409.... 26, 96,  114,  190,  191,  192,212, 
214,  227,  549,  608,  614. 

Butte  Consol.  Min.  Co.  v.  Barker,  35  Mont.  327,  89  Pac.  302,  90  Pac.  177....  167,  174, 199,  205,  206,207,458, 
Butte  Hardware  Co.  v.  Cobban,  13  Mont.  351,  34  Pac.  24. . .  .278,  279,  438. 
Butte  Hardware  Co.  v.  Frank,  25  Mont.  344,  65  Pac.  1. . .  .122,  123,  550. 

Butte  Land  &  Investment  Co.  v.  Merriman,  32  Mont.  402,  80  Pac.  675,  108  Am.  St.  590  464,  484. 

Butte  Oil  Co.,  In  re,  40  L.  D.  602. . .  .520,  1043,  1044,  1045. 

Buttz  V.  Northern  Pac.  R.  Co.,  119  U.  S.  55,  7  S.  Ct.  100....  1105,  1349. 

C. 

Cadierque  v.  Doran,  49  Cal.  356.... 476. 

Cadle,  In  re,  3  L.  D.  173, 10  C.  L.  0. 135. . .  .2,  793,  794. 

Cady  V.  Eighmey,  54  Iowa  615,  7  N.  W.  102. . .  .1199. 

Cain  V.  Addenda  Min.  Co.,  29  L.  D.  62. . .  .253,  286,  334,  335,  336,  383,  388,  439,  462,  486,  549,  552. 
Caldwell  v.  Gold  Bar  Min.  Co.,  24  L.  D.  258. . .  .316,  317. 

Caledonia  Min.  Co.  v.  Rowen,  2  L.  D.  714, 10  C.  L.  O.  307. ..  .12,  16,  33,  510,  531,  624,  625,  627,  639. 
Caledonia  Min.  Co.  v.  Rowen,  2  L.  D.  719  510. 

Calhoun  Gold  Min.  Co.  v.  Ajax  Gold  Min.  Co.,  182  U.  S.  499, 21  S.  Ct.  885, 45  L.  ed.  1200,  21  Morr.  381. . .  .103, 
112, 113,  119,  120,  128,  130,  132, 170,  171,  395,  411,  416,  446,  464,  586,  587,  588,  589,  590,  591,  608,  694. 

Calhoun  Gold  Min.  Co.  v.  Ajax  Gold  Min.  Co.,  27  Colo.  1,  83  Am.  St.  Rep.  17,  59  Pac.  607,  50  L.  R.  A.  209, 
20  Morr.  192....  120,  128,  129,  132,  136,  143,  149,  166,  167,  171,  263,  417,  479,  587,589,  590,  591,  608,  629,  693, 
705. 

California,  In  re,  15  L.  D.  10. . .  .838. 

California,  In  re,  22  L.  D.  294. . .  .3. 

California,  In  re,  22  L.  D.  402. . .  .1260,  1261,  1262, 1263. 

California,  In  re,  23  L.  D.  423. . .  .838. 

California,  In  re,  31  L.  D.  335. . .  .838. 

California,  In  re,  37  L.  D.  499. . .  .815. 

California,  In  re,  40  L.  D.  301. . .  .1285,  1392. 

California,  In  re,  41  L.  D.  592. . .  .1134,  1262,  1392,  1393. 

California,  In  re,  Copp's  Min.  Lands  224,  Sickels'  Min.  L,  &  D.  436. . .  .1091,  1259,  1260,  1261,  1262. 
California,  In  re,  Copp's  Min.  Lands  340. . .  .655,  686,  689,  787,  1259. 
California  v.  Bodie  &  Mono  Min.  Co.,  6  C.  L.  0. 175. . .  .852. 

California  v.  Dardanelles,  Copp's  Min.  Lands  97,  Copp's  Min.  Dec.  160  717. 

California  v.  Moore,  See  State  v.  Moore. 

California  v.  Foley,  4  C.  L.  0. 18,  Copp's  Min.  Lands  212,  Copp's  Min.  Dec.  109. . .  .1091,  1260,  1261,  1263. 
California  Oil  &  Gas  Co.  v.  Miller,  96  Fed.  12. . .  .448,  452,  456,  457. 
California,  etc.,  R.  Co..  In  re,  16  L.  D.  262....  1131. 


TABLE  OF  CASES. 


1415 


Callahan  v.  James,  141  Cal.  291, 74  Pac.  853. . .  .2,  12,  258,  517, 13()7,  1368. 

Camden,  In  re,  Copp's  Min.  Dec.  24,  Sickels'  Min.  L.  &  D.  467       639,  G44,  658. 

Cameron  I.odo,  In  re,  13  L.  D.  369,  18  C.  L.  O.  160.... 297,  575,  702,  1359,  1369,  1371,  1372,  1373. 
Campbell,  In  re,  4  C.  L.  O.  35. . .  .280,  338. 

Campbell,  In  re,  4  C.  L.  0. 102,  Copp's  Min.  Lands  220.... 79,  118,  166,  177,  214,  311. 

Campbell  v.  Ellet,  16Z  U.  S.  116, 17  S.  Ct.  765,  42  L.  od.  101, 18  Morr.  669.  .119, 166, 169,  171,  173,  174,  175,  308. 
Campbell  v.  Iron  Silver  Min.  Co.,  56  Fed.  133  568. 

Campbell  v.  Rankin,  99  U.  S.  261,  25  L.  ed.  435,  12  Morr.  257. . .  .117,  186,  212,  701,  703. 
Campbell  v.  Taylor,  3  Utah  325,  3  Pac.  445. . .  .477. 

Camp  Bird  Min.  Claim,  In  re,  See  Adelaide  Consol.  Silver  Min.,  etc.,  Co.,  In  re. 

Cannon,  In  re,  3  C.  L.  0. 18  362,  364. 

Canuck  Lode,  In  re,  22  L.  D.  711. . .  .320,  326,  328,  338. 

Cape  May  Min.,  etc.,  Co.  v.  Wallace,  27  L.  D.  676. . .  .372,  382,  435,  448,  523,  557,  565,  572,  573,  576. 

Capital  No.  5  Placer  Min.  Claim,  In  re,  34  L.  D.  462. . .  .548,  551,  552. 

Capricorn  Placer,  In  re,  10  L.  D.  641, 17  C.  L.  O.  89. . .  .28,  29,  100. 

Cardelli  V.  Comstock  Tunnel  Co.,  26  Nev.  284. . .  .1386, 1387. 

Cardoner  V.  Stanley  Consol.  Min., etc.,  Co.,  (C.  C.)  193  Fed.  517.... 91, 201, 232. 

Caribou  Lode,  In  re,  24  L.  D.  488  7,846. 

Carleton,  In  re.   See  San  Rita  del  Cobre  Mine,  In  re. 

Carmack  Gold,  etc.,  Co.,  In  re,  (Unreported)  July  28,  1909. . .  .368. 

Carney  v.  Arizona  Gold  Min.  Co.,  65  Cal.  40,  2  Pac.  734. . .  .178, 266, 285, 508, 522. 

Carretto  and  Other  Lode  Claims,  In  re,  35  L.  D.  361 .. .  .283, 346, 349,351, 352. 

Carrie  S.  Gold  Min.  Co.,  In  re,  29  L.  D.  287. . .  .325,  486. 

Carron  v.  Curtis,  3  C.  L,  O.  130. . .  .625. 

Carron  v.  Curtis,  5  C.  L.  O.  3,  Sickels,  Min.  L.  &  D.  447,  Copp's  Min.  Lands  265. . .  .624,  625. 
Carson  v,  Gentner,  33  Oreg.  512,  52  Pac.  506. . .  .610,  613,  657,  660. 
Carson  v.  Hayes,  39  Oreg.  97,  65  Pac.  814.... 611,  940. 

Carson  City  Gold,etc.,Min.  Co.  v.  North  Star  Min.  Co.,  73  Fed.  597. . .  .54,  85,  94,  108, 131, 145, 153,  295,  409, 
415,418,419,651. 

Carson  City  Gold,  etc.,  Min.  Co.  v.  North  Star  Min.  Co.,  83  Fed.  658,28C.C.  A.  333, 19  Morr.  118.... 63, 83, 

121, 128, 134,  154,  180,  323,  402,  406,  413,  414,  417,  425,  651,  662. 
Carter  v.  Bacigalupi,  83  Cal.  188  ,  23  Pac.  361. . .  .197,  199,  204,  223,  229,  230,  358. 
Carter  v.  Thompson,  65  Fed.  329,  18  Morr.  134. . .  .295, 1373. 

Carthage  Fuel  Co.,  In  re,  41  L.  D.  21. . .  .725,  727,  736,  752,  755,  756,  757,  758,  759,  761,  762,  763  ,  764,  765,  778, 
852. 

Carton  v.  Lewisohn,  23  L.  D.  20. . .  .295,  430,  454,  473,  491. 
Cascade  Lode,  In  re,  Copp's  Min.  Lands  135  713. 

Cascaden  v.  Bartolis,  162  Fed.  267,  89  C.  C.  A.  247. . .  .10, 23, 68, 73, 75, 77, 78, 95, 184, 186, 198, 424, 440, 510, 899. 

Cascaden  v.  Dunbar,  2  Alaska  408       55, 122, 125,  278. 

Cascaden  v.  Wimbish,  161  Fed.  241,  88  C.  C.  A.  277. . .  .884. 
Casey  v.  Northern  Pac.  R.  Co.,  15  L.  D.  439....  11 15, 1122. 

Casey  v.  Thieviege,  19  Mont.  341, 61  Am.  St.  511,  48  Pac.  394. . .  .77  78  .  412,  419,  556,  558,  560,  561,  564,  566, 
573,  1363. 

Cassel,  In  re,  32  L.  D.  85. . .  .237,  241,  244,  246,  332, 348,  546. 

Caste,  In  re,  3  L.  D.  169,  11  C.  L.  O.  35.... 34,  793  ,  794,  796  ,  797,  798,  799,  801,  835,  1219. 
Castle  V.  Womble,  19  L.  D.  455. . .  .19,  67,  75,  77,  78,  79,  313. 
Castner,  In  re,  17  L.  D.  565. . .  .340,  448. 

Cates  V.  Producers  &  Consumers  Oil  Co.,  96  Fed.  7. . .  .519, 1043, 1046. 

Catron  v.  Old,  23  Colo.  433,  48  Pac.  687,  58  Am.  St.  256,  18  Morr.  569. . .  .53,  85,  140,  143,  144,  145,  151. 

Cavanah,  In  re,  8  C.  L.  0.  5...  .321,  340. 

Cave  V.  Tyler,  133  Cal.  566,  65  Pac.  1089. . .  .657,  676. 

Cayuga  Lode,  In  re,  5  L.  D.  703,  5  Bratnard's  Leg.  Prec.  197. . .  .51,  70,  78,  161,  326. 

Cedar  Canyon  Min.  Co.  v.  Yarwood,  27  Wash.  271,  67  Pac.  752,  91  Am.  St.  841,  22  Morr.  11.... 219,  272. 

Cedar  Hill  Min.  Co.,  In  re,  1  L.  D.  628. . .  .390,  492. 

Centerville  Mm.,  etc.,  Co.,  In  re,  39  L.  D.  80. . .  .1339. 

Central  Eureka  Min.  Co.  v.  East  Central  Eureka  Min.  Co.,  146  Cal.  147,  79  Pac.  834,  9  L.  R.  A.  (N.  S.) 

940....,  85,  103,  137,  139,  160,  651,  664,  667,  686,  688,  697,  700. 
Central  Pac.  R.  Co.,  In  re,  8  L.  D.  30. . .  .1105. 
Central  Pac.  R.  Co.,  In  re,  13  L.  D.  603.... 1103,  1104,  1105. 
Central  Pac.  R.  Co.,  In  re,  5  C.  L.  O.  2. . .  .691, 1103. 

Central  Pac.  R.  Co.,  In  re,  8  C.  L.  O.  6,  Copp's  Min.  Lands  280  1105. 

Central  Pac.  R.  Co.,  In  re,  13  C.  L.  O.  269. . .  .1105. 

Central  Pac.  R.  Co.  v.  De  Rego,  39  L.  D.  288. . .  .1130,  1131. 

Central  Pac.  R.  Co.  v,  Luey,  120  Lands  &  Railroads  Records  223. . .  .1105. 

Central  Pac.  R.  Co.  v.  Mammoth  Blue  Gravel  Co.,  1  C.  L.  O.  134,  Copp's  Min.  Lands  144  1101. 

Central  Pac.  R.  Co.  v.  Mineral  Affiants,  Copp's  Min.  Dec.  128  625. 

Central  Pac.  R.  Co.  v.  Valentine,  11  L.  D.  238.... 1000,  1100,  1101,  1102,  1103,  1104,  1106,  1107,  1109,  1119, 
1120,1122,1133,1146,  1263. 


1416 


TABLE  OF  CASES. 


Cerro  Bonito  Quicksilver  Mines,  In  re,  4  C.  L.  O.  3,  Sickels'  Min.  L.  &  D.  327  434,  472. 

Chambers,  In  re,  14  C.  L.  O.  162.  ...79,  129. 

Chambers  v.  Harrington,  111  U.  S.  350,  4  S.  Ct.  428,  28  L.  ed.  452. . .  .74, 113,  162,  170,  195,  234,  235, 237, 245, 

247,  248,  252, 260,  273,  283,  307,  323,  348,  412,  448,  451,  453,  454,  456,  499. 
Chambers  v.  Jones,  17  Mont,  156,  42  Pac.  758. . .  .402,  414,  417,  1358,  1360,  1365. 

Chambers  V.  Pitts, 3  C.  L.  O.  162,  Sickels'  Min.  L.  &  D.  293. ..  .201,  307,  443,  468,  483,  715,  717,  718,  720. 
Champion  Min.  Co.,  In  re,  4  L.  D.  362,  12  C.  L.  O.  288. . .  .323  ,  522,  633. 

Champion  Min.  Co.  v.  Consolidated  Wyoming  Gold  Min.  Co.,  75Cal.  78,  16  Fac.  513, 16  Morr.  145  174, 

415,419,445,591. 

Chandler  v.  Calumet  &  Hecla  Min,  Co.,  149  U.  S.  79, 13  S.  Ct.  798. . .  .423,  854. 
Chapman  v.  Quinn,  56  Cal.  266. . .  .1170. 

Chapman  v.  Toy  Long,  5  Fed.  Cas.  497,  4  Sawy,  28, 1  Morr.  497 ... .  13,  26,  27, 29,  31 , 1 12, 1 15, 193, 272, 461 , 532. 
Charles  Mine  v.  Mt.  Pleasant  Mine,  See  Mt.  Pleasant  Mine,  In  re. 

Charlton  v.  Kelly,  156  Fed.  433,  13  Ann.  Cas.  518,  84  C.  C.  A.  295. . .  .77,  78,  214,  217,  512,  909. 
Charlton  v.  Kelly,  2  Alaska  532. . .  .75,  79, 117,  899. 

Chavanne,  In  re.   7  C.  L.  O.  115,  Copp's  Min.  Lands  283. . .  .196,  337,  378. 

Chavanne,  In  re,  7  C.  L.  O.  116,  Copp's  Min.  Lands  286,  Sickels'  Min.  L.  &  D.  243. . .  .329,  378,  432,  445. 

Chavanne  Quartz  Mine,  In  re.   See  Cavanne,  In  re. 

Chemung  Min.  Co.  v.  Hanley,  11  Idaho  302,  81  Pac.  619. . .  .479. 

Cherokee  Nation  v.  Hitchcock,  187  U,  S.  294,  23  S.  Ct.  115.... 1008,  1009. 

Chessman,  In  re,  2  L.  D.  744,  10  C.  L.  O.  322. . .  .511,  621. 

Cheesman  v.  Hart,  42  Fed.  98, 16  Morr.  265. . .  .79,  82,  84,  139, 146. 

Cheesman  v.  Shreeve,  37  Fed.  36,  16  Morr.  79. . .  .131,  137,  160,  163,  457,  497. 

Cheesman  v.  Shreeve,  40  Fed.  787,  17  Morr,  260. . .  .38,  39,  40,  41,  42,  43,  44,  45,  47,  48,  67,  76,  83,  120, 146, 150, 

152,  160,  200,  201,  205,  222,  262,  309, 
Chever  v,  Horner,  11  Colo,  68, 17  Pac,  495. . .  .1365. 

Chicago-Joplin  Lead  &  Zinc  Co.,  In  re,  104  Fed.  67  915. 

Chicago  Placer  Min.  Claim,  In  re,  34  L.  D.  9. . .  .521,  526,  527,  541,  544. 

Chicago  Quartz  Min.  Co.  v.  Oliver,  75  Cal,  194, 16  Pac,  780,  7  Am.  St.  114. . .  .420,  631, 1109, 

Chief  Moses  Indian  Reservation,  In  re,  9  C,  L,  O,  189  122,  127, 

Chilberg  V.  Consolidated  Min,  Co.,  3  Alaska  235.... 92,  111,  127,  420,  421, 1360, 1379, 
Childs,  In  re,  10  L.  D.  173,  17  C.  L.  0  .  5...  .339,  366,  392. 
Childs,  In  re,  13  C.  L.  O.  53. . .  .342. 

Chollar  Potosi  Min.  Co.,  In  re,  Copp's  Min.  Dec.  96. . .  .705,  1385, 

Chollar  Potosi, etc,  Co.  v.  Julia,  etc.,  Co.,  Copp's  Min.  Lands  93,  Copp's  Min.  Dec.  101  158,  162,  640,  651, 

652, 655,  669. 

Chormicle  v.  Hiller,  26  L.  D.  9.... 34,  746,  747,  843,  1316,  1317,  1319. 

Chrisman  v.  Miller,  197  U.  S.  313,  25  S.  Ct.  468,  49  L.  ed.  770. . .  .65,  68,  73,  74,  75,  77,  79,  236,  465,  510,  511, 

519,  529,  535, 1043,  1045. 
Circular,  In  re,  1  L.  D.  685. . .  .502,  503,  521,  522,  566,  850. 
Circular,  In  re,  1  L.  D.  687. . .  .727,  731,  748,  749,  758,  759,  768,  776,  779,  782. 
Circular,  In  re,  1  L.  D.  696. . .  .1325. 
Cisna  v.  Mallory,  84  Fed.  851. . .  .55. 

City  &  County  of  Beaver,  In  re,  34  L.  D.  112. . .  .1169,  1225, 1343,  1351,  1352. 
City  of  Deadwood  v.  Whittaker,  12  S.  Dak.  515,  81  N.  W.  908. . .  .2. 
City  Rock  v.  King  of  the  West.   See  Chambers  v.  Pitts. 

City  Rock  &  Utah  Claimants  v,  Pitts,  1  C,  L.  O,  146.... 343,  440,  443,  694,  704,  705,  711,  716,  718. 
Clark  V.  AUaman,  71  Kan.  206,  80  Pac,  571. . .  .610. 

Clark  V.  American  Flag  Gold  Min.  Co.,  7  C,  L.  O.  5,  Copp's  Min.  Lands  255. . .  .237. 

Clark  V.  Calkins,  3  C,  L.  O.  98. . .  .719. 

Clark  V.  Ervin,  16  L.  D.  122. . .  .53,  518,  520,  844,  1290,  1330, 

Clark  V.  Ervin,  17  L.  D.  550. . .  .79,  508,  510,  518,  519,  521,  1329. 

Clark  V.  Fitzgerald,  171  U.  S,  92, 18  S,  Ct,  941,  43  L,  ed.  87. . .  .143. 

Clark  V,  Nash,  198  U.  S.  361,  25  S.  Ct.  676,  49  L,  ed.  1085,  4  Ann,  Cas,  1171.... 883. 

Clark  V,  Taylor,  20  L,  D.  455. . .  .330. 

Clark's  Pocket  Quartz  Mine,  In  re,  27  L.  D.  351. . .  .101,  245,  350. 
Clason  V.  Matko,  223  U.  S.  646,  32  S.  Ct.  392,  56  L,  ed.  588. . .  .190. 
Clayton,  In  re,  Sickels'  Min.  L.  &  D.  491.... 20, 

Clear  Creek  Land,  etc.,  Co.  v.  lOlkenny,  5  Wyo.  38,  36  Pac.  819. . .  .525, 
Clearwater  Short  Line  R.  Co,  v.  San  Garde,  7  Idaho  106,  61  Pac.  137. . .  .224,  229. 
Clearwater  Timber  Co.  v.  Shoshone  Covmty,  155  Fed.  612  1176. 

Cleary  v.  Skiffich,  28  Colo,  362,  65  Pac.  59,  89  Am.  St.  207,  21  Morr.  284. . .  .5,  14,  17,  33,  77,  78,  384,  510,  548, 

658,  561,  594,  599,  603,  606,  610,  1373. 
Cleghorn  v.  Bird,  4  L,  D,  478,  4  Brainard's  Leg.  Prec.  83. . .  .16,  17,  745. 
Clements,  In  re,  Copp's  Min.  Dec.  214,  Sickels'  Min.  L.  &  D.  489. . .  .689,  690,  1094. 
Cleveland  v.  Eureka  No.  1  Gold  Min.,  etc.,  Co.,  31  L,  D,  69. . .  .236,  279,  334,  335,  336,  383,  396,  466,  467, 
Clipper  Min,  Co,,  In  re,  22  L.  D.  527. . .  .297,  331,  400,  470,  488,  490. 


TABLE  OF  CASES. 


1417 


Clipper  Min.  Co.  v.  Eli  Min.,  etc.,  Co.,  194  V.  S.  220,  24  S.  CI,.  (W2,  48  L.  cd.  944. . .  .23,  56,  89,  93,95,  111,  114, 
IK),  122,  128,  154,  158,  261,  297,  330,  331,  465,  483,  48,'),  490,  493,  509,  510,  511,  516,  524,  555,  556,  564,  567,  568, 
574,  576. 

Clipper  Min.  Co.  v.  Eli  Min.,  etc.,  Co.,  33  L.  D.  660. . .  .297,  298,  330,  331,  463,  464,  480,  485,  490,  511. 
Clipper  Min.  Co.  v.  Eli  Min.,  etc., Co., 34  L.  D.  401....  122,  157,  263,  270,  294,  298,  310,  314,  330,  331,  348,463, 
469,  480,  485,  489,  511. 

Clipper  Min.  Co.  v,  Eli  Min.,  etc.,  Co.,  29  Colo.  377,  93  Am.  St.  89,  68  Pac.  286,  64  L.R.  A.  209  120,  297, 

400,  490,  523,  524,  556,  570,  1121. 
Clipper  Min.  Co.  v.  Searl,  29  L.  D.  137. . .  .297,  485,  490,  523,  525. 
Clogston  V.  Palmer,  32  L.  D.  77. . .  .1147. 
Clough  (Cloud),  In  re.  See  Anderson,  In  re. 
Coalinga  Hub  OU  Co.,  In  re,  40  L.  D.  401. . .  .304,  537,  538,  585. 

Coal  Lands,  In  re,  1  L.  D.  540,  Copp's  Min.  Lands  345. . .  .391,  684,  731,  748,  749,  752,  755,  757,  765,'769. 
Coal  Lands,  In  re,  2  L.  D.  827. . .  .19. 
Coal  Lands,  In  re,  See  also  Truan,  In  re. 
Coal  Lands  v.  Town  Sites,  See  Elridge,  In  re. 

Coal  Lands  in  Alaska,  In  re,  35  L.  D.  572   878. 

Coal  Lands  in  Alaska,  In  re,  27  Op.  Atty.  Gen.  412  773. 

Coal  Lands  in  School  Sections,  In  re,  See  Colorado  School  Sections,  In  re. 
Cobb,  In  re,  31  L.  D.  220. . . .  1172,  1173,  1174,  1176,  1226. 
Cobban  v.  Meagher,  42  Mont.  399,  113  Pac.  290. .. .  123. 
Coe,  In  re,  2  L.  D.  829. . . .  1218. 

Coffin  V.  Left  Hand  Ditch  Co.,  6  Colo.  443. . .  .613,  614. 

Cole  V.  Markley,  2  L.  D.  847,  10  C.  L.  O.  238. . .  .834,  849,  850,  1120,  1194,  1195,  1202,  1212. 

Coleman,  In  re,  1  C.  L.  O.  34. . .  .248,  697. 

Coleman,  In  re,  15  C.  L.  O.  255. . .  .1364. 

Coleman  v.  Curtis,  12  Mont.  301,  30  Pac.  266. . . .  234,  253,  458. 

Coleman  v.  Homestake  Min.  Co.,  30  L.  D.  364. . .  .373,  387,  491. 

Coleman  v.  McKenzie,  28  L.  D.  348. . .  .12,  16,  114,  123,  261,  316,  840,  845,  1167. 

Coleman  v.  McKenzie,  29  L.  D.  359. . .  .251,  253,  334,  335,  552,  844. 

Collins,  In  re,  39  L.  D.  603. . .  .819,  962,  1391. 

Collins  V.  Bailey,  22  Colo.  App.  149,  125  Pac.  543. . .  .103,  140,  152,  153. 
Collins  V.  Bubb,  73  Fed.  735. . .  .22,  391,  967,  968,  971. 

Colman  v.  Clements,  23  Cal.  245   258. 

Colomokas  Gold  Min.  Co.,  In  re,  28  L.  D.  172. . .  .310, 1228. 

Colonel  Hall  Lode,  In  re,  See  Griffin,  In  re. 

Colorado,  In  re,  6  L.  D.  412. . .  .1263,  1282,  1283,  1285,  1295. 

Colorado,  In  re,  7  L.  D.  490,  6  Brainard's  Leg.  Prec.  439. . .  .1280,  1281,  1282. 

Colorado,  In  re,  10  L.  D.  222,  17  C.  L.  O.  9. . .  .1195,  1196,  1211,  1239,  1240,  1245,  1281 

Colorado,  In  re,  Copp's  Min.  Lands  341. . .  .742,  787,  1259,  1262,  1280,  1282. 

Colorado  v.  District  Com"t,  See  People  v.  District  Court. 

Colorado  Central  Consol.  Min.  Co.  v.  Turck,  50  Fed.  888,  2  C.  C.  A.  67. . .  .85,121, 130, 140, 142, 153, 157,590,  591. 
Colorado  Central  Consol.  Min.  Co.  v.  Turck,  54  Fed.  262,  4  C.  C.  A.  313. . .  .85,  130,  137,  153,  157. 
Colorado  Central  Consol.  Min.  Co.  v.  Turck,  70  Fed.  294,  17  C.  C.  A.  128. . .  .85,  130,  153,  157. 
Colorado  Coal  &  Iron  Co.  v.  United  States,  122  U.  S.  307,  8  S.  Ct.  131,  31  L.  ed.  182. ...  12,  17,  34,  304,  414,  417, 

423,  424,  425,  426,  724,  740,  741,  743,  746,  747,  753,  787,  788,  835,  836,  841,  844,  1045,  1102,  1135,  1169,  1203,  1356, 

1366,  1369,  1372,  1374. 
Colorado  School  Sections,  In  re,  16  C.  L.  O.  242. . .  .1282. 
Colton,  In  re,  10  L.  D.  422. . .  .749. 

Columbia  Copper  Min.  Co.  v.  Dutchess  Min.,  etc.,  Co.,  13Wyo.  244,  79  Pac.  385. . .  .38,  42,  47,  79,  198,  202. 
Columbia  Lode  &  Mill  Site,  In  re.  See  Bailey,  In  re. 

Commissioners  of  Kings  County  v.  Alexander,  5  L.  D.  126  15,  16,  313,  319,  742,  743,  744,  745. 

Comstock  V.  Northern  Pac.  R.  Co.,  34  L.  D.  88. . .  .1158,  1181. 
Comstock  Lode,  In  re,  See  Chollar  Potosi  Min.  Co.,  In  re. 
Conant,  In  re,  29  L.  D.  637. . .  .748. 

Condon  v.  Mammoth  Min.  Co.,  14  L.  D.  138,  18  C.  L.  O.  267. . .  .294,  361,  362,  363,  370,  393. 

Condon  v.  Mammoth  Min.  Co.,  15  L.  D.  330  361,  362,  363. 

Cone,  In  re,  7  L.  D.  94. . .  .1219. 

Coney  v.  Mammoth,  See  Lonergan  v.  Eddy. 

Conger  v.  Weaver,  6  Cal.  548,  65  Am.  Dec.  528   636. 

Conlin  v.  Kelly,  12  L.  D.  1, 17  C.  L.  O.  256. . .  .21,  32,  508,  511, 516, 518,  520,  521,  689,  844,  1314,  1329,  1330,  1332, 

Connell,  In  re,  29  L.  D.  574. . .  .325,  486. 

Conner  v.  Terry,  15  L.  D.  310. . .  .735,  754,  767,  769,  773,  775. 

Conrad  Investment  Co.  v.  United  States,  161  Fed.  829  610,  611,  618. 

Consolidated  Bobtail  Gold  Min.  Co.,  In  re,  9  C.  L.  O.  113. . .  .305. 
Consolidated  Min.  Co.,  In  re,  11  L.  D.  250. . .  .305,  323,  326,  588. 

56974°— Bull.  94,  pt.  2—15  38 


1418 


TABLE  OF  CASES. 


Consolidated  Republican  etc.,  Co.,  v.  Lebanon  Min.  Co.,  9  Colo.  343,  12  Pac.  212,15  Morr.  490       23,  188, 

379,  498. 

Consolidated  Wyoming  Gold  Min.  Co.  v.  Champion  Min.  Co.,  62  Fed.  945  147,  590. 

Consolidated  Wyoming  Gold  Min.  Co.  v.  Champion  Min.  Co.,  63  Fed.  540,  18  Morr.  113  39,  42,  43,  84, 

108,  110,  118,  130,  131,  132,  141,  142,  143,  144,  145,  146,  147,  150,  151,  152,  154,  419,  468,  588,  590,  650. 
Constitution  v.  Phoenix,  See  Stuart  Mining  Co.  v.  Wooster. 

Continental  Gold,  etc.,  Min.  Co.  v.  Gage,  10  L.  D.  534,  17  C.  L.  O.  39.... 264,  265,  404. 
Conway,  In  re,  29  L.  D.  388. . .  .432,  437,  454,  462,  485,  486. 
Conway  v.  Brooks,  39  L.  D.  337. . .  .767,  813,  820. 

Conway  v.  Hart,  129  Cal.  480,  62  Pac.  44,  21  Morr.  20. . .  .211,  223,  229,  475,  482,  1047. 

Conway  v.  United  States,  95  Fed.  615,  37  C.  C.  A.  200  1326. 

Cook,  In  re,  33  L.  D.  109. . .  .-304,  1171. 

Cook  V.  Johnson,  3  Alaska  506. . .  .13,  37,  68,  71,  72,  76,  77,  78,  79,  90,  109,  201,  202,  237,  465,  512,  1045,  1361. 
Cook  V,  Klonos,  164  Fed.  529,  90  C.  C.  A.  403. . .  .56,  72,  93,  117,  211,406,  409,  527, 528, 533, 535,  536,  537,  539,  899. 
Cook  V.  Klonos,  168  Fed.  700,  94  C.  C.  A.  144. . .  .528,  535,  536,  537. 

Cooper  V.  Roberts,  59  U.  S.  (18  How.)  173,  15  L.  ed.  338. . . .  1080,  1083,  1084,  1086,  1087,  1249,  1282,  1283,  1289. 
Cooper  V.  Roberts,  6  Fed.  Cas.  487,  6  McLean  93. . . .  1083,  1087. 
Copp,  In  re,  7  C.  L.  O.  20. . . .  284. 

Copper  Bullion  and  Morning  Star  Lode  Min.  Claim,  In  re,  35  L.  D.  27  334,  335. 

Copper  Glance  Lode,  In  re,  29  L.  D.  542. . .  .170,  185,  241,  243,  244,  245,  246,  252,  344,  345,  346,  348,  349,  350,  352, 
353,354,  406. 

Copper  Globe  Min.  Co.  v.  AUman,  23  Utah,  410,  64  Pac.  1019,  21  Morr.  296. . .  .96,  117,  187,  191. 
Copper  King  v.  Wabash  Min.  Co.,  114  Fed.  991  611. 

Copper  Mountain  Min.,  etc.,  Co.  v.  Butte  &  Corbin  Consol.  Copper,  etc.,  Min.  Co.,  39  Mont.  487,  104  Pac.  540, 
133  Am.  St.  595. . .  .243,  458. 

Copper  Prince  Mine,  In  re,  1  Reporter  118  382. 

Copper  River  Min.  Co.  v.  McClelland,  2  Alaska  134. .. .  122,  278,  395. 
Corbin  v.  Dorman,  25  L.  D.  471. . .  .846,  847. 

Cordell  Placer  Mine,  In  re,  4  L.  D.  476,  13  C.  L.  O.  29. . .  .404,  795,  797. 
Cornell  Lode,  In  re,  6  L.  D.  717. . .  .308,  394. 

Corning  Timnel  Min.,  etc.,  Co.,  v.  Pell,  3  C.  L.  0. 130,  Sickels'  Min.  L.  &  D.362  169,170,171,175,584,  718. 

Corning  Tunnel  Min.,  etc.,  Co.,  v.  Pell,  3  C.  L.  O.  195,  Sickels'  Min.  L.  &  D.  307  584,  718. 

Corning  Tunnel,  etc.,  Co.  v.  Pell,  4  Colo.  507,  14  Morr.  612. . .  .166,  169,  172,  438,  472,  706. 
Correa  v.  Frietus,  42  Cal.  339. .. .  636. 

Correction  Lode,  In  re,  15  L.  D.  67. . .  .51,  87,  146,  154,  158,  214,  587,  591,  592. 

Cosmopolitan  Min.  Co.  v.  Foote,  101  Fed.  518,  20  Morr.  497. . .  .144,  149,  150, 152,  230. 

Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  190  U.  S.  301,  24  S.  Ct.  860,  23  S.  Ct.  692,  47  L.  ed.  1064. . . . 

295,  829,  1169,  1170,  1171,  1172,  1173,  1176,  1315. 
Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  104  Fed.  20. . .  .52, 446,  640,  672,  687,  829,  834,  835,  839,  840, 

1046,  1093,  1166,  1169,  1170,  1171,  1172,  1173,  1174,  1175,  1177,  1201,  1202. 
Cosmos  Exploration  Co.  v.  Gray  Eagle  Oil  Co.,  112  Fed.  4,  50  C.  C.  A.  79,  61  L.  R.  A.  230,  21  Morr.  633. ... 

10,  12,  25,  52,  78,  95,  186,  219,  415,  516,  519,  840,  841,  845,  1044,  1170,  1171,  1172,  1173,  1176. 
County  of  Kern  v.  Lee,  129  Cal.  369,  61  Pac.  1124. . .  .192,  197,  209. 

County  of  Sutter  v.  Nicols,  152  Cal.  688,  93  Pac.  872,  14  Ann.  Cas.  900,  15  L.  R.  A.  (N.  S.)  616. . .  .940,  941, 
942,  943. 

Courchaine  v.  Bullion  Min.  Co.,  4  Nev.  369  416. 

Courtright  v.  Wisconsin  Central  R.  Co.,  19  L.  D.  410.... 1111,  1112. 
Covey,  In  re,  40  L.  D.  410. . . .  1391,  1392. 

Cowell  V.  Lammers,  21  Fed.  200,  10  Sawy.  246. . .  .22,  23,  52,  299,  416,  419,  425,  834,  850,  1101,  1102,  1103,  1106, 

1120, 1135, 1136, 1368. 
Crafts,  In  re,  36  L.  D.  138. . .  .10,  725,  741,  742. 
Craig  V.  Thompson,  10  Colo.  517,  16  Pac.  24       82,  201. 

Cranes  Gulch  Min.  Co.  v.  Scherrer,  134  Cal.  350,  86  Am.  St.  279,  66  Pac.  487,  21  Morr.  549.... 249,  672,  673, 

675,  707,  708,  709,  710. 
Crary  v.  Gavigan,  36  L.  D.  225. . .  .864. 
Cratty  v.  Routt,  7  C.  L.  O.  132. . .  .427,  588,  712. 
Crawford,  In  re,  9  C.  L.  O.  130. . .  .243,  244. 

Credo  Min.,  etc.,  Co.  v.  Highland  Min.,  etc.,  Co.,  95  Fed.  911. . .  .202,  211,  225,  443. 

Creede  &  Cripple  Creek  Min.,  etc.,  Co.,  v.  Unita  Tunnel  Min.,  etc.,  Co.,  196  U.  S.  337,  25  S.  Ct.  266,  49  L. 
ed.  501. . .  .3,  10,  12,  49,  50,  51,  54,  64,  68,  71,  72,  93,  96,  136,  166,  167,  168,  169,  171,  172,  173,  174,  190, 192,  214, 
219,  261,  379,  380, 384,  392,  393,  397,  402,  416,  417,  418,  419,  432,  435,  438,  444,  446,  462,  465,  486,  489, 511, 529, 
614,621. 

Crescent  Min.  Co.  v.  Silver  King  Min.  Co.,  17  Utah  444,  54  Pac.  244.... 611,  612,  613. 
Cresson  &  Clearfield  Coal  Co.  v.  Stauffer,  148  Fed.  981. . .  .915. 

Creswell  Min.  Co.  v.  Johnson,  8  L.  D.  440,  15  C.  L.  O.  241. . .  .17,  33,  296,  403,  600,  747. 
Cripple  Creek  Gold  Min.  Co.  v.  Mt,  Rosa  Min.,  etc.,  Co.,  26  L.  D.  622. . .  .50,  324,  409,  558,  559,  560,  561,  562, 
^65;  566,  569,573,  576,  1363, 


TABLE  OF  CASES. 


1419 


Crismon  v.  Union  Pac.  R.  (^o.   See  Union  Pac.  R.  Co.  v.  Crisnion. 
Criswoll  Min.  Co.  v.  Johnson,  8  L.  D.  440  841. 

Croesus  Mm.,  etc.,  Co.  v.  Colorado  Limd  &  Min.  Co.,  19  Fed.  78.... 31,  215,  217,  224. 
Cronin  v.  Bear  Creek  Gold  Min.  Co.,  3  Idaho  614,  32  Pac.  204. . .  .383,  451,  476. 
Crosby  &  Other  Lode  Claims,  In  re,  35  L.  D.  434. . .  .304,  427,  428,  582,  583,  585,  855. 
Crossman  v.  Pendery,  8  Fed.  693,  2  McCrary  139,  4  Morr.  431. . .  .25,  72,  73,  88,  90,  117. 
Crouch,  In  re,  2  C.  L.  O.  146,  Copp's  Min.  Lands  186. . .  .845. 
Crowder,  In  re,  30  L.  D.  92.... 740,  742,  1115,  1166,  1167,  1226. 

Crown  Point  Lode,  In  re,  Sickels'  Min.  Dec.  116  445,  663. 

Crown  Point  Min.  Co.  v.  Buck,  97  Fed.  462,  38  C.  C.  A.  278.... 85,  87,  411,  462,  482. 
Crown  Point  Min.  Co.  v.  Buck,  26  L.  D.  348.... 436,  446. 

Cro\\Ti  Point  Min.  Co.  v.  Crismon,  39  Oreg.  364,  65  Pac.  87,  21  Morr.  406.... 71,  72,  221,  250,  258,  831. 

Crj'stal  Marble  Quarries  Co.  v.  Dantice,  41  L.  D.  642.... 529,  539,  540. 

Cullacott  V.  Mining  Co.  See  Cullacott  v.  Cash  Gold,  etc.,  Min.  Co. 

Cullacott  V.  Cash  Gold,  etc.,  Min.  Co.,  8  Colo.  179,  6  Pac.  211, 15  Morr.  392. . .  .186  ,  231,  343. 

Culver,  In  re,  40  L.  D.  593. . .  .814,  819,  1232. 

Cunningham,  In  re,  10  C.  L.  O.  206,  1  Brainard's  Leg.  Prec.  286  279,  437. 

Cunningham  Claims,  In  re.   See  Scofield,  In  re. 

Currency  Min.  Co.  v.  Bentley,  10  Colo.  App.  271,  50  Pac.  920.... 465. 

Curtis  V.  La  Grande  Water  Co.,  20  Oreg.  34,  23  Pac.  808,  25  Pac.  378,  10  L.  R.  A.  484. . .  .660. 
Curtis  V.  Sutter,  15  Cal.  263. . .  .636. 

Cutting  V.  Reininghaus,  7  L.  D.  265,  15  C.  L.  O.  158.... 12,  16,  17,  33,  78  403,  510,  511,  841,  842,  1122. 
Cyprus  Mill  Site,  In  re,  6  L.  D.  706. . .  .595,  601,  604,  605,  611. 

D. 

Daggett  V.  Yreka  Min.,  etc.,  Co.,  149  Cal.  357, 86  Pac.  968. . .  .81,  160,  209,  651, 667, 684, 694. 
Dahl  V.  Raunheim,  132  U.  S.  260,  10  S.  Ct.  74,  33  L.  ed.  324,  16  Morr.  214. . .  .69,  307,  333,  381,  388,  522,  560, 
568,  575,  821. 

DaUy,  In  re,  41  L.  D.  295.... 733,  734  ,  735,  736,  738  ,  754  ,  772,  776,  781. 

Daly,  In  re,  1  C.  L.  O.  162,  Copp's  Min.  Lands  158. ...717,  719. 

Daly,  In  re,  10  C.  L.  0. 167, 1  Brainard's  Leg.  Prec.  173. . .  .329. 

Dam  Site  Placer,  In  re.  See  Buena  Vista  Electric  Light  Co.,  In  re. 

Daney  Gold,  etc.,  Min.  Co.  v.  Sapphire  Silver  Min.  Co.,  2  C.  L.  O.  66.... 663. 

Daphne  Lode  Claim,  In  re,  32  L.  D.  513. . .  .557,  568,  575,  576. 

Dardanelles,  In  re.   See  California  v.  Dardanelles. 

Dardanelles  Min.  Co.  v.  California  Min.  Co.,  Copp's  Min.  Dec.  161,  Sickels'  Min.  L.  &  D.  326       584,  675, 

717. 

Darger  v.  LeSieur,  8  Utah  160,  30  Pac.  363. . .  .228. 
Dargin  v.  Koch,  20  L.  D.  384. . .  .316,  842,  843,  845,848. 
Dartt,  In  re,  5  C.  L.  O.  178....  1263,  1282,  1283. 
Daugherty  v.  Bogy,  104  Fed.  938,  44  C.  C.  A.  266.... 965. 
Davenport  v.  Northern  Pac.  R.  Co.,  32  L.  D.  28.... 1181, 1182,  1183. 

David,  In  re,  Copp's  Min.  Lands  121,  Copp's  Min.  Dec.  215  706. 

Davidson  v.  Calkins,  92  Fed.  230. . .  .832. 

Davidson  v.  Eliza  Gold  Min.  Co.,  28  L.  D.  224. . .  .356,  363,  364. 

Davidson,  v.  Eliza  Gold  Min.  Co.,  28  L.  D.  550  356,  363,  364,  375. 

Davis,  In  re,  7  L.  D.  560,  15  C.  L.  O.  246. . .  .800,  801. 
Davis,  In  re,  33  L.  D.  313. . . . 732,  848. 
Davis  V.  Butler,  6  Cal.  510,  1  Morr.  7. . .  .262. 
Davis  V.  Gibson,  38  L.  D.  265. . . .  1332. 
Davis  V.  McDonald,  33  L.  D.  641  468,  470. 

Davis  V.  Shepherd,  31  Colo.  141,  72  Pac.  57,  22  Morr.  575.... 86,  137,  646. 
Davis  V.  Tanner,  20  L.  D.  220.... 342,  743,  744. 

Davis  V.  Weibbold,  139  U.  S.  507,  11  S.  Ct.  628,  35  L.  ed.  238. . .  .3,  5,  6,  12, 15, 174,  295,  298,  319,  402,  412,  415, 
417,  419,  421,  436,  437,  573,  640,  745,  839, 840,  841, 1101,  1102,  1110,  1119, 1122,  1137,  1280,  1355,  1356,  1357,  1362, 
1365,  1368,  1369,  1370,  1371,  1372,  1373,  1374. 

Dawson,  In  re,  40  L.  D.  17. . .  .168,  252,  283,  323. 

Deadwood  Central  R.  Co.  v.  Barker,  14  S.  Dak.  558,  86  N.  W.  619.... 613,  617. 

Dealy  v.  United  States,  152  U.  S.  539,  14  S.  Ct.  680. . .  .733. 

Dean  Richmond  Lode,  In  re,  1  L.  D.  545. . .  .302,  307. 

Dean  Richmond  Mine,  In  re.   See  De  Long  v.  Hine. 

Dearden,  In  re,  11  L.  D.  351. . .  .754^  762,  770,  773. 

Debney  v.  lies,  3  Alaska  438. . .  .54,  66,  67,  71,  72,  73,  79,  243,  258,  266. 

De  Camp  v.  Cruse,  10  C.  L.  O.  50. . .  .489. 

Deeney  v.  Mineral  Creek  Mill.  Co.  11  N.  Mex.  279, 67  Pac.  742,  22  Morr.  47  191,  192, 196,  200,  206,  369,  450, 

456,  459,  462,  468,  480,  873. 


1420 


TABLE  OF  CASES. 


Deffeback  v.  Hawke,  115  U.  S.  392,  6  S.  Ct.  95,  29  L.  ed.  423. . .  .2,  3,  12,  15,  17,  22,  104,  105,  171,  264,  298, 
304,  310,  313,  332,  375,  395,  397,  410,  412,  414,  415,  416,  573,  630,  639,  672,  687,  723,  746,  834,  839,  1093,  1102, 
1105,  1110,  1136,  1137,  1202,  1203,  1260,  1355,  1356,  1359,  1360,  1361,  1363,  1364,  1367,  1368,  1369,  1370,  1371, 
1372,  1375. 

DeFord,  In  re,  2  C.  L.  O.  131.... 834,  840. 

De  Gracia  v.  Eaton,  22  L.  D.  16. . .  .380,  449,  491. 

De  Lamar's  Nevada  Gold  Min.  Co.  v.  Nesbitt,  177  U.  S.  523,  20  S.  Ct.  715,  44  L.  ed.  872  286,  287,  385,  453, 

457. 

Delaney  v.  Thomas,  2  C.  L.  O.  50. . .  .1260. 
DeUs,  In  re,  13  C.  L.  O.  159. . .  .371. 

Delmoe  v.  Long,  35  Mont.  139,  88  Pac.  778.... 255,  258,  279,  484. 

Del  Monte  Min.,  etc.,  Co.  v.  Last  Chance  Min.,  etc.,  Co.,  171  U.  S.  55,  18  S.  Ct.  895,  53  L.  ed.  72,  19  Morr, 
370. . .  .11,  12,  24,  50,  51,  57,  68,  81,  82,  83,  84,  85,  86,  115,  121,  128,  137,  138,  140,  143,  144, 146,  147,  148,  150, 
151,  152,  156,  157,  158,  160,  162,  263,  270,  307,  322,  323,  338,  370,  431,  436,  443,  448,  465,  479,  486,  492,  493, 
637,  646,  648,  649,  651,  663,  666,  1089,  1244,  1274,  1384. 

Del  Monte  Min.,  etc.,  Co.  v.  New  York,  etc.,  Min.  Co.,  66  Fed.  212  82,  141,  142,  143,  144,  145,  150,  183, 

184, 186, 192,  217. 

De  Long  v.  Hine,  9  C.  L.  0. 114. . .  .311,  312,  383. 

Demple  V.  Coe,  38  L.  D.  528. . .  .394,  703,  731. 

Denison,  In  re,  11  C.  L.  O.  261. . .  .578,  580. 

Deniss  v.  Sinnott,  35  L.  D.  304. . .  .383. 

Denny  v.  Dodson,  13  Sawy.  66,  Fed.  Cas.  899. . .  .1349. 

Deno  V.  Griffin,  20  Nev.  249,  20  Pac.  308. . .  .268,  396,  415,  711. 

De  Noon  v.  Morrison,  83  Cal.  163,  23  Pac.  374,  16  Morr.  33.... 243,  244,  697. 

Dephanger,  In  re,  1  L.  D.  581,  8  C.  L.  O.  189. . .  .251,  222,  694,  701,  702. 

Derry  v.  Ross,  5  Colo.  295, 1  Morr.  1  262. 

Deserant  v.  Cerillos  Coal  R.  Co.,  178  U.  S.  409,  20  S.  Ct.  967. . .  .805  ,  806. 

Deseret  Salt  Co.  v.  Tarpey,  142  U.  S.  241, 12  S.  Ct.  158. . .  .1111,  1104. 

Devereux  v.  Hunter,  11  L.  D.  214. . .  .294,388. 

Dewey,  In  re,  9  C.  L.  O.  51. . .  .20,519, 1043. 

De  Witt,  In  re,  9  C.  L.  O.  34. . .  .302, 324, 416, 491. 

De  Wolfskin  v.  Smith,  5  Cal.  App.  175,  89  Pac.  1001. . .  .616,  656,  658. 

Diamond  v.  Kahn,  28  L.  D.  229. . .  .366. 

Diamond  Coal  &  Coke  Co.  v.  United  States,  233  U.  S.  236. . .  .4,  13,  15,  104,  424,  821, 1135. 
Diamond  Creek  Gold,  etc.,  Co.  v.  Lloyd,  9  C.  L.  O.  54. . .  .239,  243,  245,  246,  281,  723. 

Diamond  Lands,  In  re,  Copp's  Mia.  Lands  88,  Sickels'  Min.  L.  &  D.  485,  Copp's  Min.  Dec.  140  684,  688, 

689,  690,  710. 

Dibble  v.  Castle  Chief,  etc.,  Min.  Co.,  9  S.  Dak.  618,  70  N.  W.  1055. . .  .258. 

Dickey  v.  Coffeyville  Vitrified  Brick,  etc.,  Co.,  69  Kan.  106,  76  Pac.  398  1017. 

Dickinson  v.  Capen,  14  L.  D.  426. . .  .747,  841,  843,  846. 
Diekman  V.  Good  Return  Min.  Co.,  14  C.  L.  O.  237. ..  .440,  443. 
Diller  v.  Hawley,  81  Fed.  651,  26  C.  C.  A.  514....  1183,  1322. 
Dillon,  In  re,  40  L.  D.  84. ..  .597. 

Dillon  V.  Bayliss,  11  Mont.  171,  27  Pac.  725. . .  .217,  230. 

Discovery  Placer  Claim  v.  Murry,  25  L.  D.  460  558,  559,  560,  561,  562,  566,  569,  1359. 

Dixon  V.  Owen  (Okla.),  132  Pac.  351. . .  .1015, 1016. 

Dobbs  Placer  Mine,  In  re,  1  L.  D.  565. . .  .310,  314,  394,  425,  442,  519. 

Dobler  v.  Northern  Pacific  R.  Co.,  17  L.  D.  103. . .  .318, 1119, 1122. 

Dodge,  In  re,  6  C.  L.  O.  122,  Copp's  Min.  Lands  259. . .  .283,  290,  304,  321,  340,  344. 

Dodge  V.  Marden,  7  Oreg.  456,  1  Morr.  63. . .  .615,  620,  622. 

Doe  V.  Sanger,  83  Cal.  203,  23  Pac.  365, 17  Morr.  298. . .  .84,  143, 145,  146. 

Doe  V.  Tyler,  73  Cal.  21, 14  Pac.  375. . .  .223,  695. 

Doe  V.  Waterloo  Min.  Co.,  43  Fed.  219. . .  .307,  311,  440,  448,  450,  451,  457,  461,  486,  499. 

Doe  V.  Waterloo  Min.  Co.,  54  Fed.  935. . .  .37,  45,  63,  84,  108,  118,  121,  130,  131,  132,  134,  136,  137,  149,  152,  154, 

160,  295,  402,  405,  574. 
Doe  V.  Waterloo  Min.  Co.,  55  Fed.  11. ...  181, 202. 

Doe  V.  Waterloo  Min.  Co.,  70  Fed.  455,  17  C.  C.  A.  190,  18  Morr.  265. . .  .27,  61,  72,  90,  181,  182,  192,  194,  198, 

200,  212,  218,  223,  233,  259,  300,  468. 
Doherty  v.  Morris,  11  Colo.  12, 16  Pac.  911. . .  .279,  373. 
Doherty  v.  Morris,  17  Colo.  105,  25  Pac.  85. . .  .243,  244,  346,  349. 
DoUes  V.  Hamberg  Consol.  Mines  Co.,  23  L.  D.  267. . .  .247,  258,  312,  355. 
Dolly  Varden  Mine,  In  re.   See  Sayer  v.  Hoosac  Consol.  Gold,  etc.,  Mta.  Co. 
Dolores  Min.  Co.,  In  re,  15  C.  L.  O.  51. . .  .243,  348. 

Donahue  v.  Meister,  88  Cal.  121,  25  Pac.  1096,  1099,  22  Am.  St.  283. . .  .200,  206,  216. 
Donlan,  In  re,  39  L.  D.  353. . .  .474,  492. 

Donnelly  v.  United  States,  228  U.  S.  243,  33  S.  Ct.  1024. . .  .236,  260,  508,  510,  527,  532,  535,  548. 
Doolan  v.  Carr,  125  U.  S.  618,  8  S.  Ct.  1228,  31  L.  ed.  844. . .  .421. 


TABLE  OP  CASES. 


1421 


Doon  V.  Tesh.   Sco  I.co  Doon  v.  Tosh. 

Doran  v.  Central  I'ac.  K.  Co.,  24  Cal.  246. . .  .1101,  1105. 

Dornen  v.  Vaughn,  16  L.  1).  8. . .  .291,  317,  846,  1217,  1225. 

Dotson  V.  Arnold,  8  L.  D.  439,  7  Brainard's  Leg.  Prec.  126. . .  .87,  388,  390,  524. 

Douglas,  In  re,  Copp's  Min.  Dec.  136,  Sickels'  Min.  L.  &  D.  78. . .  .635,  642,  643,  647,  653,  687,  692,  698,  699. 
Douglas  &  Other  Lodes,  In  re,  34  L.  D.  556  348,  355. 

Dower  v.  Richards,  151  U.  S.  658,  14  S.  Ct.  452,  38  L.  ed.  305,  17  Morr.  704. . .  .15, 117, 1356, 1371, 1372. 
Dower  v.  Richards,  73  Cal.  477,  15  Pac.  105. . .  .64,  1365,  1367. 
Dowl  V.  Meador,  16  Cal.  320. . .  .22. 

Downej^  v.  Rogers,  2  L.  D.  707,  10  C.  L.  O.  307. . .  .295,  383,  449,  472,  523. 
Downs,  In  re,  7  L.  D.  71,  15  C.  L.  O.  147. ...  15,  351,  403,  744,  746,  841. 
Drake,  In  re,  5  C.  L.  O.  4. . .  .236. 

Drake  v.  Erhardt,  2  Idaho  (716)  750,  23  Pac.  541. . .  .619. 
Draper  v.  Wells,  25  L.  D.  550. . .  .293,  338,  345,  356,  363,  368,  522,  544. 
Drescher,  In  re,  41  L.  D.  614. . .  .300,  304,  427,  428,  583,  584. 
Drew,  In  re,  8  L.  D.  399. . .  .75. 

Driskill  v.  Rebbe,  22  S.  Dak.  242,  117  N.  W.  135. . .  .614,  619,  622. 

Drogheda  &  West  Mom-oe  Extension  Lode  Claims,  In  re,  33  L.  D.  183. . .  .321,  342,  504. 

Drummond  v.  Long,  9  Colo,  538,  13  Pac.  543,  15  Morr.  510  226,  227,  229. 

Ducie  V.  Ford,  138  U.  S.  587,  11  S.  Ct.  417. . .  .12,  192,  207,  434,  448. 
Duffield,  In  re.    See  San  Xavier  Mine,  In  re. 

Duffield  V.  San  Francisco  Chemical  Co.,  198  Fed.  942. . .  .40,  52,  80,  90,  451,  465,  467,  487,  521,  1046. 
Duffield  V.  San  Francisco  Chemical  Co.,  205  Fed.  480. . .  .23,  37,  39,  40,  43,  46,  52,  80,  81,  86,  90,  96,  462,  464, 

465,  467,  489,  508,  510,  521,  524,  532,  536,  1046. 
Duffy  V.  Mix,  24  Oreg.  265,  33  Pac.  807. . .  .91,  111,  396,  461. 
Duffy  Quartz  Mine,  In  re,  18  L.  D.  259. -.  .12,  562,  1369,  1374. 
Dufrene  v.  Mace,  30  L.  D.  216. . .  .843,  845. 

Dufresne  v.  Northern  Light  Min.  Co.,  2  Alaska  592. . .  .262,  271,  430,  472,  495,  496. 

Duggan  V.  Davey,  4  Dak.  110, 26  N.  W.  887, 17  Morr.  59. . .  .25, 37,  43, 103, 117,  118, 121,  130,  136,  138,  141,  154, 
161,408,  409,  411,697. 

Dughi  V.  Harkins,  2  L.  D.  721, 10  C.  L.  O.  309. . .  .6,  15,  16,  33,  313,  625,  627,  744,  745,  850,  1373. 

Duncan  v.  Eagle  Min.  Co.,  48  Colo.  569, 139  Am.  St.  288,  111  Pac.  588. . .  .28, 29, 101, 228, 232, 246,  247,  249, 500. 

Duncan  v.  Fulton,  15  Colo.  App.  140,  61  Pac.  244,  20  Morr.  522. . .  .82,  205,  230,  259. 

Duncan  v.  Navassa  Phosphate  Co.,  137  U.  S.  647, 11  S.  Ct.  242. . .  .858,  859. 

Dunham  v.  Earkpatrick,  101  Pa.  St.  36  8. 

Dunkirk  Lode,  In  re.   See  Britton,  In  re. 

Dunluce  Placer  Mine,  In  re,  6  L.  D.  761,  6  Brainard's  Leg.  Prec.  202   20,  520. 

Dvmphy,  In  re,  8  L.  D.  102,  15  C.  L.  O.  266. . .  .340,  344,  579,  853. 

Du  Prat  V.  James,  65  Cal.  555,  4  Pac.  562, 15  Morr.  341. .. .  114, 117, 178, 220, 222, 242, 248,  251,  252,  265, 266, 717. 

Durango  Land  &  Coal  Co.,  In  re,  18  L.  D.  382. . .  .735,  760,  769,  772,  780. 

Durango  Land  &  Coal  Co.  v.  Evans,  80  Fed.  425,  25  C.  C.  A.  523. . .  .295,  419,  733,  751. 

•Durant  Min.  Co.  v.  Percy  Consol.  Min.  Co.,  93  Fed.  166,  35  C.  C.  A.  252,  20  Morr.  27. . .  .1347. 

Durgan  v.  Redding,  103  Fed.  914. . .  .450, 452, 462, 476, 606. 

Durrant  v.  Corbin,  94  Fed.  382. . .  .450,  527,  528,  536,  537. 

Durrell  v.  Abbott,  6  Wyo.  265,  44  Pac.  647. . .  .909. 

Duryed  v.  Boucher,  67  Cal.  141,  7  Pac.  421. . .  .206. 

Duvall,  In  re,  7  C.  L.  O.  148,  Sickels'  Min.  L.  &  D.  631.... 6,  8. 

Dwinnell  v.  Dyer,  145  Cal.  12,  78  Pac.  247,  7  L.  R.  A.  (N.  S.)  763. . .  .53,  71,  92,  116,  118,  197. 
Dwtnnell  v.  United  States,  186  Fed.  754,  108  C.  C.  A.  624. . .  .1320, 1328. 
Duxie  Lode,  In  re,  27  L.  D.  88. . .  .328. 

Dye  V.  Crary,  13  N.  M.  439,  85  Pac.  1038,  9  L.  R.  A.  (N.  S.)  1136. . .  .235,  239. 
Dyer  v.  Brogan,  70  Cal.  136  253. 

Dyer  v.  Jackson,  6  C.  L.  O.  171,  Sickels'  Min.  L.  &  D.  56. . .  .227,  320,  321. 

E. 

Eagle  Copper  &  Sih  er  Min.  Co.,  In  re.   See  Boston  Hydraulic  Gold  Min.  Co.  v.  Eagle  Copper  &  Silver 
Min.  Co. 

Eagle  Salt  Works,  In  re,  5  C.  L.  O.  4,  Copp's  Min.  Lands  336. .1101, 1195, 1212,  1271. 
Earnest,  In  re,  14  L.  D.  268. . .  .801. 

East  Central  Eureka  Min.  Co.  v.  Central  Eureka  Min.  Co.,  204  U.  S.  266,  25  S.  Ct.  258. . .  .85,  150,  697. 
East  Tintic  Consol.  Min.  Claim,  In  re,  40  L.  D.  271. . .  .23,  24,  32,  40,  303,  308. 
East  Tintic  Consol.  Min.  Co.,  In  re,  41  L.  D.  255. . .  .40,  74,  75. 
Eaton  v.  Hoge,  141  Fed.  64,  72  C.  C.  A.  74. . .  .610,  617. 

Eaton  v.  Norris,  131  Cal.  561,  63  Pac.  856,  21  Morr.  205. . .  .180,  198,  213,  216,  217,  218,  223,  228,  230. 

Eberle  v.  Carmichael,  8  N.  IVIex.  169,  42  Pac.  95. . . .  125,  235,  246. 

Eclipse  Gold,  etc.,  Mm.  Co.  v.  Spring,  55  Cal.  304. . .  .648,  665,  686,  693,  710,  718. 

Eclipse  Mill  Site,  In  re,  22  L.  D.  496. . .  .594,  595,  597,  600,  601,  602,  604. 


1422 


TABLE  OF  CASES. 


Edith  Lode,  In  re.   See  Manhattan  &  San  Juan  Silver  Min,  Co.,  In  re. 

Eilers  v.  Boatmen,  111  U.  S.  356,  4  S.  Ct.  432,  28  L.  ed.  454,  15  Morr.  471. . .  .52,  217,539. 

Eilers  v.  Boatman,  3  Utah  159,  2  Pac.  66,  15  Morr.  462   50,92,121,151,218,221,225,266,695. 

Eisemann,  In  re,  10  L.  D.  539... .754, 770, 773, 777, 780, 781. 
Elbert,  In  re,  16  C.  L.  O.  123. . .  .197, 215. 

Elda  Min.,  etc.,  Co.,  In  re,  29  L.  D.  279.... 58, 314, 319, 327, 394, 531, 847, 1380. 

Elda  Min.,  etc.,  Co.  v.  Mayflower  Gold  Min.  Co.,  26  L.  D.  573   324,331,435,557,569,572,573,576. 

Elder  v.  Horseshoe  Min.,  etc.,  Co.,  194  U,  S.  248,  24  S,  Ct.  643,  48  L.  ed.  960. . .  .123,251,272,275,276,277,281. 
Elder  v.  Horseshoe  Min.  Co.,  9  S.  Dak.  636  ;  79  N.  W,  1060, 62  Am.  St.  895. . .  .257, 272, 273, 702. 

Elder  v.  Horseshoe  Min.,  etc.,  Co.,  15  S.  Dak.  124,  87  N.  W.  586, 102  Am.  St.  681  276,458. 

Elder  v.  Wood,  208  U.  S.  226,  28  S.  Ct.  263,  52  L.  ed.  464.... 93, 98. 

Eldred  v.  Lasey,  6  C.  L.  O.  34,  Sickels'  Min.  L.  &  D.  284  279,470,483. 

Eldred  v.  Okmulgee  Loan  &  Trust  Co.,  22  Okla.  742,  98  Pac.  929. . .  .1000,1028. 
Elgin  Min.,  etc.,  Co.  v.  Iron  Silver  Min.  Co.  14  Fed.  377.. -.83, 84, 137, 145, 146, 150. 
Elk  Park  Min.  &  Mill.  Co.,  In  re,  101  Fed.  422.... 915. 

EUet  V.  Campbell,  18  Colo.  510,  33  Pac.  521....  165, 166, 170, 171, 175, 442, 638, 706. 

Elliott  V.  Elliott,  3  Alaska,  352.... 55, 125, 278, 395. 

Elliott  V.  Southern  Pac.  R.  Co.,  35  L.  D.  149. ..  .18,19,639,1086,1122. 

Ellis  V.  Fitzpatrick,  118  Fed.  430,  55  C.  C.  A.  260. . .  .991. 

Ellison,  In  re,  29  L.  D.  250. . .  .367. 

El  Paso  Brick  Co.,  In  re,  37  L.  D.  155. . .  .296, 369, 398, 428, 582, 583, 585. 
El  Paso  Brick  Co.  v.  McKnight,  233  U.  S.  250. . .  .187,304,307,313,399. 
Elridge,  In  re,  1  C.  L.  O.  19,  Copp's  Min.  Lands  339. . .  .730, 1378, 1382. 

Embry,  In  re,  7  C.  L.  O.  5,  Copp's  Min.  Lands  241  271. 

Emerson,  In  re,  29  L.  D.  611. . .  .273, 276. 

Emerson  v.  McWhirter,  133  Cal.  510,  65  Pac.  1036,  21  Morr.  470. . .  .251,254,256,258. 

Emerson  v.  Yosemite  Gold  Min.,  etc.,  Co.,  149  Cal.  50,  85  Pac.  122   251,254,273. 

Emily  Lode,  In  re,  6  L.  D.  220. ..  .241,243,245,348,350,354. 
Emmons V.  United  States,  175  Fed.  514.... 296, 1322, 1323. 
Emmons  Min.  Co.,  In  re,  18  C.  L.  O.  254. . .  .395. 

Emperor  Wilhelm  Lode,  In  re,  5  L.  D.  685  366,607. 

Empire  Copper  Co.  v.  Henderson,  15  Idaho  635,  99  Pac.  127  96. 

Empire  Gold  &  Silver  Min.  Co.,  In  re,  5  C.  L.  O.  50. . .  .663,  687. 

Empire,  etc.,  Min.  Co.  v.  Tombstone,  etc.,  Min.  Co.,  100  Fed.  910,  20  Morr.  443  61,82,141,144,150,151. 

Empire,  etc.,  Min  Co.  v.  Tombstone,  etc.,  Min.  Co.,  (C.  C.)  131  Fed.  339  59,63,82. 

Empire  State,  etc.,  Min.,  etc.,  Co.  v.  Bunker  Hill  Min.,  etc.,  Co.,  114  Fed,  417, 52  CCA.  219, 22  Morr,  104  

67, 85, 86, 89, 131 , 135, 148, 155, 156, 157, 494. 
Empire  State,  etc.,  Min.,  etc.,  Co,  v.  Bunker  Hill,  etc.,  Min.,  etc.,  Co.,  114  Fed.  420,  52  C  C.  A.  222,  22 

Morr.  132....  303. 

Empire  State,  etc.,  Min.,  etc.,  Co.  v.  Bunker  Hill,  etc.,  Min.,  etc.,  Co.,  121  Fed.  973,  58  C  C.  A.  311,  22 

Morr.  560. . .  .113, 139, 157, 589, 592. 
Empire  State,  etc.,  Min.,  etc.,  Co.  v.  Bunker  Hill,  etc.,  Min.,  etc.,  Co.,  131  Fed.  591,  66  C.  C.  A.  99. . .  .57, 

67, 83, 85, 86, 89, 113, 135, 142, 150, 155, 156, 157, 183, 186, 259, 270. 
Empire  State,  etc.,  Min.,  etc.,  Co.  v.  Hanley,  136  Fed,  99,  69  C.  C.  A.  87. . .  .479. 
Empy,  In  re,  10  C.  L.  0. 102. . .  .65, 322, 465. 

Engineer  Min.,  etc.,  Co.,  8  L.  D.  361, 16  C.  L.  O.  39.... 51, 113, 305, 326, 587, 588, 

English  V.  Johnson,  17  Cal.  108,  76  Am.  Dec.  574,  12  Morr,  202. . .  .117,186,194,218,538,648. 

English  V.  United  States,  116  Fed.  625,  54  C  C,  A,  81.... 1312, 1327, 1324, 1338. 

Enterprise  Min.  Co.  v.  Rico-Aspen,  etc.,  Min.  Co.,  167  U,  S,  108, 17  S.  Ct.  762,  42  L,  ed,  96.... 68,  70,  96, 

138, 166, 167, 168, 169, 171 , 172, 173, 174, 175, 335, 371 , 378, 380, 419, 430, 438, 442, 445, 446, 448, 470. 
Enterprise  Min.  Co.  v,  Rico-Aspen,  etc.,  Min.  Co.,  53  Fed,  321  170, 

Enterprise  Min.  Co.  v.  Rico-Aspen,  etc.,  Min,  Co,,  66  Fed,  200, 13  C.  C.  A.  390. . .  .65, 165, 166, 168, 169, 170, 172, 

311 , 378, 426, 430, 437, 442, 446, 470. 
Erhardt  v.  Boaro,  113  U.  S.  527,  5  S.  Ct.  560,  28  L.  ed.  1113,  5  Morr.  472....  12, 14, 65, 66, 70, 71, 72, 77, 82, 89, 

96, 181 , 188, 190, 191 , 192, 200, 202, 203, 217, 219, 229, 233, 236, 260, 272, 461 , 510, 530. 
Erhardt  v,  Boaro,  8  Fed.  692,  3  McCrary  19. . .  .117. 
Erie  Lode  v.  Cameron  Lode,  10  L.  D.  655,  17  C,  L.  O.  74. . .  .361. 

Erwin  v.  Perego,  93  Fed.  608,  35  C.  C.  A.  482.... 69, 71, 72, 87, 96, 180, 219, 307, 437, 448, 459, 507. 
Escott  V.  Crescent  Coal,  etc.,  Co.,  56  Oreg.  190,  106  Pac.  452  179. 

Esler  V.  Townsite  of  Cooke,  4  L.  D.  212,  2  Copp's  Pub.  Land  Laws  1024. . .  .600, 1355, 1368, 1374. 
Esperance  Min.  Co.,  In  re,  10  C.  L.  O.  338,  1  Brainard's  Leg.  Prec.  412.... 527, 530, 535, 542. 
Etliug  V.  Potter,  17  L.  D.  424. ..  .78,79,197,316,510,843, 
Eureka  Case,   See  Eureka  Consol,  Min,  Co,  v,  Richmond  Min.  Co. 

Eureka  Consol.  Min.  Co.  v.  Richmond  Min.  Co.,  8  Fed.  Cas.  819,  4  Sawy.  302,  9  Morr.  578.... 36, 37, 38, 40, 
44, 47, 80, 107, 108, 119, 129, 154, 157, 160, 371, 373, 381, 412, 413, 415, 437, 494, 519, 582, 645, 646, 647, 648,649,650,651 , 
652, 661 , 662, 664 , 665 , 697 , 701 , 703. 

Eureka  &  Excelsior  Consol.  Gold  Min.  Co.,  In  re,  24  L.  D.  512  422,575. 


TABLE  OF  CASES. 


1423 


Eureka  Min.  Co.,  In  ro,  Copp's  Min.  Dec.  KUi,  Sickols'  Min.  L.  &  D.  220  713. 

Eurekix  Min.  Co.  v.  Jenny  l>in(l  Min.  Co.,  Copp's  Min.  Ivands  124  717. 

Kiueka  Min.  Co.  v.  Pioneer  Consol.  Min.  Co.,  8  C.  L.  O.  106. . .  .159,445,468. 
Eureka  &  Try  Again  Lode  Claims,  In  re,  29  L.  D.  158  303,974. 

Evalina  Gold  Min.  Co.  v.  Yosemite  Gold  Min.  Co.,  15  Cal.  App.  714, 115  Pac.  946.... 272, 274, 275, 278. 

Everest,  In  re,  14  C.  L.  O.  52. . .  .598,855. 

E vins.  In  re,  9  L.  D.  635. . .  .796, 797, 800. 

Extra  Lode  Claim,  In  re,  34  L.  D.  590. . .  .301,312. 

F. 

Fargo  Group  No.  2  Lode  Claims,  In  re,  37  L.  D.  404. . .  .347,348,404. 
Failey  v.  Valley  Min.,  etc.,  Co.,  58  Cal.  142. . .  .657. 

Farmington  Gold  Min.  Co.  v.  Rhymney,  20  Utah  363,  77  Am.  St.  913,  58  Pac.  832  198*  199, 203, 212, 217, 

227,229. 

Farrell  v.  Lockhai't,  210  U.  S.  142,  28  S.  Ct.  681,  52  L.  ed.  994,  16  L.  R.  A.  (N.  S.)  162. . .  .128,256,257,261, 

270, 282, 430, 431, 435, 465, 466, 467, 481, 495, 496. 
Faubel  v.  McFarland,  144  Cal.  717,  78  Pac.  261. . .  .274. 
Faxon  v.  Bai'nard,  4  Fed.  702,  2  McCrary  44,  9  Morr.  515. . .  .192,227,228,251. 

Faxon  v.  Barnard,  1  Colo.  145  158. 

Federal  Gold  Min.,  etc.,  Co.,  In  re,  29  L.  D.  71. . .  .486,492. 
Fee  V.  Dui-ham,  121  Fed.  468,  57  C,  C.  A.  584. . .  .89, 269. 

Ferguson  v.  Belvoii-,  etc.,  Min.  Co.,  14  L.  D.  43, 18  C.  L.  O.  242. . .  .266,268,296,313. 

Ferguson  v.  Hanson,  21  L.  D.  336. . .  .349,359,360,393. 

Ferguson  v.  Min.  Co.   See  Ferguson  v.  Belvoir,  etc.,  Min.  Co. 

Ferguson  v.  Neville,  61  Cal.  356. . .  .30,31. 

Ferguson  v.  Northern  Pac.  R.  Co.,  33  L.  D.  634. . .  .1181. 

Ferrell  v.  Hoge,  18  L.  D.  81.... 66, 308, 510, 512, 513, 515, 516, 529, 539, 540, 1358. 

Ferrell  v.  Hoge,  27  L.  D.  129.. . .18,247,317,393,539. 

Ferrell  v.  Hoge,  29  L.  D.  12....  11, 63, 316, 513, 529, 533, 539, 541, 543, 544, 673, 1332. 

Ferris  v.  McNally,  45  Mont.  20, 121  Pac.  889. . .  .13, 64, 79, 96, 114, 233. 

Ferry  v.  Street,  4  Utah  521,  7  Pac.  712, 11  Pac.  571. . .  .295. 

Fickett,  In  re,  Sickels'  Min.  L.  &  D.  487. . .  .674,690. 

Field  V.  Grey,  1  Ariz.  404,  25  Pac.  793. . .  .90, 93, 117, 186, 1088. 

Field  V.  Tanner,  32  Colo.  278,  75  Pac.  916. . .  .272, 288. 

Filer,  In  re,  36  L.  D.  360. . .  .730, 731, 758, 759, 760, 779. 

First  National  Gold  Min.  Co.  v.  Altvater,  149  Fed.  393,  79  C.  C.  A.  213.. -.237, 448. 
Fisher  v.  Brown,  70  Fed.  570,  17  C.  C.  A.  225. . .  .1349. 
Fisher  v.  Seymour,  23  Colo.  542,  49  Pac.  30. . .  .271, 375, 436. 

Fish  &  Hunter  Co.  v.  New  England  Homestake  Min.  Co.,  28  S.  Dak.  588  280. 

Fissure  Min.  Co.  v.  Old  Susan  Min.  Co.,  22  Utah  438,  63  Pac.  587,  21  Morr.  125. . .  .166, 168, 169, 246, 249. 
Fitzgerald  v.  Clark,  17  Mont.  100,  52  Am.  St.  665,  42  Pac.  273,  30  L.  R.  A.  803.  ...39,64,75,81,106,114,127, 

134, 135, 136, 141, 143, 145, 147, 151. 

Fitzpatrick  v,  Montgomery,  20  Mont.  181,  50  Pac.  416,  63  Am.  St.  622   940. 

Flagstaff  Silver  Min.  Co.  v.  Tarbet,  (Utah,  1878). . .  .138, 139, 145. 

See  Mining  Co.  v.  Tarbet. 
Flaherty  v.  Gwinn,  1  Dak.  509, 12  Morr.  605. . .  .194. 

Flavin  v.  Mattingly,  8  Mont.  242,  19  Pac.  384....  198, 203, 227, 228, 229, 458, 460. 
Fleetwood  Lode,  In  re,  12  L.  D.  604. . .  .1283, 1284. 

Flick  V.  Gold  Hill,  etc.,  Copper  Min.  Co.,  8  Mont.  298,  20  Pac.  807.... 191,  458,  692. 

Florida  Central  &  Peninsular  R.  Co.,  26  L.  D.  600. . .  .8, 18, 19, 842, 1101, 1122, 1124, 1153, 1216, 1265, 1271, 1274. 
Floyd  V.  Montgomery,  26  L.  D.  122. . .  .243,  341,  345,  355,  356,  580,  830. 

Flynn  Group  Min.  Co.  v.  Murphy,  18  Idaho  266, 109  Pac.  851, 38  Am.  St.  201  87,  90,  91,  201,  202,  230,  458, 

Foley,  In  re,  Sickels'  Min.  L.  &  D.  68.. -.713. 

Foolkiller  Lode  Claim,  In  re,  35  L.  D.  595-  - .  .351. 

Foote,  In  re,  2  L.  D.  773,  10  C.  L.  O.  272. . .  -312,  578,  579,  666,  687. 

Foote,  In  re,  9  C.  L.  O.  113. . .  .531,  580. 

Foote  Lode,  In  re,  26  L.  D.  196. . .  .389. 

Forbes  v.  Gracey,  94  U.  S.  762, 24  L.  ed.  313, 14  Morr.  183. . .  .10,  24,  26,  32,  36,  51,  93,  97,  98,  122,  123,  160,  179, 

188,  408,  409,  610,  636. 
Forbes  v.  Gracey,  9  Fed.  Gas.  401. .-.113,  123,  126,  162,  274. 
Ford  V.  Campbell,  29  Nev.  578,  92  Pac.  206- .  -  .209,  210. 
Forsythe  v.  Weingart,  27  L.  D.  680. . .  .517,  518. 

Fort  Maginnis,  In  re,  1  L.  D.  552,  8  C.  L.  0. 137,  Copp's  Min.  Lands  310  3,  10,  15,  24,  36,  123, 127,  516. 

Foster,  In  re,  2  L.  D.  730, 10  C.  L.  O.  341. . .  .748,  749,  767,  989,  990. 
Foster,  In  re,  Copp's  Min.  Lands  337  726,  1278. 

Four  Hundred  Twenty  Min.  Co.  v.  Bullion  Min.  Co.,  9  Fed.  Cas.  592,  3  Sawy.  634, 11  Morr.  608. . .  .162,  381, 
432,  451,  460,  549,  551,  653,  654,  668,  719. 


1424 


TABLE  OF  CASES. 


Four  Hundred  Twenty  Min.  Co.  v.  Bullion  Min.  Co.,  2  C.  L.  O.  5,  Sickels'  Min.  L.  &  D.  145  648,  649, 

662,  663,  664,  668,  669,  718,  719. 
Four  Hundred  Twenty  Min.  Co.  v.  Bullion  Min.  Co.,  9  Nev.  240,  2  Morr.  114  162,  432,  453,  458,  460,  477, 

497,  549,  552,  669,  715,  719. 
Fox,  Tn  re,  4  C.  L.  O.  66,  Sickels'  Min.  L.  &  D.  433. . .  .725,  787,  788,  1280. 
Fox  V.  Mackay,  1  Alaska  329. . .  .379,  406. 
Fox  V.  Mutual  Min.,  etc.,  Co.,  31  L.  D,  59. . .  .303,  326,  328. 
Fox  V.  Myers,  29  Nev.  169,  86  Pac.  793. . .  .42,  47,  64,  67,  76,  77,  202. 

France,  Pontez  &  Co.  v.  Harrison  (Harrington),  5  C.  L.  O.  66,  Sickels'  Min.  L.  &  D.  49  180,  251,  261. 

Francoeur  v.  Newhouse,  40  Fed.  618, 14  Sawy.  358  421, 1100,  1101,  1102,  1106. 

Francoeur  v,  Newhouse,  43  Fed.  236. . .  .549, 1101, 1102, 1103,  1106, 1121. 
Frank  v.  Northern  Pac.  R.  Co.,  37  L.  D.  193. ..  .1181. 
Frank  v.  Northern  Pac.  R.  Co.,  37  L.  D.  502. . .  .1181. 

Frank  Gold,  etc.,  Min.  Co.  v.  Larimer  Min.,  etc.,  Co.,  8  Fed.  724,  1  Morr.  150  457,  458,  497. 

Frank  Hough  Min.  Co.  v.  Empire  Prince  Min.  Co.,  42  L.  D.  99       28, 101,  300,  404,  428,  440,  503,  583,  712. 

Frank  Oil  Co.  v.  Belleview  Co.,  29  Okla.  719, 119  Pac.  260. . .  .1017. 

Franklin  Lode,  In  re,  Copp's  Min.  Lands  82,  Copp's  Min.  Dec.  45   675. 

Franklin  Min.  Co.  v.  O'Brien,  22  Colo.,129,  43  Pac.  1016,  55  Am.  St.  118...  .272. 
Franklin  Silver  Min.  Co.,  In  re.   See  Franklin  Lode,  In  re. 
Frasher  v.  O'Connor,  115  U.  S.  102,  5  S.  Ct.  1141,  29  L.  ed.  311. . .  .854. 

Fredericks  v.  Klauser,  52  Oreg.  110,  96  Pac.  679  239,  242,  246,  285. 

Freeman,  In  re,  7  C.  L.  O.  4,  Sickels'  Min.  L.  &  D.  461. .  .  .596. 
Frees  v.  Colorado,  22  L.  D.  510. . .  .746,  1281. 

Freezer  v,  Sweeney,  8  Mont.  508,  21  Pac.  20, 17  Morr.  l^|Pb5,  209,  458,  508,  509,  513,  515,  518,  522,  1131. 
French  Lode,  In  re,  22  L.  D.  675. . .  .75,  366. 
Friend  v.  Oggshaw,  3  Wyo.  59,  31  Pac.  1047. . .  .703. 

Frisholm  v.  Fitzgerald,  25  Colo.  290,  53  Pac.  1109       82,  199,  205,  206. 

Frohner  v.  Rodgers,  2  Mont.  179. . .  .646,  684,  693,  695,  696,  701,  704. 

Frue,  In  re,  7  C.  L.  O.  20,  Copp's  Min.  Lands  267. . .  .427,  583. 

Fulkerson  v.  Chisna  Min.,  etc.,  Co.,  122  Fed.  782,  58  C.  C.  A.  582. . .  .120,  408,  831. 

Fuller  V.  Harris,  29  Fed.  814. . .  .115,  118,  195,  209,  211,  213,  526. 

Funk  v.  Sterrett,  59  Cal.  613. . .  .118,  183, 185. 

Fuss,  In  re,  5L.  D.  167.... 75. 

G. 

Gabathuler,  In  re,  15  L.  D.  418. . .  .105,  1190,  1228. 

Gaffney  v.  Turner,  29  L.  D.  470. . .  .250,  253,  466,  467,  547,  548,  552. 

Gagen  Quartz  Mine,  In  re.    See  Central  Pac.  R.  Co.  v.  Mineral  Affiants. 

Gallagher,  In  re.   See  Adelaide  Consol.  Silver  Min.,  etc.,  Co.,  In  re. 

Gallagher  v.  Gray,  35  L.  D.  90. . .  .1322,  1342. 

Games  v.  Chew  (C.  C),  167  Fed.  630. . .  .178. 

Gamer  v.  Glenn,  8  Mont.  371,  20  Pac.  654. . .  .198,  229,  230,  231. 

Garden  Gulch  Bar  Placer,  In  re,  38  L.  D.  28. . .  .535,  536,  537,  546. 

Garfield  Min.,  etc.,  Co.  v.  Hammer,  6  Mont.  53,  8  Pac.  153. . .  .50,  184,  453,  459,  476,  477. 

Garibaldi  v.  Grillo,  17  Cal.  App.  540. . .  .512. 

Garner  v.  Mulvane,  12  L.  D.  336. . .  .731,  733,  736,  759. 

Garrard  v.  Silver  Peak  Mines,  82  Fed.  578. . .  .231,  232,  242,  260,  396,  420,  851,  1203, 1271,  1272,  1286,  1287. 
Garrard  v.  Silver  Peak  Mines,  94  Fed.  983,  36  C.  C.  A.  603. . .  .421,  638,  854,  1201,  1271,  1286,  1287. 
Garthe  v.  Hart,  73  Cal.  541,  15  Pac.  93,  15  Morr.  492. . .  .25,  72,  88,  116,  123,  185,  264,  698,  1046. 
Garvey  v.  Elder,  21  S.  Dak.  77,  109  N.  W.  508,  130  Am.  St.  704.... 89. 
Gary  v.  Todd,  18  L.  D.  58. . .  .8,  842,  843,  845. 
Gary  v.  Todd,  19  L.  D.  475.... 1221. 
Gauger,  In  re,  10  L.  D,  221. . .  .400. 

Gavigan  v.  Crary,  2  Alaska  378. . .  .189,  386,  432,  453,  454,  502. 
Gear  v.  Ford,  4  Cal.  App.  556,  88  Pac.  600. . .  .239,  241,  242,  258. 
Geissler,  In  re,  27  L.  D.  515. . .  .834,  1212. 
Geleich  v.  Moriarity,  53  Cal.  217,  9  Morr.  498. . .  .215,  223,  694. 
Gem  Lode,  In  re,  Sickel's  Min.  L.  &  D.  335  674. 

Gemmell  v.  Swain,  28  Mont.  331,  72  Pac.  662,  98  Am.  St.  570,  22  Morr.  716. . .  .72,  79,  88,  97, 117,  703. 
General  Jackson  Placer,  In  re.   See  Bush,  In  re. 
Gentry,  In  re,  9  C.  L.  0.5...  .1331. 

Gentry  v.  United  States,  101  Fed.  51,  41  C.  C.  A.  185.... 1347,  1349. 

George,  In  re,  2  C.  L.  O.  114,  Copp's  Min.  Lands  178. . .  .702,  703,  709. 

Gerhauser,  In  re,  7  L.  D.  390, 15  C.  L.  O.  210,  6  Brainard's  Leg.  Prec.  362. . .  .544,  851. 

Germania  Iron  Co.  v.  James,  89  Fed.  811,  32  C.  C.  A.  348       75,  1221. 

Gerry  v.  Todd,  18  L.  D,  58.... 1221. 

Gest  V.  Packwood,  34  Fed.  368  612,  613. 

Ghost  V.  United  States,  168  Fed.  841,  94  C.  C.  A.  253. . .  .738,  742,  743,  746,  757,  758,  760,  761,  767,  777,  779. 


TABLE  OF  CASES. 


1425 


Giberson  v.  Wilson,  79  Ark.  591,  9G  S.  W.  137. . .  .385,  450,  458,  463,  466, 
Gibson,  In  re,  21  L.  D.  219. . .  .261,  305. 
Gibson,  In  re,  21  L.  D.  327. . .  .516,  517,  1331. 

Gibson  v.  Anderson,  131  Fed.  39,  65  C.  C.  A.  277. . .  .35,  968,  969,  1101. 
Gilbert,  In  re,  10  G,  L.  O.  256. . .  .360. 
Gilded  Age  Lode,  In  re.   See  Empy,  In  re. 
Gill,  In  re,  8  L.  D.  303. ..  .848,  849. 
Gill  V.  Webster,  110  Pa.  St.  313. . .  .8. 

Gillis  V.  DowTiey,  85  Fed.  483, 29  C.  C.  A.  286. . .  .56, 118, 160, 186, 193, 225, 250, 333, 334, 378,  404,  430,  462,  470, 

617,  &43,  644,  1089. 
GUlis  V.  Do^^^ley,  29  L.  D.  83. . .  .349,  386,  462. 

GiUis  V.  Stinchfleld,  159  U.  S.  658,  16  S.  Ct.  131. . .  .132,  163,  456,  457,  458,  592. 
Gilmer,  In  re,  Sickel's  Min.  L.  &  D.  252. . .  .136,  440,  444. 

Gilpin  V.  Sierra  Nevada  Consol.  Min.  Co.,  2  Idaho  662,  23  Pac.  547,  17  Morr.  310.... 136,  138,  141. 
Gilpin  County  Min.  Co.  v.  Drake,  8  Colo.  586,  9  Pac.  787. . .  .214,  226,  227,  229. 
Gilson  Asphaltum  Co.,  In  re,  33  L.  D.  612. . .  .326,  380,  392,  405. 
Girard  v.  Carson,  22  Colo.  345,  44  Pac.  508,  18  Morr.  346       51,  88,  109. 

Gird  V.  California  Oil  Co.,  60  Fed.  531 , 18  Morr.  45. . . .  193, 202, 203, 204, 206, 209, 211, 215, 216, 237, 243,  245,  246, 

247,  266,  450,  509,  519,  527,  536,  537,  1173. 
Giroux  v.  Scheurman,  23  L.  D.  546  377. 

Glacier  Mountain  Silver  Min.  Co.  v.  Wallis,  127  U.  S.  471,  8  S.  Ct.  1214,  32  L.  ed.  173, 17  Morr.  127. . .  .90,  97, 

123,  166,  173,  230,  549,  552,  706. 
Gladys  A.  Min.  Co.  v.  Gross,  24  L.  D.  349. . .  .^^^9. 
Glassner,Inre,39  L.  D.462....822,999.  W 

Gleesonv.  Martin  White  Min.  Co.,  13  Nev.  442, 9  Morr.  529.... 27,  53,  61,  79,  92,  104,  114,  182, 191,  193,  195, 
202,  204, 207, 209, 211, 212, 215,216, 217,  219,  220, 221,222, 223, 224, 226, 227, 232, 233, 310, 530, 651, 684,  685, 
692,694,695,  696,701,702. 

Godfrey  v.  Faust,  18  S.  D.  567, 101  N.  W.  718. . .  .235, 236, 239,  243,  246, 247. 

Goetjen,  In  re,  32  L.  D.  209. . .  .1168, 1172. 

Gohres  v.  Illinois,  etc.,  Min.  Co. ,  40  Oreg.  516,  67  Pac.  666. . .  .90,  91, 173. 
Goldberg  v.  Bruschi,  146  Cal.  708,  81  Pac.  23. . .  .176,  258,  265,  266. 

Gold  Blossom  Mine,  In  re,  2  L.  D.  767  404. 

Gold  Blossom  Quartz  Mine,  In  re.   See  Harrison,  In  re. 
Gold  Dirt  Lode,  In  re.   See  Peck,  In  re. 

Golden  v.  Murphy,  31  Nev.  395, 103  Pac.  394, 105  Pac.  99. . .  .23, 38,  75,  77,  123  ,  650,  1355,  1356,  1363,  1369, 
1378. 

Golden  Chief  "A"  Placer  Claim,  In  re,  35  L.  D.  557        514,  541,543, 545. 

Golden  and  Cord  Mining  Claims,  In  re,  31  L.  D.  178. . .  .247,  255,  274,  279,  391. 
Golden  Crown  Lode,  In  re,  32  L.  D.  217. . .  .301, 304. 

Golden  Cycle  Min.  Co.  v.  Christmas  Gold  Min.  Co.,  204  Fed.  939  . .  .119, 134. 
Golden  Empire  Min.  Co.,  In  re.  36  L.  D.  561 . . .  .312, 389,  579,  848,  853. 

GoldenFleeceGold,etc.,Min.Co.  V.  Cable  Consol.  Gold, etc.,  Min.  Co.,  12  Nev.  312,1  Morr.  120  2,63,92, 

93,  100, 104,  143,  146,  148,  182,  193,  194,  195,  207,  209,  210,  216,  217,  219,  221,  223,  224,  233  ,  451,  458,  460  ,  477, 
480,  491. 

Golden  Link  Min.,  etc.,  Co.,  In  re,  29  L.  D.  384. . .  .69, 109, 118, 394. 

Golden  Reward  Min.  Co.  v.  Buxton  Min.  Co.,  79  Fed.  868, 38  C,  C.  A,  228. . .  .90,  295,  296, 357, 381,  417,  431, 

436,  439,  440,  448. 
Golden  Rule,  etc.,  Co.,  In  re,  37  L.  D.  95. . .  .578,  579,  580. 
Golden  Sun  Min.  Co.,  In  re,  6  L.  D.  808, 10  C.  L.  O.  85. . .  .280, 339, 340,  533. 
Golden  Terra  Min.  Co.  v.  Smith  (Mahler),  2  Dak.  377,  4  Morr.  390. . .  .38,  72,  88. 

Gold  Hill,  etc.,  Min.  Co.  v.  Ish,  5  Oreg.  104, 11  Morr.  635. . .  .403,  636,  637,  638,  640,  641,  644,  654,  662,  1195. 
Gold  Hill  Tmmel  Gold,  etc.,  Min.  Co.,  In  re  Copp's  Min.  Dec.  165   662. 

Gold  Springs  &  Denver  City  Mill  Site,  In  re,  13  L.  D.  175,  18  C.  L.  O.  123. . .  .594,  595,  600,  602,  604. 

Goldstein  v.  Juneau  Townsite,  23  L.  D.  417. . .  .75,  253,  313,  318,  331,  872,  1356,  1359,  1379,  1380,  1381. 

Gold  Washing  ,etc.,  Co.  v.  Keyes,  96  U.  S.  (8  Otto)  199. . .  .621. 

Goller  v.  Fett,  30  Cal.  481, 11  Morr.  171. . .  .123,  125. 

Gonu  v.  Russell,  3  Mont.  358. . .  .251,  264,  267. 

Good  V.  West  Mm.  Co.,  154  Mo.  App.  591,  136  S.  W.  241.... 940. 

Good  Return  Min.  Co.,  In  re,  4  L.  D.  221, 12  C.  L.  O.  214. . .  .74,  180,  235,  236,  238,  246,  247,  252,  271,  284,  323, 
324,  345,  346,  350,  353,  355,  500,  515,  522, 523,  533. 

Goodwin  v.  McCabe,  75  Cal.  5S4, 17  Pac.  705  52. 

Gore  V,  McBrayer,  18  Cal.  582, 1  Morr.  645. . .  .55, 125, 278,  700. 
Gorlinski,  In  re,  20  L.  D.  283. . .  .578. 

Gorman  Min.  Co.,  v.  Alexander,  2  S.  Dak.  557,  51  N.  W.  346. . .  .9,  27,  29,  31, 92,  93,  111,  123,  458. 
Gowdy  V.  Connell,  27  L.  D.  56. . .  .367,  368,  369. 
Gowdy  V.  Connell,  28  L.  D.  240. . .  .365, 369. 


1426 


TABLE  OF  CASES. 


Gowdy  V.  Kismet  Gold  Min.  Co.,  22  L.  D.  624. . . .  187,  358,  359,  366,  381,  383,  384,  388,  490. 
Gowdy  V.  Kismet  Gold  Min.  Co.,  23  L.  D.  319.... 359. 

Gowdy  V.  Kismet  Gold  Min.  Co.,  24  L.  D.  191.... 75,  357,  358,  359,  366,  369,  381,  578,  580,  581,  830. 

Gowdy  V.  Kismet  Gold  Min.  Co.,  25  L.  D.  216  294,  359,  367,  381. 

Grafflin  v.  Navassa  Phosphate  Co.,  35  Fed.  474. . .  .859. 
Graham,  In  re,  40  L.  D.  128. . .  .403, 1048. 

Grampian  Lode,  In  re,  1  L.  D.  544,  9  C.  L.  O.  113       277,  279,  380,  382,  407,  435,  437,  445. 

Grampian  Silver  Mia.  Co.,  In  re.   See  Grampian  Lode,  In  re. 

Grand  Canyon  R.  Co.  v.  Cameron,  35  L.  D.  495  376,  462,  1189. 

Grand  Canyon  R.  Co.  v.  Cameron,  36  L.  D.  66  290,  314,  600. 

Grand  Central  Min.  Co.  v.  Mammoth  Min.  Co.,  29  Utah  490,  83  Pac.  648  32,  39,  47,  106,  131,  132,  154. 

Grand  Dipper  Lode,  In  re,  10  C.  L.  O.  240. . .  .85,  697. 
Grand  Island,  etc.,  R.  Co.,  In  re,  14  L.  D.  414.... 1189. 
Grandy  v.  Bedell,  2  L.  D.  314. . .  .830. 
Grassy  Gulch  Placer  Claim,  In  re,  30  L.  D.  191  514. 

Gray  Eagle  Oil  Co.  v.  Clarke,  31  L.  D.  303....  19,  1076,  1172,  1173,  1174,  1175,  1176,  1177,  1356. 
Gray  Eagle  Oil  Co.  v.  Clarke,  30  L.  D.  570. ...  19,  1172,  1175,  1176,  1177. 
Grayson  v.  Knight,  27  Cal.  507,  87  Am.  Dec.  95. . . .  1261. 

Great  Eastern  Min,  Co.  v.  Esmeralda  Min.  Co.,  2  L.  D.  704,  10  C.  L.  O.  192  380,  398,  470,  471,  488,  490. 

Greater  Gold  Belt  Min.  Co.,  In  re,  28  L.  D.  398. . .  .470,  486. 

Great  Western  Lode  Claim,  In  re,  5  L.  D.  510, 14  C.  L.  O,  27. . .  .360,  364,  377. 

Grecian  Bend  Gravel  Mine,  In  re.   See  Preston,  In  re. 

Greeley  Irrig.  Co.  v.  Von  Trotha,  48  Colo.  12, 108  Pac.  985.... 616. 

Green  v.  Gavin,  10  Cal.  App.  330,  101  Pac.  931. . .  .202,  217,  222,  526,  530,  543,  545. 

Green  v.  Grumbly,  Clark's  Mineral  Law  Digest,  346,  Department  Brief,  May  20, 1896   8. 

Green  v.  WiUiite,  14  Idaho  238,  93  Pac.  971. . .  .613,  622. 
Gregg,  In  re,  2  L.  D.  827. . . .  1342. 

Gregory  v.  Pershhaker,  73  Cal.  109, 14  Pac.  401, 15  Morr.  602. . .  .36, 37,  47,  54, 127, 181, 185, 195, 199, 214, 246, 
402,  508,  629. 

Gregory  Lode  Claim,  In  re,  26  L.  D.  144. . .  .567, 1381. 

Grenon  v.  Miller,  39  L.  D.  577. . .  .1342. 

Gribble  v.  Ballinger.   See  United  States  v.  Ballinger. 

Griffin,  In  re,  2  L.  D.  735. . .  .325,  407,  588. 

Griffin,  In  re,  2  L.  D.  736,  10  C.  L.  O.  306. . .  .395,  413. 

Griffin,  In  re,  11  L.  D.  231. ..  .394. 

Griffin  v.  American  Gold  Min.  Co.,  136  Fed.  69.... 872. 

Griffin  v.  Fellow,  81  Pa.  St.  114. .. .  1331. 

Griffin  v.  Pettigrew,  10  L.  D.  510. . .  .306. 

Cropper  v.  King,  4  Mont.  367,  1  Pac.  755. . .  .186,  642,  643,  715. 

Grosfield  v.  Nigger  Hill  Consol.  Min.  Co.,  14  L.  D.,  685. . .  .521,  523. 

Gross  v.  Hughes,  29  L.  D.  467. . .  .359,  365,  368,  377. 

Ground  Hog  Lode  v.  Parole  &  Morning  Star  Lodes,  8  L.  D.  430,  7  Brainard's  Leg.  Prec.  122  365, 377, 470. 

Grover  v.  Hawley,  5  Cal.  425. . .  .117. 

Grubbs  v.  United  States,  105  Fed.  314,  44  C.  C.  A,  513. . .  .1326. 
Grunsfeld,  In  re,  10  L.  D.  508,  17  C.  L.  O.  42. . .  .725,  777. 
Gruwell  v.  Rocca,  141  Cal.  417,  74  Pac.  1028. . .  .434,  453,  460,  461. 

Gullett  V.  Durango  Land  &  Coal  Co.,  26  L.  D.  413  735,  737. 

Gunn,In  re,  39  L.  D.  561. ..  .813,  814,  819,  962,  1391,  1392. 

Gunnison  Crystal  Min.  Co.,  In  re,  2  L.  D.  722,  11  C.  L.  O.  70. . .  .305,  310,  379,  393,  434,  481. 
Gimiey  v.  Brown,  32  Colo.  472,  77  Pac.  357       295,  405. 

Gutierres  v.  Albuquerque  Land,  etc.,  Co.,  188  U.  S.  545,  23  S.  Ct.  338. . .  .617,  947. 

Gwillim  V.  Donnellan,  115  U.  S.  45,  5  S.  Ct.  1110,  29  L.  ed.  348,  15  Morr.  482. . .  .51,  56,  62,  68,  69,  87,  88, 108, 
109,  111,  115, 118, 122, 137, 161, 163, 181, 186,  237,  261, 263,  307,  310, 357,  375,  405, 411,  413,  418, 430,  436,  448, 
462,  463,  465,  469,  479,  480,  486. 

Gypsum  Placer  Claims,  In  re,  37  L,  D,  484. . .  .383,  386,  449,  461,  491, 1000, 1186. 

H. 

Habersham,  In  re,  4  L.  D.  282. . .  .373. 
Hagen  V.  Northern  Pac.  R.  Co.,  26  L.  D.  312. ..  .1123. 
Haggin  (Hurricane  Lode),  In  re.   See  Chavanne,  In  re. 
Haggin,Inre.   See  also  Hoggin,  In  re. 

Hagland,  In  re,  1  L.  D.  591,  9  C.  L.  0  .  5...  .373,  377,  380,  382,  470. 

Hagland,  In  re,  1  L.  D.  593,  9  C.  L.  O.  55  326,  327,  341, 403,  406,  407,  481. 

Hain  v.  Mattes,  34  Colo.  345,  83  Pac.  127       203,  235,  244,  245,  246,  248,  283,  349,  476. 

Hale,  In  re,  3  L.  D.  536,  12  C.  L.  O.  07. . .  .621. 
Hale,  In  re,  28  L.  D.  524. . .  .349. 

Hale,  In  re,  7  C.  L.  O.  115,  Copp's  Min.  Lands  290  285. 


TABLE  OF  CASES. 


1427 


Hall,  In  re,  2  L.  D.  814....  1349. 

Hall  V.  Equator,  etc.,  Min.  Co.,  11  Fed.  Cas.  222,  Morr.  Min.  Rights  282,  Carpenter's  Min.  Code  (3ed.),  p. 

65.... 100,  128,  132,  134,  137,  172,  184,  322,  372,  411,  419,  426,  589,  591. 
Hall  V.  Halo,  8  Colo.  351,  8  Pac.  580. . .  .284. 

Hall  V.  Kearney,  18  Colo.  505,  33  Pac.  373.... 236,  243,  244,  246,  252. 

Hall  V.  Litchfield,  2  C.  L.  O.  179,  Copp's  Min.  Lands  333.... 787,  834,  1195,  1197,  1206,  1210,  1239, 1240, 1246, 

1251, 1253,  1254,  1255,  1256,  1266,  1267,  1268,  1271,  1273,  1281. 
Hall  V.  Litchfield,  3  C.  L.  O.  196,  Sickels'  Min.  L.  &  D.  434.... 1206,  1242,  1280. 
Hall  V.  McKinnon,  193  Fed.  572,  113  C.  C.  A.  440.... 64,  65,  70,  73,  224,  527,  529,  535,  536,  539,  540. 
Hall  V.  Mining  Co.   See  Hall  v.  Equator  Min.,  etc.,  Co. 
Hall  V.  Street,  3  L.  D.  40,  11  C.  L.  O.  146.... 306. 
Halleck  v.  Traber,  23  Colo.  14,  40  Pac.  110,  18  Morr.  360. . .  .259. 

Hallett  ik  Hamburg  Lodes,  In  re,  27  L.  D.  104. . .  .85,  157,  231,  339,  357,  359,  365,  366,  367,  368,  384,  386. 
Hallowell,  In  re,  2  L.  D.  735,  11  C.  L.  O.  102.... 764. 
Halsey  v.  Hewitt,  5  C.  L.  O.  162.... 449,  493. 

Hamburg  Min.  Co.  v.  Stephenson,  17  Nev.  449,  30  Pac.  1088. . .  .458,  597,  710. 

Hamill,  In  re,  1  C.  L.  O.  83,  Copp's  Min.  Lands  140. . .  .635,  643,  647. 

Hamill,  In  re.   See  also  Terrible  v.  Gunboat. 

Hamilton  v.  Anderson,  19  L.  D.  168. . .  .743,  745,  746,  747,  841. 

Hamilton  v.  Hudson,  21  Mont.  9,  53  Pac.  101, 19  Morr.  274. . .  .184. 

Hamilton  v.  Mining  Co.   See  Hamilton  v.  Southern  Nevada  Gold  &  Silver  Min.  Co. 

Hamilton  v.  Southern  Nevada  Gold  &  Silver  Min.  Co.,  33  Fed.  562,  13  Sawy.  113, 15  Morr.  314  125,  291, 

332,  357,  375,  378,  380,  381,  395,  397,  442,  451,  550. 
Hammer  v.  Garfield  Min.,  etc.,  Co.,  130  U.  S.  291,  9  S.  Ct.  548,  32  L.  ed.  964. . .  .99, 198,  211,212,213,217,220, 

222,  226,  228,  230,  257,  258,  309,  443,  450,  452,  476,  477. 
Hammond  v.  Rose,  11  Colo.  524,  19  Pac.  466.... 619. 
Hand  v.  Cook,  29  Nev.  518,  92  Pac.  3. . .  .13,  577,  581,  830. 
Hansen  v.  Fletcher,  10  Utah  266,  37  Pac.  480.... 91,  227,  228,  229,  538,  648,  695. 
Hanson,  In  re,  38  L.  D.  169. . .  .389,  1234. 
Hanson,  In  re,  38  L.  D.  469. . .  .280,  353,  1038, 1234. 
Hanson  v.  Craig,  161,  Fed.  861,  89  C.  C.  A.  55.... 515,  545. 

Hanson  v.  Craig,  170  Fed.  62,  95  C.  C.  A.  338.... 13,  70,  78,  108,  109,  117,  515,  538,  545. 
Hard  Cash  &  Other  Mill  Site  Claims,  In  re,  34  L.  D.  325. . .  .602,  605. 

Hardenbergh  v.  Bacon,  33  Cal.  381, 1  Morr.  352  125. 

Hardesty,  In  re,  Copp's  Min.  Dec.  230. . .  .663. 

Hardin,  In  re,  1  L.  D.  597,  9  C.  L.  O.  63. . .  .1338,  1343,  1344. 

Hardt  v.  Liberty  Hill  Consol.  Min.,  etc.,  Co.,  27  Fed.  788,  11  Sawy.  611  943. 

Hargrove  v.  Robertson,  15  L.  D.  499  595,  600. 

Harkrader  v.  Carroll,  76  Fed.  474. . .  .259,  260,  262,  263,  414. 

Harkrader  v.  Goldstein,  31  L,  D.  87.... 293,  295,  331,  386,  470,  1048,  1227,  1356,  1371,  1380,  1381. 
Harnish  v.  Wallace,  13  L.  D.  108.... 34,  317,  748,  841,  844,  845. 
Harper,  In  re,  16  L.  D.  110. . .  .1330. 
Harper,  In  re,  23,  L.  D.  249. . .  .1220. 

Harper  v.  Hill,  159  Cal.  250,  113  Pac.  162,  1  Water  &  Min.  Cas.  585.... 54,  91,  92,  114,  135,  141,  142,  144,  214, 
280,  290. 

Harriet  Min.  Co.  v.  Phoenix  Min.  Co.,  9  C.  L.O.  165.... 115,  449. 

Harrington  v.  Chambers,  3  Utah  94,  1  Pac.  362.... 38,  42,  45,  69,  73,  75,  281,  649. 

Harris,  In  re,  28  L.  D.  90. . .  .798, 1227. 

Harris  v.  Diamond,  39  L.  D.  383. . .  .1173,  1174. 

Harris  v.  Equator  Min.,  etc.,  Co.,  8  Fed.  863,  3  McCrary  14, 12  Morr.  178. . .  .94, 124, 125, 170, 186, 548, 549, 551. 
Harris  v.  Helena  Gold  Min.  Co.,  29  Nev.  506.... 449,  450,  458. 
Harris  v.  Kellogg,  117  Cal.  484,  49  Pac.  708.... 92,  116,  258,  267,  832. 

Harrison,  In  re,  2  L.  D.  767,  11  C.  L.  O.  99.... 92,  178,  185,  189,  249,  380,  382,  391,  392,  394,  396,  406,  415,  797. 

Harrison,  In  re,  19  L.  D.  299. . .  .532,  625, 1226. 

Harrison,  In  re,  39  L.  D.  614. . .  .819, 1391. 

Harry  Livingston  Lode,  In  re,  7  L.  D.  319. . .  .22,  423. 

Harry  Lode  Mm.  Claims,  In  re,  41  L.  D.  403.... 35,  39,  40,  43,  46,  80,  81,  104,  510,  518,  557,  1046. 
Harsh,  In  re,  2  L.  D.  706,  10  C.  L.  O.  207. . .  .442,  492. 

Hartman  v.  Smith,  7  Mont.  19,  14  Pac.  648. . .  .594,  596,  598,  600,  602,  603,  1374. 
Hartman  v.  Warren,  76  Fed.  157,  22  CCA.  30,  note. . .  .758,  967,  968. 
Hartney  v.  Gosling,  10  Wyo.  346,  68  Pac.  1118,  98  Am.  St.  1005. . .  .55. 

Hartson,  In  re.  Copp's  Min.  Dec.  83  642. 

Hartwell  v.  Gammon,  10  N.  J.  Eq.  128. . .  .1331. 
Harvey,  In  re.  See  Virginia  Lode,  In  re. 
Harvey  v.  Ryan,  42  Cal.  626,  4  Morr.  490  194. 

Hastings  &  Dakota  R.  Co.  v.  Whitney,  132  U.  S.  357,  10  S.  Ct.  112,  33  L.  ed.  363. . .  .830,  1121. 
Hauck,  In  re,  10  L.  D.  391,  17  C.  L.  O.  56. . .  .850. 

Hauswirth  v.  Butcher,  4  Mont.  299,  1  Pac.  714. . .  .79, 198,  204,  216,  218,  220,  694,  695,  700,  703. 


1428 


TABLE  OF  CASES. 


Hawgood  V.  Emery,  22  S.  Dak.  573,  119  N.  W.  177,  133  Am.  St.  941.... 243,  246,  247,  275. 

Hawk,  In  re,  41  L.  D.  350. . .  .1219,  1220,  1223. 

Hawke,  In  re,  5  L.  D.  131,  14  C.  L.  O.  151.... 162,  435,  1375. 

Hawke  v.  Deffeback,  4  Dak.  20,  22  N.  W.  480.... 2,  5,  16,  51,  159,  165,  292,  315,  410,  411,  637,  640,  654,  672, 

685,  835,  1092,  1243,  1277,  1354,  1357,  1358,  1366,  1367,  1368,  1372,  1378. 
Hawkeye  Placer  v.  Gray  Eagle  Placer,  15  L,  D.  45  312,  439. 

Hawley  v.  Diller,  178  U.  S.  476,  20  S.  Ct.  986,  44  L.  ed.  1157. . .  .293,  295,  398,  750,  1175,  1176,  1183,  1322,  1391. 
Hawley  v.  Diller,  75  Fed.  946.... 1322. 

Hawley  Consol.  Min.  Co.  v.  Memnon  Min.  Co.,  2  C.  L.  0. 178,  Sicikels'  Min.  L.  &  D.  235  440,  443,  717. 

Haws  V.  Victoria  Copper  Min.  Co.,  160  U.  S.  303,  16  S.  Ct.  282,  40  L.  ed.  436.... 52,  68,  91,  92,  95,  196,  208, 
211,  213,  214,  216,  220,  253,  539,  832. 

Hayden  v.  Jamison,  15  L.  D.  276  20. 

Hayden  v.  Jamison,  16  L.  D.  537. . .  .20,  518,  844,  1329. 
Hayden  v.  Jamison,  24  L.  D.  403. . .  .518,  844,  1314,  1315,  1329. 
Hayden  v.  Jamison,  26  L.  D.  373. . .  .19,  20,  1122, 1329,  1330. 

Hayes  v.  Lavagnino,  17  Utah,  185,  53  Pac.  1029,  19  Morr.  485.... 36,  37,  38,  39,  66,  70,  75,  649,  661,  686,  693, 
1047. 

Haynes,  In  re,  7  C.  L.  O.  130. . .  .240,  284. 
Head,  In  re,  40  L.  D.  135. . .  .345,  536,  537,  544. 
Head  v.  Fordyce,  17  Cal.  149. . .  .831. 

Healey  v.  Rupp,  28  Colo.  102,  63  Pac.  319,  21  Morr.  117. . .  .66,  372. 

Healey  v.  Rupp,  37  Colo.  25,  86  Pac.  1015.... 71,  372,  381,  450,  482,  486. 

Hecla  Consol.  Min.  Co.,  In  re,  12  L.  D.  75,  17  C.  L.O.  270. . .  .595,  601,  604. 

Hecla  Consol.  Min.  Co.,  In  re,  14  L.  D.  11, 18  C.  L.  O.  255. . .  .603,  605. 

Hedges,  In  re,  32  L.  D.  520. . .  .1175,  1176. 

Heine  v.  Roth,  2  Alaska,  416. . .  .53,  58,  88,  184,  874. 

Heinze  v.  Boston  &  Montana  Min.  Co.,  30  Mont.  484,  77  Pac.  421. . .  .140. 

Helbert  v.  Tatem,  34  Mont.  3,  85  Pac.  733. . .  .365. 

Helena,  etc.,  Co.  v.  Dailey,  36  L.  D.  144. . .  .351,  372,  373,  375,  381,  463,  475,  599,  605,  606. 

Helena  Gold  &  Iron  Co.  v.  Baggaley,  34  Mont.  464,  87  Pac.  455  114,  183,  197,  233,  257,  436,  481,  482. 

Helena,  etc.,  Smelting,  etc.,  Co.,  In  re,  48  Fed.  609. . .  .616,  617,  621. 
Helmick,  In  re,  20  L.  D.  163. . .  .578. 

Helvetia  Lode,  In  re,  Copp  Min.  Lands  276,  Sickels'  Min.  L.  &  D.  37  54,  59,  60,  61,  108,  141,  145. 

Heman  v.  Griffith,  1  Alaska  264. . .  .206. 

Henderson  v.  Fulton,  35  L.  D.  652.... 37,  38,  39,  42,  43,  44,  46,  47,  54,  67,  80,  81,  94,  330,  518,  519,  557,  559, 
654,  661,  672,  690,  1330,  1331. 

Hendricks,  In  re,  Sickels'  Min.  L.  &  D.  464  608. 

Henley,  In  re,  9  L.  D.  178. . .  .685,  793,  794,  796,  799,  801. 
Henry,  In  re,  10  C.  L.  O.  102. ..  .85,  697. 

Hercules  Lode,  In  re.   See  International  Min.  &  Exchange  Co.,  In  re. 
Herman  v.  Chase,  37  L.  D.  590. . .  .3,  731, 1225,  1226. 
Hermocilla  v.  Hubbell,  85  Cal.  5,  26  Pac.  611. . .  .1203,  1286. 
Herron  v.  Eagle  Min.  Co.,  37  Oreg.  155,  61  Pac.  417. . .  .91. 
Hess  V.  Winder,  30  Cal.  349,  12  Morr.  217. . .  .94,  117,  118,  703. 

Hewitt,  In  re,  Copp's  Mia.  Lands  235,  Sickels'  Min.  L.  &  D.  238  471. 

Hext  V.  Gill,  L.  R.  7  Ch.  App.  699. . .  .1331. 

Heydenfeldt  v.  Daney,  etc.,  Min.  Co., 93  U.  S.  634,  23  L.  ed.  995,  13  Morr.  204. . .  .10,  415,  638,  1186,  1271,  1286, 
1275,  1289. 

Heydenfeldt  v.  Daney,  etc.,  Min.  Co.,  10  Nev.  290. . .  .420,  421,  656,  1128,  1274,  1276,  1286. 

Hibour  v.  Reeding,  3  Mont.  15. . .  .55, 125,  278. 

Hickey,  In  re,  3  L.  D.  85,  11  C.  L.  O.  164. . .  .1360,  1365,  1375. 

Hickey,  In  re,  9  C.  L.  O.  163. . .  .341,  580. 

Hickey  v.  Anaconda  Copper  Min.  Co.,  33  Mont.  46,  81  Pac.  806. . .  .50,  92,  197,  207,  445,  458,  494,  551,  589. 
Hickey  v.  Parrot  Silver  &  Copper  Co.,  25  Mont.  164,  64  Pac.  330. . .  .239. 
Hicks  V.  Bell,  3  Cal.  220. ..  .9. 

Hidden  Treasure  Consol.  Quartz  Mine,  In  re,  35  L.  D.  485. . .  .75,  247,  323,  324,  325,  330. 
Hidden  Treasure  Lode,  In  re,  29  L.  D.  156. . .  .158,  346,  348,  407. 
Hidden  Treasure  Lode,  In  re,  29  L.  D.  315  348. 

Hidee  Gold  Mm.  Co.,  In  re,  30  L.  D.  420. . .  .57,  58,  83,  84,  86,  87,  93,  104,  147,  158,  290,  305,  325,  653. 
Higgins  V.  Houghton,  25  Cal.  252, 13  Morr.  195. . .  .1261,  1263. 
Higgins  V.  John  Gold  Min.  Co.,  14  C.  L.  O.  238. . .  .266,  462. 

Highland  Marie  &  Manilla  Lode  Min.  Claims,  In  re,  31  L.  D.  37. . .  .306,  346,  347,  348,  368,  398,  399. 
Hildt,  In  re,  28  L.  D.  194. . .  .477. 

Hill,  In  re,  Copp's  Min.  Lands  295,  Sickels'  Min.  L.  &  D.  393. . .  .240,  284,  285. 

Hill  V.  King,  8  Cal.  336,  4  Morr.  533. . .  .636. 

Hill  V.  Lenormand,  2  Ariz.  354,  16  Pac.  266. . .  .614,  658,  676, 

Himes  v.  Johnson,  61  Cal.  259. . .  .426. 


TABLE  OF  CASES. 


1429 


Hindman,  In  rc,  42  L.  D.  327. . .  .813,  814,  821. 

llirschlor  v.  McKcndricks,  16  Mont.  211,  40  Pac.  290. . .  .251,  252,  267,  269. 

Hirschman,  In  rc.   See  War  Eagle  Mine,  In  ro. 

Hirshfcld  v.  Chrisman,  40  L.  D.  112. . .  .748,  m,  1045, 1047,  1048,  1077. 

Hoban  v.  Boyer,  37  Colo.  18.5,  85  Tac.  837. . .  .91,  479,  480,  495,  496. 

Hobart  v.  Ford,  6  Nev.  77, 15  Morr.  236. . .  .657. 

Hobbs,  In  ro,  1  Copp's  Pub.  Land  Laws  161.... 725,  729,  1217. 

Hobbs,  In  re,  1  Copp's  Pub.  Land  Laws  369    846. 

Hobbs  V.  Amador,  etc.,  Canal  Co.,  66  Cal.  161,  4  Pac.  1147. . .  .940. 

Hodgen  v.  California,  1  C.  L.  O.  135,  Sickels'  Min.  L.  &  D.  405. . .  .1262, 1281. 

Hoffman  v.  Beecher,  12  Mont.  489,  31  Pac.  92,  17  Morr.  503. . .  .220,  226,  432,  444,  459,  476,  477. 

Hoffman  v.  Venard,  14  L.  D.  45,  18  C.  L.  O.  279. . .  .231,  292,  307,  311,  368,  439. 

Hogan  &  Idaho  Placer  Min.  Co.,  In  re,  34  L.  D.  42. . . .514,  530,  532,  541,  557. 

Hodgen,  In  re,  1  C.  L.  O.  135. . .  .788,  1259,  1262. 

Hoge  V.  Eaton,  135  Fed.  411 .. .  .610,  617. 

Hoggin  (Hurricane  Lode),  In  re,  2  L.  D.  755, 11  C.  L.  O.  102. . .  .605,  606. 

Holdt  V.  Hazard,  10  Cal.  App.  440,  102  Pac.  540. . .  .32,  73,  76,  92,  184,  201,  222,  231. 

HoUaday  Coal  Co.  v.  Kirker,  20  Utah  192,  57  Pac.  882. . .  .763. 

Holland  v.  Mt.  Auburn  Gold  Quartz  Min.  Co.,  53  Cal.  149,  9  Morr.  497. . .  .215,  223,  224,  694,  695. 
Holman  v.  Central  Montana  Mines  Co.,  34  L.  D.  568. . .  .101,  301,  365,  367,  381. 
Holmanv.  Utah,  41  L.  D.  314. . .  .18,  20,  21. 
Holmes  v.  Kinsey,  40  L.  D.  557. . .  .1392,  1393. 

Holmes  v.  Salamanca  Gold  Min.,  etc.,  Co.,  5  Cal.  App.  659,  91  Pac.  160  251. 

Holmes  Placer,  In  re,  29  L.  D.  368. . .  .320,  544. 

Holmes  Placer  Claim,  In  re,  26  L.  D.  650. . .  .320,  322. 

Holter  V.  Northern  Pac.  R.  Co.,  In  re,  30  L.  D.  442.... 16, 1153,  1156. 

Home  Min.  Co.,  In  re,  42  L.  D.  526. . .  .584. 

Homestake  Min.  Co.,  In  re,  29  L.  D.  689. . .  .54,  55,  57,  64,  106,  334,  409. 
Honaker  v.  Martin,  11  Mont.  91,  27  Pac.  397. . .  .66,  248,  254,  267,  269,  698. 
Hook  V.  Latham,  11  L.  D.  425,  17  C.  L.  O.  185. . .  .490. 

Hooper,  In  re,  1  L.  D.  560,  8  C.  L.  O.  120,  Copp's  Minn.  Lands  309  2,  8,  12,  16, 17,  19,  96,  332,  688. 

Hooper  v.  Ferguson,  2  L.  D.  712, 10  C.  L.  O.  169. . .  .58,  314,  319,  523,  531,  532,  627,  745,  747. 

Hoover  v.  Sailing,  102  Fed.  716.. -.1170, 1318. 

Hoover  v.  Sailing,  110  Fed.  43,  49  C.  C.  A.  26.... 1311, 1318. 

Hopely  V.  McNeil,  20  L.  D.  87. ..  .383. 

Hope  Min.  Co.,  5  C.  L.  O.  116,  Sickels'  Min.  L.  &  D.  120. . .  .61,  63,  70, 106. 
Hope  Min.  Co.  v.  Brown,  7  Mont.  550, 19  Pac.  218. . .  .69, 165,  166,  168,  170, 172,  175. 
Hope  Min.  Co.  v.  Brown,  11  Mont.  370,  28  Pac.  732. ..  .166,  168,  169,  442. 
Hopkins,  In  re,  32  L.  D.  560. . .  .1390. 

Hopkins  v.  Butte  Copper  Co.,  29  Mont.  390,  74  Pac.  1081. . .  .458,  460,  476. 

Hopkins  v.  Noyes,  4  Mont.  550,  2  Pac.  280,  15  Morr.  287. . .  .117,  123,  124,  125,  184,  187,  643,  644,  655,  698,  701, 
1046. 

Horn  V.  Jones,  28  Cal.  202. . .  .636. 

Horsky  v.  Moran,  13  Mont.  250,  34  Pac.  360. . .  .499. 

Horsky  v.  Moran,  21  Mont.  345,  53  Pac.  1064. . .  .298,  417,  421,  423,  556,  558,  1363,  1365. 
Horst  V.  Shea,  23  Mont.  390,  59  Pac.  364. . .  .548,  640,  647,  655,  672,  674. 
Horswell  v.  Ruiz,  67  Cal.  Ill,  7  Pac.  197, 15  Morr.  488. . .  .50,  72,  88,  117,  1046. 
Horton,  In  re,  9  C.  L.  O.  121....  1212,  1264,  1273. 

Hosmer  v.  Wallace,  97  U.  S.  575,  24  L.  ed.  1130. . .  .22,  89,  1088,  1092,  1174. 
Hot  Springs  Cases,  In  re,  92  U.  S.  698,  23  L.  ed.  690. . .  .1199. 
Hough  V.  Hunt,  138  Cal.  142,  70  Pac.  1059,  94  Am.  St.  17. . .  .242. 
Houghton  V.  McDermott,  15  L.  D.  509. . .  .302,  303,  387,  846. 
Houtz  V.  Gisborn,  1  Utah  173,  2  Morr.  340. ..  .124. 
Howard,  In  re,  15  L.  D.  504. . .  .44,  51,  595,  599. 
Howe  V.  Parker,  190  Fed.  738,  111  C.  C.  A.  466. . .  .75. 
Howell  V.  Johnson,  89  Fed.  556. . .  .426,  614,  615,  617. 

Howeth  V.  SuUenger,  113  Cal,  547,  45  Pac.  841. . .  .63,  91,  217,  222,  223,  229,  280,  538. 

Hoyt,  In  re,  8  C.  L.  O.  71,  Copp's  Mm.  Lands  301. . .  .175,  283. 

Hoyt  V.  Russell,  117  U.  S.  401,  6  S.  Ct.  881 . . .  .191. 

Hoyt  V.  Weyerhaeuser,  161  Fed.  324,  88  CCA.  404. . .  .1314. 

Hudson  Min.  Co.,  In  re,  14  L.  D.  544. . .  .601,  606,  1220. 

Huerfano  Valley  Ditch  &  Reservoir  Co.,  In  re,  10  L.  D.  171, 17  C.  L.  O.  9  610. 

Hughes  V.  Devlin,  23  Cal.  501, 12  Morr.  241. . .  .126,  636. 
Hughes  V.  Florida,  42  L.  D.  401....  1332. 
Hughes  V.  Gilbert,  2  L.  D.  756. . .  .360. 

Hughes  V.  Ochsner,  26  L.  D.  540. . .  .286,  287,  307,  309,  314,  346,  350. 

Hughes  V.  Ochsner,  27  L.  D.  396. . .  .236,  303,  307,  314,  350,  353,  389,  399,  405,  557. 


1430 


TABLE  OF  CASES. 


Hughes  V.  Tipton,  2  L.  D.  334. . .  .373,  1315. 

Hulings  V.  Ward  Townsite,  29  L.  D.  21. . .  .1380,  1381.  1382. 

Hulst  V.  Doerstler,  11  S.  Dak.  14,  75  N.  W.  270. . .  .458. 

Humphreys  v.  Idaho  Gold  Mines  Dev.  Co.,  21  Idaho  126,  120  Pac.  823   227,  548,  551,  552. 

Hunt  V.  Bartholomew,  10  C.  L.  O,  293.... 7. 

Hunt  V.  Eureka  Gulch  Min.  Co.,  14  Colo.  451,  24  Pac.  550. . .  .122,  358,  364,  377,  381,  448. 

Hunt  V.  Patchin,  35  Fed.  816,  13  Sawy.  304. . .  .265,  271,  278,  302,  372,  396,  445. 

Hunter,  In  re,  5  C.  L,  O,  130,  Copp's  Min.  Lands  231. . .  .166,  169,  175,  176. 

Hunter,  In  re,  Copp's  Min.  Land  222. . .  .274,  706, 

Hurlbut,  In  re,  1  L.  D.  618. . .  .625. 

Hurlbut,  In  re,  5  C.  L.  0.5...  .625. 

Hurley,  In  re,  40  L.  D.  591 . . .  .813, 1233, 1392. 

Hurricane  Lode,  In  re,  See  Haggin,  In  re. 

Hussey,  In  re.   See  Kempton  Mine,  In  re. 

Hussey  Lode,  In  re,  5  L.  D.  93. . .  .87,  387,  390,  445. 

Hustler  and  New  Year  Lodes,  In  re,  29  L.  D.  668. . .  .57,  58,  81,  86, 121, 129,  137,  147,  148, 151, 157,  158. 

Hutchins,  In  re,  4  C.  L.  O.  142,  Copp's  Min.  Lands,  343. . .  .725,  754,  772,  777. 

Hutton  V.  Forbes,  31  L.  D.  325. . . .  1137. 

Hyde,  In  re.   See  "Wood  v.  Hyde. 

Hyde  v.  Shine,  199  U.  S.  62,  25  S.  Ct.  760.... 733. 

Hyman  v.  Wheeler,  29  Fed.  347,  15  Morr.  519. . .  .16,  37,  38,  39,  41,  42,  44,  45,  47,  48,  153,  154,  212. 

I. 

Iba  V.  Central  Association,  etc.,  5  Wyo.  355,  42  Pac.  20. . .  .432,  450,  453,  460,  462,  470,  477,  478,  481,  498,  499, 
500,501,575. 

Idaho  V.  Northern  Pac.  R.  Co.,  37  L.  D.  135. . .  .1126, 1127, 1151, 1152, 1154, 1156, 1158, 1181, 1182. 
Igo  Bridge  Extension  Placer,  In  re,  38  L.  D.  281. . .  .55,  100,  290,  528, 537. 
Illinois  Silver  Min.,  etc.,  Co.  v.  Raff,  7  N.  Mex.  336,  34  Pac,  544. . .  .47,  459. 
Independence  Lode,  In  re,  9  L.  D.  571, 16  C.  L.  O.  211. . .  .109,  328,  346,  377,  405. 
Independent  Quartz  Mine  Co.,  In  re,  11  C.  L.  O.  227,  2  Brainard's  Leg.  Prec.  322. . .  .342. 
Indiana  v.  Miller,  13  Fed.  Cas.  25,  3  McLean  151. . .  .1212, 1246. 

Indiana-Nevada  Min.  Co.  v.  Gold  Hills  Min.,  etc.,  Co.,  35  Nev.  158,  126  Pac.  965.... 465. 

Inez  Min.  Co.  v.  Kiimey,  46  Fed.  832. . .  .163,  257. 

Ingemarson  v.  Coffey,  41  Colo.  407,  92  Pac.  908. . .  .257. 

Instructions,  In  re,  1  L.  D.  687. . .  .340. 

Instructions,  In  re,  25  L.  D.  446. . .  .1153. 

Instructions,  In  re,  26  L.  D.  423. . .  .1153. 

Instructions,  In  re,  32  L.  D.  95. . .  .1186. 

Instructions,  In  re,  32  L.  D.  387. . . .  1390. 

Instructions— Timber  cutting.  In  re,  1  L.  D.  600. . .  .1311,  1315,  1324,  1325,  1328,  1339. 
International  Min.  &  Exchange  Co.,  In  re,  Copp's  Min.  Dec.  154. . .  .642, 663, 666, 685, 686, 687,  699,  721. 
Intervenor  Min.  Co.,  In  re.   See  Tilden  v.  Intervenor  Min.  Co. 
lola  Lode  Case,  In  re,  1  L.  D.  539  470. 

Iowa  Min.  Co.  v.  Bonanza  Min.  Co.,  6  C.  L.  O.  75,  Copp's  Min.  Lands  243  469. 

Iowa  Min.  Co.  v.  Bonanza  Min.  Co.,  16  Nev.  64  450. 

Ireland  v.  Henkle,  179  Fed.  993. . .  .737,  739,  776. 

Iron  Co.  V.  James.   See  Germania  Iron  Co.  v.  James. 

Iron  King  Mine  &  Mill  Site,  In  re,  9  L.  D.  201, 16  C.  L.  0. 135. . .  .603, 605. 

Iron  Ore  Lands,  In  re,  5  Op.  Atty.  Genl.  247  1083. 

Iron  Silver  Min.  Co.,  In  re,  11  C.  L.  O.  277,  2  Brainard's  Leg.  Prec.  366  598. 

Iron  Silver  Min.  Co.  v.  Campbell,  135  U.  S.  286, 10  S.  Ct.  765,  34  L.  ed.  155, 16  Morr.  218. . .  .172,  174,  292,  297, 
298,  307,  373,  374,  401,  417,  418,  421,  423,  424,  426,  430,  433,  441,  445,  448,  462,  475,  486,  565,  572,  575, 1183,  1361. 
Iron  Silver  Min.  Co.  v.  Campbell,  17  Colo.  267,  29  Pac.  513. . .  .130,  132,  385,  402,  411. 

Iron  Silver  Min.  Co.  v.  Cheesman,  116  U.  S.  529,  6  S.  Ct.  481,  29  L.  ed.  712. . .  .37,  41,  47,  107,  108, 136,  152,  559. 

Iron  Silver  Min.  Co.  v.  Cheesman,  8  Fed.  297,  2  McCrary  191, 9  Morr.  552. . .  .39, 41,  45, 107,  137,  153. 

Iron  Silver  Min.  Co.  v.  Elgin  Min.,  etc.,  Co.,  118  U.  S.  196,  6  S.  Ct.  1177,  30  L.  ed.  98, 15  Morr.  641. . .  .59,  61, 

62,  83,  85,  96,  110,  118,  129,  130,  134,  135,  144,  145,  146,  147,  148,  149,  151,  191,  214,  312,  651,  697,  703. 
Iron  Silver  Min.  Co.  v.  Mike  &  Star,  etc.,  Min.  Co.,  143  U.  S.  394,  12  S.  Ct.  543,  36  L.  ed.  201, 17  Morr.  436. . . 

57,  77,  78,  79,  384,  405,  414,  558,  559,  560,  561,  565,  574,  576,  746,  841,  1356. 
Iron  Silver  Min.  Co.  v.  Mike  &  Starr,  etc.,  Min.  Co.,  6  L.  D.  533,  15  C.  L.  0.  14. . .  .374,  380, 410,  470, 571,  574. 
Iron  Silver  Min.  Co.  v.  Murphy,  3  Fed.  368,  2  McCrary  121, 1  Morr.  548. . .  .105,  108,  118,  139. 
Iron  Silver  Min.  Co.  v.  Reynolds,  124  U.  S.  374  ,  8  S.  Ct.  598,  31  L.  ed.  466.... 77,  78,  154,  409,  556,  558,  559, 

560, 561,  562,  563,  566,  568, 571,  572,  1175. 

Iron  Silver  Min.  Co.  v.  Sullivan,  16  Fed.  830  555,  556,  557,  558,  565,  568,  572. 

Irwin,  In  re,  Copp's  Min.  Lands  90,  Sickels'  Min.  L.  &  D.  73  665. 

Irwin  V.  Phillips,  5  Cal.  140, 63  Am.  Dec.  113, 15  Morr.  178. . .  .618. 


TABLE  OF  CASES. 


1431 


Isaacs  V.  Barber,  10  Wash.  124, 38  Pac.  871,  45  Am.  St.  772. .  .Am,  (ilO,  (il?,  (i20,  fi;?6, 642,  660. 
Isolated  Tracts  Coal  Lands,  In  re,  41  L.  D.  448. . .  .821,  824. 
Isolated  Tracts  Coal  Lands,  In  re,  41  L.  I).  501. . .  .821,  824. 
Ison  V.  Nelson  Min.  Co.,  47  Fed.  199. .. .  1203. 

Ivanlioo  Min.  Co.  v.  Keystone  Consol.  Min.  Co.   See  Mining  Co.  v.  Consolidated  Min.  Co. 
Ivanpah  v.  Bullock  Min.  Claims.   See  Bullock  Min.  Claims,  In  re. 
Ivanpah  v.  Lizzie  Bullock  Claims,  7  C.  L.  0. 163. . .  .305. 

J. 

Jack  Pot  Lode  Min.  Claim,  In  re,  34  L,  D.  470. . .  .60,  64,  84,  409. 
Jacks,  In  re,  7  L.  D.  570. ..  .844. 

Jackson,  In  re,  2  L.  D.  36,  10  C.  L.  O.  240.... 795,  796. 

Jackson  v.  Dines,  13  Colo.  90,  21  Pac.  918. . .  .27,  209,  231,  478,  1144. 

Jackson  v.  Dyer,  8  C.  L.  O.  3       200,  278. 

Jackson  v.  Prior  Hill  Min.  Co.  19  S.  Dak.  453,  104  N.  W.  207.... 87,  257,  265. 

Jackson  v.  Roby,  109  U.  S.  440,  3  S.  Ct.  301,  27  L.  ed.  990. . .  .23,  66,  74,  178, 192,  195,  238,  241,  243,  245,  248, 
266,  433,  440,  448,  481,  482,  499,  501,  643. 

Jackson  v.  White  Cloud  Gold  Min.,  etc.,  Co.,  36  Colo.  122,  85  Pac.  639  101. 

Jackson  Min.  Co.,  In  re,  3  L.  D.  149,  11  C.  L.  O.  277. . .  .486,  492. 

Jacob,  In  re,  7  C.  L.  O.  83,  Sickels'  Min.  L.  &  D.  626. ...  19,  635,  639,  672,  685,  1134,  1313,  1314. 
Jacob  V.  Day,  111  Cal.  571,  44  Pac.  243.... 608,  614,  616,  619,  622. 
Jacob  V.  Lorenz,  98  Cal.  332,  33  Pac.  119.... 615,  616,  657,  659,  676. 
Jacobs,  In  re,  12  C.  L.  O.  158  311. 

Jacobson  v.  Bunker  Hill,  etc.,  Min.,  etc.,  Co.,  3  Idaho  126  (2  Idaho  863),  28  Pac.  396  123. 

Jacques  v.  Robinson,  7  C.  L.  O.  50,  Sickels'  Min.  L.  &  D.  260. . .  .327. 
James,  In  re,  9  C.  L.  O.  71  606. 

James  v.  Germania  Iron  Co.,  107  Fed.  597,  46  C.  C.  A  476. . . .75,  391. 

Jameson  v.  James,  155  Cal.  275, 100  Pac.  700. . .  .296,  422,  840. 

Jamie  Lee  Lode  v.  Little  Forepaugh  Lode,  11  L.  D.  391. . .  .28,  378,  470,  490. 

Jamieson  v.  Railway  Co.,  6  Scott  L.  R.  188  1331. 

Jamison  v.  Hayden,  15  L.  D.  276. . .  .518,  795,  844,  846,  1314,  1328. 

Jaw  Bone  Lode  v.  Damon  Placer,  34  L.  D.  72. . .  .303,  306,  399,  485,  489,  557,  563,  569. 

J.  C.  S.  Min.  Co.,  In  re,  41  L.  D.  369. . .  .364. 

Jefferson  Lime  Co.,  In  re,  41  L.  D.  288  466. 

Jefferson  Min.  Co.  v.  Anchoria-Leland  Min.,  etc.,  Co.,  32  Colo.  176,  64  L.  R.  A.  925,  75  Pac.  1070  111,  113, 

134,  149,  155,  157,  484. 

Jefferson  Min.  Co.  v.  Penn.  Min.  Co.,  1  C.  L.  O.  66,  Copp's  Min.  Lands  136. . .  .290,  714,  717. 

Jefferson-Montana  Copper  Mines  Co.,  In  re,  41  L.  D.  320. . .  .36, 38,  40,  43, 64, 67, 68,  75,  77. 

Jeffords  v.  Hine,  2  Ariz.  162;  11  Pac.  351, 15  Morr.  575. . .  .295. 

Jeffray,  In  re,  4  L.  D.  367,  12  C.  L.  O.  287.... 797,  801. 

Jemison,  In  re,  42  L.  D.  420.... 753  ,  760. 

Jenkins  v.  Seibel,  18  L.  D,  141. . .  .843,  846. 

Jenne,  In  re,  40  L.  D.  408. . .  .819,  820,  1238,  1391. 

Jennings  v.  Wood,  192  Fed.  507,  112  C.  C.  A.  657. . .  .1016, 1017, 1018, 1025. 

Jennison  v.  Kirk,  98  U.  S.  453,  25  L.  ed.  240,  4  Morr.  504. . .  .23,  66,  609,  610,  614,  615,  617,  620,  636,  640,  643, 
644,  657,  659,  661,  1117. 

Jenny  Lind  Min.  Co.  v.  Eureka  Min.  Co.,  Copp's  Min.  Lands  124,  Copp's  Min.  Dec.  169  364,  439,  692, 

710,  714,  716,  717,  718. 
Jeremy  v.  Thompson,  20  L.  D.  299. . .  .1202. 

Johnson  v.  White,  160  Fed.  901,  88  C.  C.  A.  83. . .  .25,  72,  73,  88,  93, 109, 117. 

John  Long  Lode  Claim,  In  re,  30  L.  D.  298  489. 

Johns  V.  Marsh,  15  L.  D.  196. ...  15,  313,  318,  319,  402,  744,  746. 
Johnson,  In  re,  33  L.  D.  593    320. 

Johnson,  In  re,  7  C.  L.  O.  35. . .  .61,  63,  106,  108,  138,  145,  150,  367. 
Johnson,  In  re,  9  C.  L.  O.  113   359. 

Johnson  v.  Bridal  Veil  Lumbering  Co.,  24  Oreg.  182,  33  Pac.  528  1313. 

Johnson  v.  California  Lustra!  Co.,  127  Cal.  283,  59  Pac.  595. . .  .4,  8, 16,  18, 19,  20,  78. 

Johnson  v.  Northern  Pac.  R.  Co.,  40  L.  D.  321. . .  .814,  815, 1391. 

Johnson  v.  South  Dakota,  17  L.  D.  411. . .  .761,  781. 

Johnson  v.  Young,  18  Colo.  625,  34  Pac.  173. . .  .205,  258,  260. 

Johnston  v.  Corson  Gold  Min.  Co.,  157  Fed.  145,  84  C.  C.  A.  593. . .  .1173. 

Johnston  v.  Harrington,  5  Wash.  73,  31  Pac.  316  20,  518. 

Johnston  v.  Morris,  72  Fed.  890, 19  C.  C.  A.  229. . .  .12,  838,  851,  853. 

Jolly,  In  re,  11  L.  D.  557. . .  .797,  800. 

Jones,  In  re,  2  L.  D.  35, 10  C.  L.  0. 104. . .  .796. 

Jones,  In  re,  3  L.  D.  176, 11  C.  L.  O.  260. . .  .793,  796, 1217. 

Jones  (Wm.),  In  re,  Copp's  Min.  Dec.  226  708,  709, 


1432 


TABLE  OF  CASES. 


Jones  V.  Adams,  19  Nev.  78,  6  Pac.  442,  3  Am.  St.  788. . .  .610,  614,  618,  620,  636,  659,  660. 
Jones  V.  Anderson,  82  Ala.  302,  2  So.  911. . .  .182. 

Jones  V.  Aztec  Land  &  Cattle  Co.,  34  L.  D.  115. . .  .15,  18,  841,  844,  847, 1313,  1316. 
Jones  V.  Driver,  15  L.  D.  514. . .  .34,  316,  745,  747,  843,  845. 
Jones  V.  Mackey,  42  L.  D.  487. . .  .800. 

Jones  V.  Pacific  Dredging  Co.,  9  Idaho  186,  72  Pac.  956  477. 

Jones  V.  Prospect  Mountain  Min.  Co.,  21  Nev.  339,  31  Pac.  642, 17  Morr.  530  46. 

Jones  V.  United  States,  137  U.  S.  202, 11  S.  Ct.  80. . .  .858,  859. 

Jones  V.  Wild  Goose  Min  &  Trading  Co.,  177  Fed.  95, 101  C.  C.  A.  349,  29  L.  R.  A.  (N.  S.)  392. . .  .58,  88,  91, 

92,111,114,116,122,184,264,269,393,510,538,954,957. 
Jordan,  In  re,  7  L.  D.  461,15C.  L.  O.  229. . .  .796. 
Jordan  v.  Duke,  4  Ariz.  278,  36  Pac.  896. . .  .87. 
Jordan  v.  Duke,  6  Ariz.  55,  53  Pac.  197. . .  .251,  267,  497. 

Jordan  v.  Idaho  Aluminum  Min.,  etc.,  Co.,  20  L.  D.  500       518,  842. 

Jost,Inre,  IOC.  L.  O.  293. . .  .793. 

Juanita  Lode,  In  re,  26  L.  D.  608. . .  .379,  389. 

Julia  Gold,  etc.,  Min.  Co.,  In  re.   See  Chollar  Potosi  Min.  Co.,  In  re. 

Juniata  Lode,  In  re,  13  L.  D.  715. . .  .422,  572,  575,  1373. 

Juno  &  Other  Lode  Claims,  In  re,  37  L.  D,  365. . .  .367,  368,  398. 

Jupiter  Min.  Co.  v.  Bodie  Consol.  Min.  Co.,  11  Fed.  666,  7  Sawy.  96,  4  Morr.  411  14,  37,  39,  56,  66,  70,  71, 

74,  78,  90,  91,  97, 108,  118, 128, 155,  193,  194,  195,  198,  209,  211,  213,  214,  217,  219,  220,  221,225,  227,  229, '230! 
231,  234,  237,  239,  243,  245,  246,  251,  255,  256,  266,  267,  519,  538,  685,  695,  696,  704,  899. 

Justice  V.  Alabama,  12  L.  D.  635.... 798,  800,  801. 

Justice  Min.  Co.  v.  Barclay,  82  Fed.  554. . .  .152, 153, 225, 236, 240, 242, 243, 245, 246, 250, 252, 257, 260, 267,  851. 
Justice  Min.  Co.  v.  Lee,  21  Colo.  260,  40  Pac.  44,  52  Am.  St.  216, 18  Morr.  220.... 417,  419,  422. 

K. 

Kahn  v.  Mining  Co.   See  Kahn  v.  Old  Telegraph  Min.  Co. 

Kahn  v.  Old  Telegraph  Min.  Co.,  2  Utah  174, 11  Morr.  645. . .  .146,  415. 

Kane  V.  Devine,  7  L.  D.  532....  17. 

Kannaugh  v.  Mining  Co.   See  Kannaugh  v.  Quartette  Min.  Co. 
Kannaugh  v.  Quartette  Min.  Co.,  16  Colo.  341, 27  Pac.  245  381,  437. 

Kansas  City  Min., etc.,  Co.  v.  Clay,  3  Ariz.  326,  29  Pac.  9.... 2,  95,  419,  420,  421,  564,  571,  625,  834,  836, 1201, 

1271, 1276, 1356, 1363, 1369, 1370. 
Kansas  Pac.  R.  Co.  v.  Atchison,  etc.,  R.  Co.,  112  U.  S.  414, 5  S.  Ct.  208,  28  L.  ed.  794. . .  .1111, 
Kansas  Pac.  R.  Co.  v.  Dimmeyer,  113  U.  S.  629,  5  S.  Ct.  566, 28  L.  ed.  1123. . .  .1111, 1121. 
Kavanaugh  v.  Flavin,  35  Mont.  133,  88  Pac.  764. . .  .257. 

Keely  v.  Ophir  Hill  Consol.  Min.  Co.,  169  Fed.  601,  95  C.  C.  A.  99. . .  .67, 137,413,444,446. 
Keen,  In  re,  34  L.  D.  49. . .  .780. 

Keller  V.  BuUington,  11  L.  D.  140.... 18, 795, 844, 1313. 

Keller  v.  Trueman,  15  Colo.  143, 25  Pac.  311 . . .  .114, 126, 143, 240, 478, 711. 

Kelso  V.  Janeway,  22  L.  D.  242. . .  .377. 

Kemp  V.  Starr,  5  C.  L.  0. 130,  Copp's  Min.  Lands  232. . .  .524, 625. 

Kemp  V.  Starr,  6  C.  L.  O.  3,  Copp's  Min.  Lands  234,  Sickels'  Min.  L.  &  D.  353.... 2, 16, 446, 1357. 
Kemp  ton  Mine,  In  re,  1  C.  L.  0. 178,  Copp's  Min.  Lands  124. . .  .290, 304, 711, 712, 714, 717. 
Kendall  v.  Hall,  12  L.  D.  419. . .  .729. 

Kendall  v.  San  Juan  Min.  Co.,  144  U.  S.  658,  12  S.  Ct.  779,  36  L.  ed.  583,  17  Morr.  475. . .  .59,  96,  190,  448, 
954,957,968. 

Kendall  v.  San  Juan,  etc.,  Min.  Co.,  9  Colo.  349,  12  Pac.  198. . .  .89,122,479,956. 

Kennedy,  In  re,  10  C.  L.  0. 150.... 70, 161. 

Kennedy  v.  Lonabaugh,  19  Wyo.  352,  117  Pac.  1079. . .  .734,736. 

Kennedy  Min.,  etc.,  Co.  v.  Argonaut  Min.  Co.,  189  U.  S.  1,  23  S.  Ct.  501,  47  L.  ed.  685. ..  .146,163. 
Keppler  v.  Becker,  9  Ariz.  234,  80  Pac.  334. . .  .450, 452, 479, 498. 

Kern  Oil  Co.  v.  Clarke,  30  L.  D.  550. . .  .19, 396, 747, 839, 1076, 1124, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1356. 
Kern  Oil  Co.  v.  Clarke,  31  L.  D.  288. . .  .19, 396, 748, 839, 1076, 1124, 1173, 1174, 1175, 1176, 1356. 
Kern  Oil  Co.  v.  Clotfelter,  30  L.  D.  583.... 19, 1172, 1175, 1176, 1177, 1356. 

Kern  Oil  Co.  v.  Crawford,  143  Cal.  298,  76  Pac.  1111,  3  L.  R.  A.  (N.  S.)  998.... 96, 202, 215, 217, 221. 
Kern  River  Co.,  In  re,  38  L.  D.  302. . .  .426,609, 613, 615. 
Kerr  v.  Carleton,  9  C.  L.  0. 193. . .  .777. 

Kerr  v.  Utah-Wyoming  Imp.  Co.,  10  C.  L.  O.  207, 1  Brainard's  Leg.  Prec.  287. . .  .737,775,776,777. 
Kerr  v.  Utah-Wyoming  Imp.  Co.,  2  L.  D.  727,  IOC.  L.  O.  255.... 727, 737, 772, 776. 

Ketchikan  Co.  v.  Citizens  Co.,  2  Alaska  120  618. 

Keystone,  In  re  (April  28, 1873). . .  .725. 
Keystone  Coal  Co.,  In  re,  109  Fed.  872  915. 

Keystone  Consol.  Min.  Co.  v.  California,  Copp's  Min.  Lands  101,  Copp's  Min.  Dec.  109   637,038,655,672, 

686, 689, 1083, 1084, 1259, 1260, 1261, 1262, 1376. 
Keystone  Consol.  Min.  Co.  v.  Ivanhoe  Min.  Co.   See  Mining  Co.  v.  Consolidated  Min.  Co. 


TABLE  OF  CASES. 


1433 


Keystone  Lode  &  Mill  Site  v.  Nevada,  15  L,  D.  259. . .  .007, 1271, 1286. 
Khern,  In  re,  G  L.  D.  580. . .  .312,544. 

Kielley  v.  Belcher  Silver  Miii.  Co.,  14  Fed.  Cas.  460,  3  Savvy.  437.... 242. 
Kift  V.  Mason,  42  Mont.  232, 112  Pac.  392. . .  .559,573. 
Kimball,  In  re,  3  C.  I>.  O.  50. . .  .739, 740. 
Kimberly  Placer,  In  re,  27  L.  D.  121.... 544. 

King  V.  Amy  &  Silversmith  Consol.  Min.  Co.,  152  U.  S.  222, 14  S.  Ct.  510, 38  L.  ed.  419, 18  Morr.  76. . .  .68,77, 

78, 81 , 82, 114, 118, 130, 136, 140, 144, 150, 151. 
King  V.  Amy  &  Silversmith  Consol.  Min.  Co.,  9  Mont.  543,  24  Pac.  200, 16  Morr.  38.. . .39,67,82,83,85,110, 

119, 129, 134, 135, 140, 143, 144, 146, 684. 
King  V.  Bradford,  31  L.  D.  108....  18, 19, 20, 520. 
King  V.  Edwards,  1  Mont.  235,  4  Morr.  480. . .  .642,899. 
King  V.  Thomas,  6  Mont.  409, 12  Pac.  865. . .  .1358, 13(>0, 1372. 
Kings  County  v.  Alexander.  See  Commissioners  of  Kings  County  v.  Alexander. 

King  Solomon  Tunnel,  etc.,  Co.  v.  Mary  Verna  Min.  Co.,  22  Colo.  App.  528,  127  Pac.  129  42,45,205. 

King  of  the  West,  In  re.   See  City  Rock  &  Utah  Claimants,  In  re. 
Kinkade  v.  California,  39  L.  D.  491 .. .  .318, 814, 815, 1393. 
Kinkaid,  In  re,  5  L.  D.  25, 13  C.  L.  O.  134. . .  .346, 353. 
Kioney  v.  Flemming,  6  Ariz.  263,  15  Pac.  723,  20  Morr.  13.... 230. 
Kinney  v.  Von  Bokern,  29  L.  D.  460. . .  .375, 386, 441, 493. 

Kinsley  v.  New  Vulture  Min.  Co.,  11  Ariz.  66,  90  Pac.  438,  110  Pac.  1135. . .  .242. 

Kirby  v.  Lewis,  39  Fed.  66. . .  .1120. 

Kirk  V.  Clark,  17  L.  D.  190. . .  .242, 243, 248, 263, 348, 350. 

Kirk  V.  Meldrum,  28  Colo.  453,63  Pac.  633,21  Morr.  393.... 87, 131, 476, 500, 537, 540. 
Knabe,  In  re,  8  L.  D.  74. . .  .793, 795, 797. 
Knapp,  In  re,  2  L.  D.  763. . .  .539. 

Knickerbocker  v.  Halla,  162  Fed.  318,  89  C.  C.  A.  298. . .  .275. 
Knickerbocker  v.  Halla,  177  Fed.  172, 100  C.  C.  A.  634. . .  .273,274,275. 
Knight,  In  re,  8  L.  D.  297,  2  Copp's  Pub.  Lands  800.... 794, 795, 796, 797, 799, 801. 
Knight,  In  re,  30  L.  D.  227. . .  .320. 

Knight  V.  United  States  Land  Association,  142  U,  S.  161, 12  S.Ct.258,35  L.  ed. 974.... 293, 296, 312, 421, 829. 
Kohyno  &  Fortima  Lodes,  In  re,  28  L.  D.  451 — 324.  • 

Kolachny  v.  Galbreath,  26  Okla.  772, 110  Pac.  902  1017. 

Kramer  v.  Settle,  1  Idaho  485,  9  Morr.  561. . .  .236,  243. 

Krogstad,  In  re,  4  L.  D.  564. . .  .31. 

Krohn,  In  re,  10  C.  L.  O.  322. . .  .511,  627. 

Kweah  Limestone  Ledge,  In  re.   See  Jacob,  In  re. 

L. 

Lacey  v.  Woodward,  5  N.  Mex.  583,  25  Pac.  785. . .  .267,  282,  722. 
Lackawanna  Placer  Claim,  In  re,  36  L.  D.  36. . .  .291,  297,  309,  329,  407. 
Ladda  v.  Hawley,  57  Cal.  51 ...  .25, 1342. 

La  Grande  Invest.  Co.  v.  Shaw,  44  Oreg.  416,  72  Pac.  795,  74  Pac.  919. . .  .71. 

Lake  Quicksilver  Min.  Co.,  In  re,  2  C.  L.  O.  130,  Sickels'  Min.  L.  &  D.  85. . .  .566,  711,  714. 

Lakin  v.  Dolly,  53  Fed.  333. . .  .63,  420,  421. 

Latiinv.  Roberts,  54  Fed.  461,  4  C.  C.  A.  438.... 506. 

Lakin  v.  Sierra  Buttes  Gold  Min.  Co.,  25  Fed.  337,  11  Sawy.  231. ..  .28,  246,  256,  261,  264,  271,  279,  375,  396. 
Lalande  v.  McDonald,  2  Idaho  (283)  307, 13  Pac.  347. . .  .50,  111,  458,  483. 

Lalande  v.  Townsite  of  Saltese,  32  L.  D.  211. . .  .1356, 1359, 1361, 1362, 1363, 1365, 1369, 1372, 1373, 1379, 1380, 
1381. 

LaUey,  In  re,  10  C.  L.  O.  55. . .  .795,  799,  800, 1217. 

Lamar  Canal  Co.  v.  Amity  Land  &  Irrig.  Co.,  26  Colo.  370,  58  Pac.  600,  77  Am.  St.  261  617. 

Lamb  v.  Northern  Pac.  R.  Co.,  29  L.  D.  102. . .  .1154, 1155, 1156. 
Lambard,  In  re.   See  Mt.  Pleasant  Mine,  In  re. 

Laney,  In  re,9  L.  D.  83. . .  .34,  403,  424,  573,  841, 1356,  1366, 1369, 1373. 

Lange  v.  Robinson,  148  Fed.  799,  79  C.  C.  A.  1. . .  .37,  42,  64,  67,  75,  76,  77,  78,  79,  81,  203,  512,  519,  909, 1044. 
Lannon  v.  Pinkston,  9  L.  D.  143. . .  .53,  532,  843. 
Largent,  In  re,  13  L.  D.  397. . .  .749,  750. 

Largey,  In  re,  17  C.  L.  O.  3. . .  .4,  92,  298,  311,  395,  424,  555,  556,  562,  563,  564,  565,  567,  569,  571,  572,  573,  834, 
1369. 

Largey  v.  Bartlett,  18  Mont.  265,  44  Pac.  962. . .  .271,  375. 
Largey  v.  Black,  10  L.  D.  156. . .  .17,  566. 

Larkin  v.  Upton,  144  U.  S.  19, 12  S.  Ct.  614,  36  L.  ed.  330, 17  Morr.  465. . .  .54,  66, 109, 147. 
Lamed  v.  Jenkins,  109  Fed.  100,  48  C.  C.  A.  252. . .  .456,  461. 

Lamed  v.  Jenkins,  113  Fed.  634,  51  C.  C.  A.  344,  22  Morr.  94. . .  .142,  442,  667, 1355, 1359, 1363,  1371, 1373. 
Larsen,  In  re,  10  C.  L.  O.  322. . .  .349. 
Larson,  In  re,  9  C.  L.  O.  2  37,  38,  74. 

56974° — Bull.  94,  pt.  2—15  39 


1434 


TABLE  OF  CASES. 


Lasey,  In  re.   See  Eldred  v.  Lasey. 

Lasley  v.  BrowneU,  199  Fed.  772. . .  .863,  864,  870. 

Last  Chance  Min.  Co.  v.  Tyler,  157  U.  S.  683, 15  S.  Ct.  733, 39  L,  ed.  859, 18  Morr.  205. . .  .82,  83,  143,  146,  148, 

151,  155,  298,  357,  384,  406,  418,  438,  454,  464,  470,  475,  484. 
LastChanceMin.  Co.  V.  Tyler  Min.  Co.,  61  Fed.  557, 9  C.  C.  A.  613...  .82,  83, 143, 145, 146,  147,  155,  174,  391, 

397,  398,  405,  411,  412,  415,  416,  417,  418,  424,  481. 
Last  Chance  Min.  Co.  v.  Bunker  Hill,  etc.,  Min.,  etc.,  Co.,  131  Fed.  579,  66  C.  C.  A.  299. . .  .24,  58,  62,  67,  87, 

106, 107, 113, 118, 121, 129, 137,  139, 140, 142, 148,  149, 150, 155,  156,  214,  219,  411,  417,  899. 
Late  Acquisition  Consol.  Min.  Co.,  In  re,  18  C.  L.  O.  208. . .  .381,  482. 
Latham,  In  re,  20  L.  D.  379. ..  .847. 

Laughing  Water  Placer,  In  re,  34  L.  D.  56  336,  530,  541,  542,  545. 

Lavagnino  v.  Uhlig,  198  U.  S.  443,  25  S.  Ct.  716, 49  L.  ed.  1119. . .  .57,  58, 59, 69, 90, 118, 183, 197,  254,  257,  262, 

263,  270,  271,  431,  436,  459,  465,  481,  495,  549,  580,  830,  831. 
Lavagnino  v.  Uhlig,  26  Utah  1,  99  Am.  St.  808,  71  Pac.  1046,  22  Morr.  610. . .  .27, 124,  125,  374,  381,  388,  452, 

580,  830. 

Lavinia  Lode,  In  re.   See  Tiernan  v.  Salt  Lake  Min.  Co. 
Law  V.  Utah,  29  L.  D.  623. . .  .1289. 

Lawson  v.  United  States  Mm.  Co.,  207  U.  S.  1, 28  S.  Ct.  15,  52  L.  ed.  65.... 40,  67,  68,  106, 129,  131,  137,  155, 
156, 162,  291,  384,  405,  413,  415,  438,  444,  446,  588,  591. 

Lawson  Butte  Consol.  Mine,  In  re,  34  L.  D.  655  246, 349. 

Leach  v.  Potter,  24  L.  D.  573. . .  .7,  75,  237,  316,  843. 
Lead  Mines,  In  re,  2  Op.  Atty.  Gen.  708. . .  .1198. 

Leadville  Min.  Co.  v.  Fitzgerald,  15  Fed.  Cas.  98,  4  Morr.  381.... 46, 107,  118,  130,  132,  140,  152,  153,  154. 

Learning  v.  McKenna,  31  L.  D.  318  1173. 

Leary  v.  Manuel,  12  L.  D.  345,  18  C.  L.  O.  53. . .  .31,  87,  396. 

Lease  of  Lead  Mines,  In  re,  4  Op.  Atty.  Gen.  93  1198, 

Lease  of  Lead  Mines,  In  re,  4  Op.  Atty.  Gen.  499  1040. 

Lease  of  Mineral  Lands,  In  re,  4  Op.  Atty.  Gen.  480. . .  .1040, 1194, 1195,  1197, 1199,  1215,  1240, 1244. 
Leavenworth,  etc.,  R.  Co.  v.  United  States,  92  U.  S.  733,  23  L.  ed.  634. . .  .1100. 

Lebanon  Min.  Co.  v.  Consolidated  Republican  Min.  Co.,  6  Colo.  371. . .  .23,  87,  89, 131, 158, 186, 215,  706. 

Lebanon  Min.  Co.  v.  Rogers,  8  Colo.  34,  5  Pac.  661  142,  667. 

Le  Clair  v.  Hawley,  18  Wyo.  23, 102  Pac.  853. . .  .982. 

Ledger  Lode,  In  re,  16  L.  D.  101. . .  .377. 

Ledoux  V.  Forester  (C.  C),  94  Fed.  600. . .  .78,  220, 224,  228. 

Lee  V.  Justice  Min.  Co.,  2  Colo.  App.  112, 29  Pac.  1020  28. 

Lee  V.  Stahl,  9  Colo.  208, 11  Pac.  77. . .  .132, 172,  184,  402,  426,  437,  591,  592,  629. 

Lee  V.  Stahl,  13  Colo.  174,  22  Pac.  436, 16  Morr.  152. . .  .291,  587,  589,  590,  591,  629,  686, 705,  715. 

Lee  Doon  v.  Tesh,  68 Gal.  43, 6  Pac.  97, 8  Pac.  621 ...  .2, 27, 29, 31, 101, 300, 301, 371, 451,  453,  458,  478,  482,  615, 

523,  629,  637,  639,  640, 650,  703,  712, 1086. 
Lee  Doon  v.  Tesh,  131  Cal.  406,  63  Pac.  764. . .  .469,  487. 

Le  Fevre  v.  Amonson,  11  Ida.  45,  81  Pac.  71  371,  467,  475. 

Leffingwell,  In  re,  30  L.  D.  139. . .  .580, 830. 
Lehmer  v.  Carroll,  34  L.  D.  267. . .  .753. 

Lehmer  v.  Carroll,  34  L.  D.  447. . .  .730,  731,  753,  758,  761,  762,  769,  778. 
Leintz  v.  Victor,  17  Cal.  271. . .  .745. 

Lellie  Lode  Min.  Claim,  In  re,  31  L.  D.  21  63,  300,  410,  420. 

Leming,  In  re.   See  Lennig,  In  re. 

Le  Neve  Mill  Site,  In  re,  9  L.  D.  460  595,  603,  604. 

Leimig,  In  re,  5  L.  D.  190, 13  C.  L.  O.  197. . .  .593,  594,  595,  601,  602,  603,  604,  615,  621. 
Lennig,  In  re,  13  C.  L.  O.  110. . .  .621. 

Leonard  v.  Lennox,  181  Fed.  760,  104  C.  C.  A.  296. . .  .20,  298,  395,  737,  748, 1120,  1214,  1238. 

Lessig,  In  re,  1  C.  L.  O.  1,  Copp's  Min.  Lands  132. . .  .698,  709,  710. 

Lewis,  In  re,  4  C.  L.  O.  114,  Copp's  Min.  Lands  209. . .  .311,  370,  377,  381,  448,  714,  718. 

Lewis,  In  re,  Copp's  Min.  Lands  135,  Sickels'  Min.  L.  &  D.  71  713. 

Lewis  V.  McClure,  9  Oreg.  273. . .  .615,  661. 

Lezeart  v.  Dunker,  4  L.  D.  96, 12  C.  L.  O.  203. . .  .731,  741,  747. 

Liddia  Lode  Min.  Claim,  In  re,  33  L.  D.  127. . .  .329,  407. 

Lightner  Min.  Co.  v.  Superior  Court,  etc.,  14  Cal.  App.  642, 112  Pac.  909. . .  .297,  381,  421,459. 
Lignite,  In  re.   See  Coal  Lands,  In  re. 
Lillian  Lode,  In  re,  26  L.  D.  262. . .  .399. 

Lily  Min.  Co.  v.  Kellogg,  27  Utah,  111,  74  Pac.  518. . .  .293,  378,  381,  452,  477. 

Lincohi  County  Water  Supply  &  Land  Co.  v.  Big  Sandy  Reservoir  Co.,  32  L.  D.  463. . .  .611, 613,  620, 1228. 
Lincoln  Lode,  In  re.   See  Morrison  v.  Lincoln  Min.  Co. 

Lincoln-Lucky  &  Lee  Min.  Co.  v.  Hendry,  9  N.  Mex.  149,  50  Pac.  330  160,  459. 

Lincohi  Placer,  In  re,  7  L.  D.  81, 15  C.  L.  0. 147. . .  .337,  338,  339,  340,  346,  512. 
Lincoln  Quartz  Mine,  In  re.   See  McMasters,  In  re. 
Linden  v.  Gray,  3  C.  L.  0. 181. . .  .849. 


TABLE  OF  CASES. 


1435 


Linville  v.  Cloarwators,  11  L.  D.  356. . .  .394. 

Little  Annie  No.  5  Lode  Min.  Claim,  In  re,  30  L.  D.  488. . .  .326,  334,  380. 

Little  Dorrit  Gold  Min.  Co.  v.  Arapahoe  Gold  Co.,  30  Colo.  431,  71  Pac.  389. . .  .246. 

Little  Emily  Min.,  etc.,  Co.,  In  re,  34  L.  D.  182. . .  .547,  548,  551. 

Little  Giant  Lode,  In  re,  22  L.  D.  629. . .  .431,  472. 

Little  Giant  Lode,  In  re,  29  L.  D.  194. . .  .472. 

Little  Gunnel  Min.  Co.  v.  Kimber,  15  Fed.  Cas.  629,  1  Morr.  536. . .  .240, 251, 260,266,697. 

Little  Josephine  Min.  Co.  v.  FuUerton,  68  Fed.  521,  7  C.  C.  A.  340. . .  .590, 591. 

Little  Pauline  v.  Leadville  Lode,  7  L.  D.  506,  6  Brainard's  Leg.  Prec.  406. . .  .69, 255, 266, 270, 435. 

Little  Pet  Lode,  In  re,  4  L.  D.  17, 12  C.  L.  0. 130,  Brainard's  Leg.  Prec.  205  354,356,369. 

Little  Pittsburg  Consol.  Min.  Co.  v.  Amie  Min.  Co.  17  Fed.  57,  5  McCrary  298. . .  .69, 88, 124, 161. 

Lizzie  Lode  v.  Butte  City.  See  Hickey,  In  re. 

Lloyd  Searchlight  Min.,  etc.,  Co.,  In  re,  42  L.  D.  485.... 339, 340, 342. 

Lobdell  V.  Simpson,  2  Nev.  274,  90  Am.  Dec.  537. . .  .658. 

Lockhart,  In  re,  6  L.  D.  105. . .  .830. 

Lockhart  v.  Farrell,  31  Utah  155,  86  Pac.  1077. . .  .65, 69, 91, 180, 263, 264, 267, 451, 466, 481, 495, 831. 
Lockhart  v.  Johnson,  181  U.  S.  516,  21  S.  Ct.  665,  45  L.  ed.  979.... 12,  191,  251,  262,  279,  375,  453,  1079,  1207, 
1208, 1259. 

Lockhart  v.  Leeds,  195  U.  S.  427,  25  S.  Ct.  76,  49  L.  ed.  263. . .  .278, 375. 
Lockhart  v.  Leeds,  10  N.  Mex.  568,  63  Pac.  48. . . .  13, 23, 87, 89, 272, 273, 278, 459. 
Lockhart  v.  Rollins,  2  Idaho  540  (503),  21  Pac.  413. . .  .235, 242, 271, 272,278, 346, 643. 
Lockhart  v.  Washington  Gold,  etc.,  Min.  Co.,  16  N.  Mex.  223,  117  Pac.  833. . .  .278. 
Lockhart  v.  Wills,  9  N.  Mex.  344,  54  Pac.  336, 19  Morr.  497. . .  .13, 50, 89, 191, 192, 459, 1079, 1208. 
Lock  Lode,  In  re,  6  L.  D.  105, 14  C.  L.  O.  151 .. .  .300, 579, 580, 830. 
Loeser  v.  Gardiner,  1  Alaska  641 .. .  .214, 219, 221, 258, 281, 530. 
Logan,  In  re,  29  L.  D.  395. . .  .4, 872, 874. 

Lohman  V.  Helmer,  104  Fed.  178....  13, 28, 29, 30, 31, 56, 163,440,478. 
Lombard,  In  re.  See  Mt.  Pleasant  Mine,  In  re. 

Londonderry  Min.  Co.  v.  United  Gold  Mines  Co.,  38  Colo.  480,  88  Pac.  455   202,211,228. 

Lone  Dane  Lode,  In  re,  10  L.  D.  53. . .  .109, 161, 346, 405. 

Lone  Jack  Min.  Co.  v.  Megginson,  82  Fed.  89,  27  C.  C.  A.  63. . .  .12, 29,30,31,32,56, 101. 

Lonergan  v.  Eddy,  7  C.  L.  O.  82,  Copp's  Min.  Lands  279  449. 

Lonergan  v.  Shockley,  33  L.  D.  238. . .  .359, 365, 392, 584. 

Lone  Tree  Ditch  Co.  v.  Cyclone  Ditch  Co.,  15  S.  Dak.  519,  91  N.  W.  352. . .  .611, 619. 

Loney  v.  Scott,  57  Oreg.  378,  112  Pac.  172,  32  L.  R.  A.  (N.  S.)  466. . .  .518, 564, 571, 572, 1282, 1283, 1368. 

Long, In  re,9C.  L.  0. 188. ..  .596. 

Long  V.  Isaksen,  23  L.  D.  353. . .  .19, 332, 519. 

Long  John  Lode  Claim,  In  re,  30  L.  D.  298. . .  .433, 470. 

Los  Angeles,  etc.,  Mill.  Co.  v.  Hoflf,  48  Fed.  340. . .  .621. 

Louise  Min.  Co.,  In  re,  22  L.  D.  663. . .  .528, 539. 

Louisville  Gold  Min.  Co.  v.  Hayman  Min.  &  Tunnel  Co.,  33  L.  D.  680.... 473, 503, 583, 584. 

Louisville  Lode  Case,  In  re,  1  L,  D.  548. . .  .359, 391. 

Lovely  Placer  Claim,  In  re,  35  L.  D.  426. . .  .530, 1214, 1298. 

Low  V.  Katalla  Co.,  40  L.  D.  534.... 373, 374, 375, 376, 471, 488, 785, 863, 872. 

Lowe,  In  re,  9  C.  L.  O.  192. . .  .268, 381, 400, 437, 473. 

Lowell,  In  re,  40  L.  D.  303. . .  .819, 1048, 1391, 1392, 1393. 

Lowry,  In  re,  Copp's  Min.  Dec.  40  656, 676. 

Lowry  v.  Silver  City  Gold,  etc.,  Min.  Co.,  179  U.  S.  196,  21  S.  Ct.  104. . .  .73,88. 

Lozar  v.  Neill,  37  Mont.  287,  96  Pac.  343. . .  .261, 466. 

Lucky  Find  Placer  Claim,  In  re,  32  L.  D.  200...  .334, 335, 336, 396. 

Lucy  B .  Hussey  Lode ,  In  re ,  5  L.  D.  93 . . . .  435, 472. 

Ludekins,  In  re,  Copp's  Min.  Lands  100    708. 

Ludlam,Inre,17L.  D.  22.... 735. 

Luthye  v.  Northern  Pac.  R.  Co.,  29  L.  D.  675. . .  .1151, 1154. 

Lux  V.  Haggin,69  Cal.  255, 10  Pac.  674. . .  .615,619,658,660. 

Lynch  v.  United  States,  138  Fed.  535,  61  C.  C.  A.  59. . .  .1153, 1154, 1340, 1341. 

Lyon,  In  re,  20  L.  D.  556. . .  .730, 767, 768. 

Lyons,  In  re,  Copp's  Min.  Dec.  179  1385. 

M. 

Mable  Lode,  In  re,  26  L.  D.  675. . .  .44, 61, 325, 598, 599. 

Mackall  v.  Goodsell,  24  L.  D.  553. . .  .316, 334. 

Mackay  v.  EaSton,  86  U.  S.  (19  Wall.)  619. . .  .1199. 

Mackay  v.  Fox,  121  Fed.  487,  67  C.  C.  A.  439. . .  .438, 470, 474,908. 

Mackie,  In  re,  5  L.  D.  199, 14  C.  L.  O.  151.... 236,  246,  247,  280,  311,  312,  323,  338,  339,  340,  350,  357,  406,  500, 
533, 544. 

MacLean,  In  re  (L.  D.  unreported.  May  10, 1882)  749. 

Maderia  v.  Sonoma  Magnesite  Co.,  20  Cal.  App.  719, 130  Pac.  175. . .  .91, 204, 216, 219, 221, 224. 


1436 


TABLE  OF  CASES. 


Madigan  v.  Kougarok,  3  Alaska  63. . .  .612, 614, 615, 618, 872. 

Madison  v.  Octave  Oil  Co.,  154  Cal.  768,  99  Pac.  176. . .  .2, 13, 17, 76, 79, 256, 284, 1372. 
Madison  Placer  Claim,  In  re,  35  L.  D.  551....  383, 472, 473, 491. 
Maflet  V.  Quine,  93  Fed.  347. . .  .618, 623. 

Magalia  Gold  Min.  Co.  v.  Ferguson,  3  L.  T>.  234,  11  C.  L.  O.  294  15,33,318,842,843. 

Magalia  Gold  Min.  Co.  v.  Ferguson,  6  L.  D.  218, 14  C.  L.  O.  212....  15, 16, 17, 403, 841, 842, 843. 
Maggie  Lode,  In  re,  14  L,  D.  654....  559, 572. 
Magruder,  In  re,  1  L.  D.  526,  12  C.  L.  O.  51. . .  .400. 

Magruder  v.  Oregon  &  California  R.  Co.,  28  L.  D.  174  75,207,318,319,1380. 

Mahoganey  No.  2  Lode  Claim,  In  re,  33  L.  D.  37  1290, 1295. 

Maid  of  Erin  Lode,  In  re.   See  Wight  v.  Tabor. 
Maines,  In  re.  See  Mountaineer  Min.  Co.,  In  re. 
Majors  v.  Rinda,  24  L.  D.  277. . .  .315, 846, 1388, 1389. 
Malaby  v.  Rice,  15  Colo.  App.  364,  62  Pac.  228. . .  .373, 491. 
Malececk  v,  Tinsley,  73  Ark.  610,  85  S.  W.  81. . .  .215. 

Mallet  V.  Uncle  Sam  Gold  &  Silver  Min.  Co.,  1  Nev.  188,  90  Am.  Dec.  484,  1  Morr.  17  187,  192,  255,  259, 

262, 620. 

Malone  v.  Jackson,  137  Fed.  878,  70  C.  C.  A,  216. . .  .59, 114, 117, 184, 237, 240, 263, 264, 266, 270, 285, 311, 333. 
Maloney  v.  King,  25  Mont.  188,  64  Pac.  351,  21  Morr.  278....  103, 130. 
Maloney  v.  King,  27  Mont.  428,  71  Pac.  469. . .  .130. 
Maloney  v.  King,  30  Mont.  158,  76  Pac.  4. . .  .103. 

Mammoth  Min,  Co.  v.  Grand  Central  Min.  Co.,  213  U.  S.  72,  29  S,  Ct.  413,  53  L.  ed.  702  32,  106, 107, 108, 

154. 

Mammoth  Min.  Co.  v,  Juab  County,  10  Utah  232,  37  Pac.  348  51. 

Mammoth  Quartz  Mine,  In  re.  See  Robinson  v.  Roydor. 

Mammoth  Quartz  Mine  v.  Roydor.   See  Robinson  v.  Roydor. 

Mandeville,  In  re,  8  C.  L.  O.  107,  Copp's  Min.  Lands  328. . .  .571, 1207, 1375. 

Manhattan  &  San  Juan  Silver  Min.  Co.,  In  re,  2  L.  D.  698,  10  C.  L.  O,  322. . .  .382, 394, 466, 467. 

Mann,  In  re,  40  L.  D.  440. . .  .819. 

Manners  Construction  Co.  v.  Reese,  31  L.  D.  408. . .  .1217, 1316, 1322. 
Manning  v.  Strehlow,  11  Colo.  451,  18  Pac.  625. . .  .460, 479, 486, 491, 498, 502. 
Manser  Lode  Claim,  In  re,  27  L.  D.  326. . .  .1286, 1287. 

Mantle  v.  Noyes,  5  Mont.  274,  5  Pac.  856. . .  .25,  51, 112,  114,  121,  123,  274,  296,  419,  453,  467,  561,  564,  572,  703. 
Manuel  v.  Wultf,  152  U.  S.  505,  14  S.  Ct.  651,  38  L.  ed.  532,  18  Morr.  85. . .  .31,  32,  56,  92,  93,  101, 122,  263,  478. 
Marble  Valley  Quartz  Mine,  In  re.   See  Sponge,  In  re. 

Marburg  Lode  Min.  Claim,  In  re,  30  L.  D.  202. . .  .192,  236,  249,  250,  253,  268,  279,  334,  335,  336,  347,  381, 383, 
390,395, 439, 470, 486. 

Mares  v.  Dillon,  30  Mont.  117,  75  Pac.  963. . .  .96, 372, 448, 452, 458, 460, 462, 497, 500. 
Mariposa  Quartz  Mine,  In  re.   See  Hoggin,  In  re. 

Marks  v.  Gates,  2  Alaska  519  55. 

Marlin  v.  T'Vault,  1  Oreg.  77. , .  .1268, 1376. 

Mars  v.  Oro  Fino  Min.  Co.,  7  S.  Dak.  605,  65  N.  W,  19. . .  .381, 449, 450, 451, 458. 

Marshall  v.  Harney  Peak  Tin  Min.,  etc.,  Co.,  1  S.  Dak.  350,  47  N.  W.  290. . .  .191, 200, 202, 219, 233, 259. 

Marshall  Silver  Min.  Co.  v.  Kirtley.  12  Colo.  410,  21  Pac.  492.... 291, 358, 381, 434, 452, 462. 

Martin  v.  GUbert,  38  L.  D.  536. . .  .813,  814,  950. 

Martin  v.  Granite  Mountain  Min.  Co.,  15  C.  L.  O.  50. . .  .271,  389,  390. 

Martin  v.  Granite  Mountain  Min.  Co.,  15  C.  L.  0. 194. . .  .271,  390. 

Mary  Darling  Placer  Claim,  In  re,  31  L.  D.  64. . .  .320,  322,  330,  504,  514,  530,  545. 

Maryland  Quartz  x^Iine,  In  re.   See  Jones  (Wm.),  In  re. 

Maske,  In  re,  9  L.  D.  203, 16  C.  L.  0. 149. . .  .796. 

Mason,  In  re,  8  C.  L.  0. 104. . .  .61,  70,  82,  97, 145, 181,  337. 

Mason  v.  Washington-Butte  Min.  Co.,  214  Fed.  32. . .  .185,  463,  472,  484,  486. 

Masters,  In  re,  Copp's  Min.  Lands  82,  Sickels'  Min.  L.  &  D.  59. . .  .664. 

Masterson,  In  re,  7  L.  D.  172, 15  C.  L.  0. 135. . .  .729,  731,  738,  781. 

Masterson,  In  re,  7  L.  D.  577,  15  C.  L.  O.  266. . .  .729. 

Matlock  V.  Stone,  77  Ark.  195,  91  S.  W.  553.  - .  -32,  458,  543. 

Mattes  v.  Treasury  Tunnel  Min.,  etc.,  Co.,  33  L.  D.  553  304,  440,  503,  583. 

Mattes  v.  Treasury  Tunnel  Min. ,  etc.,  Co.,  34  L.  D.  314. . .  .427,  440,  503,  583,  584,  675. 
Matthews  Consol.  Slate  Co.,  In  re,  144  Fed.  724,  75  C.  C.  A.  603. . .  .915, 
Mattingly  v.  Lewisohn,  8  Mont.  259;  19  Pac.  310. . .  .238,  290,  431,  458,  469,  476. 
Mattingly  v.  Lewisohn,  13  Mont.  508,  35  Pac.  111. . .  .238,  252,  451,  458. 
Maxwell,  In  re,  29  L,  D.  76. . .  .580,  830. 

Maxwell  v,  Brierly,  10  C.  L.  O.  50. . .  .18,  519,  520,  625,  688,  689, 1331. 
Maxwell  v,  Cunningham,  50  W.  Va.  298,  40  S.  E,  499. . .  .258. 
Mayer  v.  Carothers,  14  Mont.  274  ,  36  Pac.  182. . .  .411, 
Mayflower  Gold  Min.  Co.,  In  re,  29  L.  D.  7. . .  .324,  349,  568. 
McBride,  In  re,  Copp's  Min.  Dec.  234,  Sickels'  Min.  L.  &  D,  69. . .  .713. 


TABLE  OF  CASES. 


1437 


McBride  v.  Farrmpton,  131  Fed.  797. . .  .991,  992, 1008, 1009. 
McBride  v.  Farrington,  1 19  Fed.  114,  79  C.  C.  A.  56. . .  .991,  992. 
Mclirown  v.  Morris,  54  Cal.  04. . .  .52,  89. 

McBumey  v.  Berry,  5  Mont.  300,  5  Fac.  8G7  226,  702. 

McCann  v.  McMillan,  129  Cal.  350,  62  Fac.  31,  21  Morr.  6. . .  .212,  257,  510. 
McCann  v.  Wallace,  117  Fed.  936. . .  .943. 

McCarthy,  In  re,  14  L.  D.  105.... 339,  341,  343,  356,  367,  369,  412,  504,  607,  1144, 1371. 

McCarthy,  In  re,  14  L.  D.  294. . .  .367,  607. 

McCarthy  v.  Phelan,  132  Cal.  404,  64  Fac.  570. . .  .202,  217,  228. 

McCarthy  v.  Speed,  12  S.  Dak.  7,  80  N.  W.  135. . .  .24, 123,  273,  279,  373,  458. 

McCarthy  v.  Speed,  11  S.  Dak.  362,  77  N.W.  590,  50  L.  R.  A.  184, 19  Morr.  615. . .  .24  ,  32,  123  ,  261,  266,  273, 
279,  458,  478,  556,  566. 

McCauley  v.  McKeig,  8  Mont.  389,  21  Fac.  22  611. 

McCharles  v.  Roberts,  20  L.  D.  564. . .  .237,  316,  845. 

McCleary,  In  re,  42  L.  D.  601. . .  .815,  817,  818,  820. 

McCleary  v.  Broadus,  14  Cal.  App.  60,  111  Fac.  125. . .  .197,  214,  216. 

McClinton,  In  re,  40  L.  D.  26. . .  .813,  821,  822. 

McCloud  V.  Central  Fac.  R.  Co.,  29  L.  D.  27. . .  .1105. 

McConaghy,  In  re,  29  L.  D.  226. . .  .306,  328. 

McConaghy  v.  Doyle,  32  Colo.  92,  75,  Fac.  419. . .  .529,  556,  558,  561,  562,  565,  566. 
McConnell,  In  re,  18  L.  D.  414. . .  .727,  740,  752,  760,  765,  780,  781. 

McCormack  v.  Night  Hawke  &  Nightingale  Gold  Min.  Co.,  29  L.  D.  373.... 328,  391,  395,  396,  408,  748. 
McCormick  v.  Baldwin,  104  Cal.  227,  37  Fac.  903. . .  .238,  252,  256. 
McCormick  v.  Los  Angeles  City  Water  Co.,  40  Cal.  185  884. 

McCormick  v.  Varnes,  2  Utah  355,  9  Morr.  505. . .  .129, 142,  408,  409,  646,  647,  648,  652,  666, 1046. 
McComick,  In  re,  40  L.  D.  498. . .  .235,  236,  238,  241,  242,  243,  244,  248,  346,  347,  353. 
McComick,  In  re,  41  L.  D.  661. . .  .729,  750,  781. 

McCowan  v.  McClay,  16  Mont.  234,  40  Fac.  602. . .  .187,  190,  207,  208,  373,  442,  547,  548,  549,  553. 

McCulloch  V.  Murphy,  125  Fed.  147. . .  .56,  68,  92,  197,  199,  206,  221,  225,  241,  242,  252,  254,  258,  263,  464,  466. 

McDaniel  v.  Bell,  9  L.  D.  15. . .  .731,  756. 

McDaniel  v.  Moore,  19  Ida.  43, 112  Fac.  317. . .  .274. 

McDonald,  In  re,  40  L.  D.  7. . .  .37,  81. 

McDonald  v.  Hartman,  19  L.  D.  547. . .  .377. 

McDonald  v.  Hovey,  110  U.  S.  619,  4  S.  Ct.  142. . .  .1354. 

McDonald  v.  Montana  Wood  Co.,  14  Mont.  88,  35  Fac.  668,  43  Am.  St.  616. . .  .215,  323,  345,  527,  529,  539,  540, 
1346. 

McDougal  V.  Lame,  39  Oreg.  212,  64  Fac.  864  613. 

McElligott  V.  Krogh,  151  Cal.  126,  90  Fac.  823. . .  .58,  63,  91, 180,  538. 

McEvoy  V.  Hyman,  25  Fed.  539, 15  Morr.  300. . .  .298,  397,  470,  490. 

McEvoy  V.  Hyman,  25  Fed.  596, 15  Morr.  397. . .  .82, 199,  206,  212,  225,  228,  231,  259,  332. 

McEvoy  V.  Megginson,  29  L.  D.  164. . .  .12,  31,  236. 

McFadden  v.  Mountain  View  Min.  etc.  Co.,  87  Fed.  154. . .  .12,  456,  967,  968,  969. 

McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  97  Fed.  670  ,  38  C.  C.  A.  354.... 12,  36,450,456,872,  968,  969. 

McFadden  v.  Mountain  View  Min.,  etc.,  26  L.  D.  530.... 375,  376,  440,  441,  443,  444. 

McFadden  v.  Mountain  View  Min.,  etc.,  Co.,  27  L.  D.  358..  ..365,  375,  386,  441,  443,  444. 

McFarland  v.  Alaska  Ferseverance  Mua.  Co.,  3  Alaska  308.... 13,  52,  426,  610,  612,  614,  618,  637,  655,  672, 

872,  873,  899,  901. 
McFarland  v.  Idaho,  32  L.  D.  107. . .  .1292, 1315. 
McFerrin,  In  re,  10  L.  D.  140       793,  794,  795,  801. 

McFeters  v.  Fierson,  15  Colo.  201,  24  Fac.  1076,  22  Am.  St.  388.... 21,  111,  122,  123,  126,  180,  264,  453,  478, 
688, 1346. 

McGarrahan,  In  re,  11  C.  L.  O.  370. . .  .390,  434. 

McGarrahan  (Wm.),  In  re,  (March  24, 1876).   See  Boston  Quicksilver  Mine,  In  re. 
McGarrahan  v.  Cerro  Bonito  Quicksilver  Mines.   See  Cerro  Bonito  Quicksilver  Mines,  In  re. 
McGarrahan  v.  New  Idria  Min.  Co.,  3  L.  D.  422.... 307,  387,  390,  472,  664, 1092. 

McGarrahan  v.  New  Idria,  etc.,  Co.,  49  Cal.  331  403. 

McGarrigle,  In  re,  9  C.  L.  0. 113. . .  .1214. 

McGarrity  v.  Byington,  12  Cal.  426,  2  Morr.  311. . .  .235,  236,  255,  899. 

McGillicuddy  v.  Tompkins,  14  L.  D.  633. . .  .735,  745,  760,  769,  772,  775,  1290. 

McGinnis  v.  Egbert,  8  Colo.  41,  5  Fac.  652, 15  Morr.  329. . .  .71,  221,  282,  284,  451,  458,  482,  491. 

McGIenn  v.  Wienbroeer,  15  L.  D.  370. . .  .17,  520,  521,  844, 1313, 1331. 

McGowan  v.  Alps  Consol.  Mm.  Co.,  23  L.  D.  113. ...127,  399. 

McGuire  v.  Brown,  106  Cal.  660,  39  Fac.  1060. . .  .52,  391,  525,  612,  615,  616,  622,  659. 

McGurk  V.  Waters,  10  C.  L.  O.  87. . .  .845. 

Mcintosh  V.  Frice,  121  Fed.  716,  58  C.  C.  A.  136. . .  .52,  90,  92,  222,  535,  539. 
Mcintosh  V.  Savage,  16  C.  L.  0. 159. . .  .1314, 1315. 
Mclntyre  v.  Yokum,  16  L.  D.  62. . .  .843  ,  846. 


1438 


TABLE  OF  CASES. 


McKay,  In  re,  8  L.  D.  526. . .  .18, 1313. 

McKay  v.  McDougal,  19  Mont.  488,  48  Pac.  988. . .  .476. 

McKay  v.  McDougal,  25  Mont.  258,  64  Par.  669,  87  Am.  St.  395,... 251,  255,  260. 
McKay  v.  Neussler,  148  Fed.  86,  78  C.  C.  A.  154. . .  .242.  258. 

McKean  v.  Buell,  Copp's  Min.  Lands  343,  Sickels'  Mia.  L.  &  D.  398       727,  728,  742,  773,  1281. 

McKenzie  v.  Washington,  14  L.  D.  282. . .  .1289. 

McKeon  v.  Bisbee,  9  Cal.  137,  70  Am.  Dec.  642,  2  Morr.  309.... 185,  636. 
McKey,  In  re,  3  C.  L.  O.  50. . .  .504. 

McKibben  v.  Gable,  34  L,  D.  178.... 727,  731,  743,  756,  758,  762,  765,  766,  767,  777,  782. 
McKibben  Lode,  In  re.   See  Lyons,  In  re. 

McKinley  v.  Wheeler,  130  U.  S.  630,  9  S,  Ct.  638,  32  L.  ed.  1084,  16  Morr.  65.... 10,  27,  28,  99,  101,  307,  401, 
528. 

McKinley  Creek  Min.  Co. ,  v.  Alaska  United  Min.  Co.,  183  U.  S.  563, 22  S.  Ct.  84, 46  L.  ed.  331,  21  Morr.  730  

28,  32,  187,  216,  220,  366. 
McKinstry  v.  Clark,  4  Mont.  370,  1  Pac.  759. . .  .66,  703. 

McKnight  v.  El  Paso  Brick  Co.,  16  N.  Mex.  721, 120  Pac.  694.... 253,  267,  296,  424, 

McLaughlm  v.  Menotti,  89  Cal.  354,  26  Pac.  880.. 1115, 1117. 

McLaughlin  v.  Menotti,  105  Cal.  572,  38  Pac.  973,  39  Pac.  207  llic ,  1115. 

McLaughlin  v.  United  States,  107  U.  S.  526,  2  S.  Ct.  802,  27  L.  ed.  806. . .  .424  ,  741,  750,  835,  836,  1124,  1125, 
1146. 

McLemore  v.  Express  Oil  Co.,  158  Cal.  559,  112  Pac.  59,  139  Am.  St.  147, 1  Water  &  Min.  Cas.  232  33,  52, 

92,519, 1043,1047,1176. 

McMahon  v.  Meehan,  2  Alaska  278  55,  278. 

McMasters,  In  re,  2  L.  D,  706. . .  .379,470. 
McMicken,  In  re,  10  L.  D,  97. . .  .580, 830. 
McMicken,  In  re,  11  L.  D,  96   580. 

McMillan,  In  re,  7  L.  D.  181, 15  C.  L.  O.  135.... 762, 770, 773. 

McMillen  v.  Ferrum  Min.  Co.,  197  U.  S.  343,  25  S.  Ct.  533,  49  L.  ed.  784. . .  .456, 

McMillen  V.  Ferrum  Min.  Co.,  32  Colo.  38,  74  Pac.  461, 105  Am.  St.  64. ..  .66,69, 70,79, 1047. 

McMurdy  V.  Streeter,  1  C.  L.  O.  34,  Copp's  Min.  Lands  133  364,404,440,584,714,717,718, 1386, 

McMurley  (McMurdy),  In  re,  Copp's  Min.  Dec.  194  716. 

McNabb,  In  re,  42  L.  D.  413. . .  .531, 544, 55L 
McNee,  In  re,40L.  D.  494....  1098, 
McNee  V.  Donahue,  142  U,  S.  587,  12  S,  Ct.  211....  1278, 
McNeill  (John)  In  re,  17  C,  L.  O.  41. . .  .386. 

McNeil  V.  Pace,  3  L.  D.  267,  11  C.  L.  O.,  307.... 89, 122,245,246,252,256,261,263,264,267,390. 

McPherson  v.  Julius,  17  S.  Dak.  98,  95  N.  W.  428. . .  .538. 

McQuiddy  V,  California,  29  L.  D,  181....  18, 319, 332, 519, 1196, 1262, 1263. 

McQuillan  v.  Tanana  Electric  Co.,  3  Alaska  110  123, 395, 1342, 1346. 

MeShane  v.  Kenkle,  18  Mont.  208,  44  Pac.  979,  56  Am.  St.  578,  33  L.  R.  A.  851. . .  .24, 38, 63, 67, 68, 76, 77. 
McWilliams  v.  Green  River  Coal  Association,  23  L.  D,  127. . . .  725, 730, 738, 745, 746, 753, 757, 758, 761, 
Mc Williams  v.  Winslow,  34  Colo.  341,  82  Pac.  538. . .  .82,476,501. 
Meader  v.  Norton,  78  U.  S.  442. . .  .424. 

Meaderville  Min,  etc.,  Co.  v.  Raunheim,  29  L,  D.  465  355,388. 

Meeks,  In  re,  29  L.  D.  456. . .  .998, 1003. 

Menasha  Woodenware  Co.  v.  Secretary  of  the  Interior,  See  United  States  v,  Ballinger. 
Mendenhall  v.  Howell,  14  L.  D.  461. . .  .846, 847, 

Meiklejohn  V.  Hyde,  42  L.  D.  144. ..  .2, 12,517,520,531, 1177, 1330, 1331. 
Melton  V.  Lambard,  51  Cal.  258, 14  Morr.  695. . .  .549. 
Memphis  &  Little  Rock  R.  Co.,  In  re,  8  L.  D.  427. . .  .477. 
Menotti  V.  Dillon,  167  U.  S.  703,  17  S.  Ct.  945....  1116. 

Mercedes  Min.  Co.  v.  Fremont,  7  Cal.  317,  68  Am.  Dec.  262,  7  Morr.  313. . .  .94, 185,636,831,834,835. 
Merchants'  National  Bank  v.  McKeown,  60  Oreg.  325, 119  Pac.  334.... 242, 253, 483, 
Merrell,  In  re,  5  C.  L.  O.  5,  Copp's  Mm.  Lands  222. . .  .237, 283, 
Merrill  v.  Dixon,  15  Nev.  401. . .  .2, 5, 1101, 1107, 1110, 1122, 1195, 
Merritt  v.  Judd,  14  Cal.  59,  6  Mcrr,  62. . .  .124, 

Metcalf  V.  Prescott,  10  Mont.  283,  25  Pac.  1037,  1  Morr.  137. .. .  190, 206, 207, 208, 379. 

Meydenbauer  v.  Stevens,  78  Fed.  787,  18  Morr.  578. .. .  12, 43, 44, 45, 46, 61, 74, 87,  111,  117, 118, 156, 194, 197, 203, 

209, 211, 212, 214, 217, 220, 227,  230, 232, 831,  872. 
Meyendorf  V.  Frohner,  3  Mont.  282,  5  Morr.  559. . .  .23, 290, 312, 
Meyer  v.  Hyman,  7  L.  D.  83,  15  C.  L.  O.  147. . .  .379, 398, 471, 474, 481. 
Meyer  V.  Hyman,  7  L.  D.  336,  15  C.  L,  O,  169.... 3 10, 379, 393, 481, 487. 

Meyer-Clarke-Rowe  Mines  Co.  v.  Steinfeld,  9  Ariz.  245,  80  Pac,  400  442,443. 

Meyer-Clarke-Rowe  Mines  Co.  v.  Steinfeld,  10  Ariz.  194,  85  Pac,  1067  442,443. 

Meylette  v.  Brennan,  20  Colo.  242,  38  Pac.  75  55. 

Michael  v.  Mills,  22  Colo.  439,  45  Pac.  429. . .  .68,69,87. 
Michie  v.  Gothberg,  30  L.  D.  407. . .  .348, 1317. 


TABLE  OF  CASES. 


1439 


Micklethwait  v.  Winter,  T)  Eng.  Law  &  Kq.  52(1. . . .  1313, 1331. 

Midland  R.  Co.  v.  Ilaunchwood  lirick  &  Tilo  Co.,  L.  R.  20,  Ch.  552. . .  .20. 

Midland  Railway  v.  Robinson,  15  App.  Cas.  (D.  C.)  19  915. 

Middle  Point  of  Vein,  In  re,  Copp's  Min.  Lands  231  60. 

Middleton  v.  Lowe,  30  Cal.  590  1261. 

Migeon  v.  Montana  Central  R.  Co.,  77  Fed.  249,  23  C.  C.  A.  156, 18  Morr.  446. ..  .36,37,40,42,47,67, 76, 77, 122, 
556, 559, 561 , 564 , 565, 1 365. 

Milford  Metal  Mines  Investment  Co.,  In  re,  35  L.  D.  174   583,584. 

Miller,  In  re,  33  L.  D.  121. ..  .20, 1175, 1214. 
Miller,  In  re,  40  L.  D.  33. . .  .813, 821, 1391, 1392. 

Miller  v.  Chrisman,  140  Cal.  440,  73  Pac.  1083,  74  Pac.  444, 98  Am.  St.  63. . .  .52,57,71,78, 116,181, 188,247, 273, 

278, 512, 513, 528, 535, 1045, 1046. 
Miller  v.  Coleman,  18  L.  D.  394. . .  .830. 
Miller  v.  Girard,  3  Colo.  App.  278,  33  Pac.  68. . .  .69. 
Miller  V.  Hamley,  31  Colo.  495,  74  Pac.  980.... 69, 94, 127, 406, 700. 
Miller  v.  Thompson,  30  L.  D.  492. . .  .815, 1121, 1176. 

Miller  Placer  Claim,  In  re,  30  L.  D.  225.... 514, 535, 538, 541, 542, 544, 545, 62L 

Milligan  v.  Savery,  6  Mont.  129,  9  Pac.  894. . .  .476,  497. 

Mills  V.  Fletcher,  100  Cal.  142,  34  Pac.  637. . .  .282. 

Mills  V.  Hart,  24  Colo.  505,  52  Pac.  680,  65  Am.  St.  241.... 271, 272, 408. 

Mill  Side  Lode,  In  re,  39  L.  D.  356. . .  .1361, 1363, 1367. 

Milton  V.  Lamb,  22  L.  D.  339. .345,354, 356. 

Milwaukee  Gold  Extraction  Co.  v.  Gordon,  37  Mont.  209,  95  Pac.  995  466. 

Mimbres  Min.  Co.,  In  re,  8  L.  D.  457. . .  .308, 322, 358,368, 369. 
Mine  Rescue  Work,  In  re,  28  Op.  Atty.  Gen.  413. . .  .917,922. 
Mine  Rescue  Work,  In  re,  28  Op.  Atty.  Gen.  463. . .  .829. 
Miner,  In  re,  9  L.  D.  408. . .  .34, 416, 1203, 1260, 1263, 1282, 1284. 
Miner  V.  Mariott,  2  L.  D.  709,  IOC.  L.  O.  339.... 363, 364, 377, 431, 470. 
Mineral  Farm  Min.  Co.  v.  Barrick,  33  Colo.  410,  80  Pac.  1055. . .  .598. 

Mineral  Lands,  In  re,  14  Op.  Atty.  Gen.  115,  Copp's  Min.  Lands  88   638,689,690. 

Mineral  Lands  in  Wisconsin,  In  re,  3  Op.  Atty.  Gen.  277  1041, 1244. 

Mining  Co.  v.  Alta  Min.  Co.   See  Benson  Min.,  etc.,  Co.  v.  Alta  Min.,  etc.,  Co. 

Mining  Co.  v.  Brown.  See  Hope  Min.  Co.  v.  Brown. 

Mining  Co.  v.  Campbell.   See  Iron  Silver  Min.  Co.  v.  Campbell. 

Mining  Co.  v.  Cheesman.   See  Iron  Silver  Min.  Co.  v.  Cheesman. 

Mining  Co.  v.  Consolidated  Min.  Co.,  102  U.  S.  167, 26  L.  ed.  126, 13  Morr.  214. . .  .4, 12, 637, 638, 1100, 1109, 1248, 

1250, 1259, 1260, 1261, 1262, 1263, 1271,  1282, 1368. 
Mining  Co.  v.  Fitzgerald.   See  Leadville  Min.  Co.  v.  Fitzgerald. 
Mining  Co.  v.  Gage.   See  Continental  Gold,  etc.,  Min.  Co.  v.  Gage. 
Mining  Co.  v.  Hendry.   See  Lincoln-Lucky  &  Lee  Min.  Co.  v.  Hendry. 
Mining  Co.  v.  Ish.   See  Gold  Hill  Quartz  Min.  Co.  v.  Ish. 

Mining  Co.  v.  Larimer  Co.   See  Frank  Gold  Min.,  etc.,  Co.  v.  Larimer  Min.,  etc.,  Co. 
Mining  Co.  v.  Mining  Co.   See  Jupiter  Min.  Co.  v.  Bodie  Consol.  Min.  Co. 
Mining  Co.  v.  Rose.  See  Richmond  Min.  Co.  v.  Rose. 

Mining  Co,  v.  Tarbet,  98  U.  S.  463, 25  L.  ed.  253, 9  Morr.  607. . .  .59, 85, 91, 105, 107, 110, 135, 138, 141, 142, 144, 147, 

149, 150, 151, 160, 233, 323, 646, 665. 
Mining  Co.  v.  Taylor,  100  U.  S.  37,  25  L.  ed.  541,  5  Morr.  323. .. .  125, 273, 464, 643. 
Mining  Co.  v.  Tunnel  Co.  See  Creede  &  Cripple  Creek  Min.,  etc.,  Co.  v.  Uinta  Tunnel  Min.,  etc.,  Co. 
Mining  Co.  v.  Turck.  See  Colorado  Central  Consol.  Min.  Co.  v.  Turck. 
Mining  &  Milling  Co.  v.  Spargo.  See  Pacific  Coast  Min.,  etc.,  Co.  v.  Spargo. 

Mining  Regulations,  In  re,  28  L.  D.  594  351. 

Mining  Regulations  for  Alaska,  In  re,  4  L.  D.  128  873. 

Minnekahta  Stone  Mine,  In  re,  15  L.  D.  256  521, 1330. 

Minnie  Tunnel  &  Min.  Co.,  In  re,  3  C.  L.  O.  66       281, 699, 722. 

Mint  Lode  &  Mill  Site,  In  re,  12  L.  D.  624. ..  .594,603, 604. 

Miocene  Ditch  Co.  v.  Champion  Min.,  etc.,  Co.,  3  Alaska  572   612,614. 

Miocene  Ditch  Co.  v.  Jacobsen,  146  Fed.  680,  77  C.  C.  A.  106. . .  .883. 

Miocene  Ditch  Co.  v.  Jacobsen,  2  Alaska  567  609, 614, 873. 

Miocene  Ditch  Co.  v.  Lyng,  138  Fed.  544,  70  C.  C.  A.  458. . .  .883. 

Miocene  Ditch  Co.  v.  Moore,  150  Fed.  483,  80  C.  C.  A.  301.... 873. 

Mitchell,  In  re,  2  L.  D.  752,  11  C.  L.  O.  214.... 219,  730. 

Mitchell  V.  Brovo,  27  L.  D.  40. . .  .386,  388. 

Mitchell  v.  Cline,  84  Cal.  409  24  Pac.  164. . .  .535,  536,  537. 

Mitchell  V.  Hutchinson,  142  Cal.  404,  76  Pac.  55. . .  .514,  535. 

Mock,  In  re.   See  Schofield  Patent,  In  re. 

Moffatt  V.  Blue  River,  etc.,  Co.,  33  Colo.  142,  80  Pac.  139. . .  .52. 

Moffat  V.  Compromise  Lode  Claimants,  8  C.  L.  O.  54. . .  .379,  383. 


1440 


TABLE  OF  CASES. 


Mohl  V.  Lamar  Canal  Co.,  128  Fed.  776. . .  .610,  616,  617,  618. 

Mojave  Min.,  etc.,  Co.  v.  Krama  Min.  Co.,  34  L.  D.  583...  .360,  369,  370,  398, 

Mollie  Mullen  Lode,  In  re.   See  Freeman,  In  re. 

Monarch  Lode,  In  re.   See  Late  Acquisition  Consol.  Min.  Co.,  In  re. 

Monarch,  etc..  Lode  v.  Philadelphia  Min.  Co.   See  Philadelphia  Min.  Co.  v.  Finley. 

Monarch  of  the  North  Claim,  In  re,  Copp's  Min.  Lands  304       54,  59,  60,  82,  83,  97,  151,  224. 

Mongrain  v.  Northern  Pac.  R.  Co.,  In  re,  18  L.  D.  105  598,  607,  1114,  1119. 

Monitor  Lode,  In  re,  18  L.  D.  358. . .  .387,  435,  445. 
Monk,  In  re,  16  Utah  100,  50  Pac.  810.... 210. 

Mono  Fraction  Lode  Min.  Claim,  In  re,  31  L.  D.  121  321,  343,  422. 

Mono  Min.  Co.  v.  Magnolia  East  &  West  Co.,  2  C.  L.  O.  68,  Copp's  Min.  Lands  152  716,  720. 

Monster  Lode  Min.  Claim,  In  re,  35  L.  D.  493. . .  .346,  347. 

Montague  v.  Dobbs,  9  C.  L.  O.  165. . .  .39,  44,  53,  68,  508,  509,  519. 

Montague  v.  Dobbs,  10  C.  L.  O.  88.... 6,  519. 

Montague  v.  Labay,  2  Alaska  575. . .  .87,  91,  262,  495,  496. 

Montana,  In  re,  18  L.  D.  477.... 1290. 

Montana  v.  Buley,  23  L.  D.  116.... 730,  1290. 

Montana  v.  District  Court.   See  State  v.  District  Court. 

Montana  v.  Lee.   See  Territory  v.  Lee. 

Montana  v.  Mackey.   See  Territory  v.  Mackay. 

Montana  v.  Silver  Star  Min.  Co.,  23  L.  D.  313.... 293,  314,  838,  1289. 

Montana  Central  R.  Co.,  In  re,  25  L.  D.  250. . .  .1117,  1189. 

Montana  Co.,  In  re,  14  C.  L.  O.  223.... 309. 

Montana  Co.  v.  Clark,  42  Fed.  626,  16  Morr.  80.... 69,  83,  85, 103,  111,  121,  130,  134, 135,  136,  145,  160,  173,  571, 
574. 

Montana  Coal  &  Coke  Co.  v.  Livingston,  21  Mont.  59,  52  Pac.  780  44,  509. 

Montana-Illinois  Copper  Min.  Co.,  In  re,  42  L.  D.  434       595,  597,  599,  600. 

Montana  Min.  Co. ,  In  re,  6  L.  D.  261,  14  C.  L.  O.  223. . .  .28,  309. 

Montana  Min.  Co.  v.  St.  Louis  Min.,  etc. ,  Co.,  102  Fed.  430,  42  C.  C.  A.  425,  20  Morr.  507. . .  .120, 136,  137,  139, 
147,  148,  151,  158,  413. 

Montana  Min.  Co.  v.  St.  Louis  Min.,  etc.,  Co.,  147  Fed.  897,  78  C.  C.  A.  33  143,  210. 

Montana  Min.  Co.  v.  St.  Louis  Min.,  etc.,  Co.,  183  Fed.  51,  105  C.  C.  A.  343  155,  156. 

Montana  Min.  Co.  v.  St.  Louis  Min.,  etc.,  Co.,  20  Mont.  394,  51  Pac.  824,  19  Morr.  218  92. 

Montana  Ore  Purchasing  Co.  v.  Boston,  etc.,  Silver  Min.  Co.,  85  Fed.  867,  29  C.  C.  A.  462  137,  151, 

Montana  Ore  Purchasing  Co.  v.  Boston  &  Montana  Consol.,  etc.,  Min.  Co.,  20  Mont.  336,  51  Pac.  159,  19 
Morr.  186.... 417,  420. 

Montana  Ore  Purchasing  Co.  v.  Boston  &  Montana  Consol. ,  etc.,  Min.  Co.,  27  Mont.  288,  70  Pac.  1114  120, 

453,  458. 

Montana,  etc.,  R.  Co.  v.  Migeon,  68  Fed.  811.... 4,  6,  42,  67,  69,  73,  76,  78,  79,  414,  417,  419,  423,  425,  559, 

560,  561,  575,  1363. 
Montayo  v.  Trujillo,  25  L.  D.  475. . .  .1322. 

Mont  Blanc,  etc.,  Min.  Co.  v.  Debour,  61  Cal.  364,  15  Morr.  286. . .  .477. 
Montello  Salt  Co.  v.  Utah,  221  U.  S.  452. . .  .1294,  1295. 
Montgomery  v.  Gilbert,  26  L.  D.  216. . .  .545,  842. 
Mooney,  In  re,  3  C.  L.  O.  68,  Sickels'  Min.  L.  &  D.  492. . .  .99,  711. 
Mooney  Flat  Hydraulic  Min.  Co.,  In  re.   See  Crouch,  In  re. 
Moore,  In  re,  40  L.  D.  461. . .  .815,  819,  1238. 
Moore,  In  re,  11  C.  L.  O.  326. . .  .597. 
Moore,  In  re.   See  also  Lock  Lode,  In  re. 

Moore  v.  Hammerstag,  109  Cal.  122,  41  Pac.  805, 18  Morr.  256. . .  .123,  124,  125. 
Moore  v.  Sawyer,  167  Fed.  826.... 1019,  1028. 
Moore  v.  Smaw,  17  Cal.  199,  79  Am.  Dec.  123, 12  Morr.  418. . .  .1075. 
Moore  v.  Wilkinson,  14  Cal.  478  414. 

Moore  Consol.  Min.  Co.  v.  Nesmith.  See  Tom  Moore  Consol.  Min.  Co.  v.  Nesmith. 
Moorhead  v.  Erie  Min.,  etc.,  Co.,  43  Colo.  408,  96  Pac.  253.... 91,  256,  495. 
Mordecai  v.  California,  17  L.  D.  144. . .  .1314, 
Mores,  In  re.   See  Alger  Lode,  In  re. 

Morgan  v.  Antlers-Park-Regent  Consol.  Min.  Co.,  29  L.  D.  114  249,  328,  336. 

Morgan  v.  Myers,  159  Cal.  187,  113  Pac.  153,  1  Water  &  Min.  Cas.  494.... 247. 
Morgan  v.  Tillottson,  73  Cal.  520,  15  Pac.  88.... 234. 

Morgan  v.  United  States,  148  Fed.  189,  78  C.  C.  A.  323. . .  .1311,  1329,  1337,  1338,  1350. 

Morgan  v.  United  States,  169  Fed.  242,  94  C.  C.  A.  518....  1115,  1339,  1340,  1341,  1344,  1347,  1348,  1349. 

Morgenson  v.  Middlesex  Min.,  etc.,  Co.,  11  Colo.  176,  17  Pac.  513.... 132,  172,  426,  591,  592. 

Morgenson  v.  Milling  Co.   See  Morgenson  v.  Middlesex  Min.,  etc.,  Co. 

Moritz  v.  Lavelle,  77  Cal.  10,  18  Pac.  803,  11  Am.  St.  229,  16  Morr.  236.... 55,  125. 

Morrell,  In  re.   See  Northeastern  Extension  of  the  Yosemite  Mine,  In  re. 

Morrill  v.  Margaret  Min.  Co.,  11  L.  D.  563   320. 


TABT.E  OF  CASES. 


1441 


Morrill  v.  Northern  Pac.  R.  Co.,  30  L.  D.  475.... 10,  18,  19,  1110,  1154,  1331. 

Morris,  In  re,  9  C.  L.  O.  5  r)(K{,  5(\H,  1128. 

Morris  (C.  H.),  In  ro.   See  Dunkirk  Lode,  In  re. 
Morris  v.  Bean,  123  Fed.  G18. . .  .015,  017. 
Morris  v.  Bean,  146  Fed.  423. . .  .015,  G17. 
Morrison,  In  re,  16  L.  D.  544  799. 

Morrison,  In  re,  36  L.  D.  126.... 730,  731,  755,  757,  758,  763,  766,  768,  770. 
Morrison,  In  re,  36  L.  D.  319. . .  .731,  756,  758,  765,  766,  767,  768,  777. 
Morrison  v.  Bumotte,  154  Fed.  617,  83  C.  C.  A.  391....  1018. 

Morrison  v.  Lincoln  Min.  Co.,  6  C.  L.  O.  105,  Copp's  Min.  Lands  257. . .  .364,  377,  436,  469. 
Morrison  v.  Regan,  8  Idaho  291,  67  Pac.  955,  22  Morr.  69. . .  .82,  198,  199,  201,  206,  227,  229,  230,  259. 

Morris  Run  Coal  Co.  v.  Barclay  Coal  Co.,  68  Pa.  St.  173  1236. 

Morse,  In  re,  5  C.  L.  0  .  5...  .503,  568. 

Morse,  In  re,  5  C.  L.  O.  178,  Copp's  Min.  Lands  236. . .  .60,  01. 
Morse  v.  De  Ardo,  107  Cal.  022,  40  Pac.  1018. . .  .179. 

Morse  v.  Streeter,  Copp's  Min.  Dec.  127,  Sickles'  Min.  L.  &  D.  190  473,  488,  720. 

Morton  v.  Nebraska,  88  U.  S.  (21  Wall.)  000,  22  L.  ed.  039,  12  Morr.  541. . .  .037,  834,  835,  836,  889,  1195,  1199, 

1201,  1202,  1203,  1206,  1207,  1209,  1210,  1242,  1251,  1252,  1264,  1272,  1273. 
Morton  v.  Solambo  Min.  Co.,  26  Cal.  527,  4  Morr.  463. . .  .700. 
Mortson,  In  re,  16  C.  L.  O.  52. . .  .748. 
Moses,  In  re,  31  L.  D.  320. . .  .1098. 
Moses,  In  re,  33  L.  D.  333. . .  .1176. 
Moses,  In  re,  40  L.  D.  276. . .  .818,  821,  1175. 
Mosley,  In  re,  6  L.  D.  620,  15  C.  L.  O.  26. . .  .99,  502,  729. 
Moss  Rose  Lode,  In  re,  11  L.  D.  120. . .  .310,  394,  396. 

Mountain  Chief  &  Other  Lode  Claims,  In  re,  36  L.  D.  100. . .  .323,  324,  349,  350,  351,  352. 
Mountaineer  Min.  Co.,  In  re,  7  C.  L.  O.  101,  Sickels'  Min.  L.  &  D.  100. . .  .173,  305,  341. 
Mountain  Joy  Lode,  In  re.   See  Williams,  In  re. 
Mountain  Maid,  In  re,  5  L.  D.  28. . .  .316,  417. 

Mountain  Tiger,  etc..  Lodes,  In  re,  Copp's  Min.  Lands  116,  Copp's  Min.  Dec.  202  705,  718. 

Mower  v.  Fletcher,  110  U.  S.  380,  6  S.  Ct.  409,  29  L.  ed.  593.... 52,  89. 
Moxon  V.  Wilkinson,  2  Mont.  421, 12  Morr.  602. . .  .44,  508,  509,  554,  715. 
Moyer  v.  Mike  &  Starr  Gold,  etc.,  Co.,  10  C.  L.  0. 150.... 410,  567,  571. 
Moyer  v.  Preston,  6  Wyo.  308,  44  Pac.  845,  71  Am.  St.  914. . .  .609,  614. 
Moyle  V.  Bullene,  7  Colo.  App.  308,  44  Pac.  09. . .  .87,  88,  1304. 

Mt.  Diablo,  etc.,  Min.  Co.  v.  Callison,  17  Fed.  Cas.  918,  5  Sawy.  439,  9  Morr.  616.... 40,  44,  45,  55,  60,  80,  115, 

134,  179,  195,  198,  216,  227,  229,  232,  235,  240,  241,  243,  245,  247,  530. 
Mt.  Pleasant  Mine,  In  re,  3  C.  L.  O.  194,  Copp's  Min.  Lands  204.... 468,  7l9,  720. 

Mt.  Rosa  Min.,  etc.,  Co.  v.  Palmer,  26  Colo.  56,  77  Am.  St.  245,  56  Pac.  176,  50  L.  R.  A.  289,  19  Morr.  696  

52,  53,  94,  111,  263,  432,  523,  556,  557,  559,  568,  569,  570,  574. 
Muldrick  v.  Brown,  37  Oreg.  185,  01  Pac.  428. . .  .73. 

Mullan  V.  United  States,  118  U.  S.  271,  0  S.  Ct.  1041,  30  L.  ed.  170....  17, 424, 740, 741, 742, 747, 750, 751, 780, 

787,  788,  835,  1115,  1140,  1183,  1201,  1248,  1250,  1259,  1201,  1262,  1330. 
Muller  V.  Coleman,  18  L.  D.  394. . .  .580. 
Mulli,  In  re.   See  Williams,  In  re. 
Mulligan  v.  Hanson,  10  L.  D.,  311....  17,  747. 

Mullins  V.  Butte  Hardware  Co.,  25  Mont.  525,  65  Pac.  1004,  1007. . .  .25. 

Mulvane,  In  re,  15  L.  D.  146. . .  .732,  735. 

Mundy,  In  re.   See  Mountain  Tiger,  etc..  Lodes,  In  re. 

Murley  v.  Ennis,  2  Colo.  300, 12  Morr.  360. . .  .14,  55,  125,  219. 

Murray  v.  Buol,  6  Mont.  397,  12  Pac.  858.... 411,  1357,  1358,  1300,  1375,  1379. 

Murray  v.  Hobson,  10  Colo.  00,  13  Pac.  921. . .  .1370. 

Murray  v.  Mining  Co.,  45  Fed.  385. . .  .103. 

Murray  v.  Montana  Lumber  &  Mfg.  Co.,  25  Mont.  14,  03  Pac.  719. . .  .396. 

Murray  v.Polglase, 23 Mont.  401,  59  Pac.  439. ...87,  173,  450,  458,  459,  460,  476,  497,  715. 

Murray  v.  White,  42  Mont.  423, 113  Pac.  754. . .  .4,  42,  67. 

Murray  Hill  Min.,  etc.,  Co.  v.  Havenor,  24  Utah  73,  66  Pac.  762. . .  .253,  269,  452. 
Mutchmor  v.  McCarty,  149  Cal.  603,  87  Pac.  85.... 13,  77,  201,  500,  507,  574. 
Mutual  Min.,  etc.,  Co.  v.  Currency  Co.,  27  L.  D.  191. . .  .300,  380,  381,  384,  465,  472. 
Myers  v.  Spooner,  55  Cal.  257,  9  Morr.  519. . .  .259. 

N. 

Nagler,  In  re,  Copp's  Min.  Dec.  156.... 1278, 1378. 

Nash  V.  McNamara,  30  Nev.  114, 93  Pac.  405, 133  Am.  St.  694, 16  L.  R.  A.  (N.  S.)  168. . .  .13,  25,  50,  52,  53,  57, 

59,  89,  91,  92,  111,  112,  114,  178,  189,  209,  238,  261,  263,  270,  284,  404,  431,  436,  437,  494,  495,  496,  587. 
National  Mines  Co.  v.  Charleston  Hill  National  Min.  Syndicate,  205  Fed.  787....  140. 
National  Min.  &  Expl.  Co.,  In  re,  7  C.  L.  O.  179,  Copp's  Min.  Lands  298. . .  .596. 


1442 


TABLE  OF  CASES. 


Navajo  Indian  Reservation,  In  re,  30  L.  D.  515  251,  255,  259,  490. 

Negus,  In  re,  11  L.  D.  32. . .  .753,  754,  756,  759. 
Neill,  In  re,  24  L.  D.  393. . .  .338,  580,  830, 

Neilson  v.  Alberty,  36  Okla.  490,  129  Pac.  847.... 972,  1019,  1026,  1027. 

Neilson  v.  Champagne  Min.,  etc.,  Co.,  Ill  Fed.  655,  21  Morr.  644.... 58,  249,  395. 

Neilson  v.  Champagne  Min.,  etc.,  Co.,  119  Fed.  123,  55  C.  C.  A.  576,  22  Morr.  438.... 58,  395,  446. 

Nelson  v.  BrowTiell,  193  Fed.  641,  113  C.  C.  A.  509.... 863,  864,  870. 

Nelson  v.  O'Neal,  1  Mont.  284,  4  Morr.  275.... 940. 

Nephi  Plaster,  etc.,  Co.  v.  Juab  County,  33  Utah  114,  93  Pac.  53, 14  L.  R.  A.  (N.  S.)  1043  18. 

Nerce  Valley,  In  re,  Copp's  Min.  Lands  187,  Sickels'  Min.  L.  &  D.  516  1207. 

Nesbitt  V.  De  Lamar's  Nevada  Gold  Min.  Co.,  24  Nev.  273,  52  Pac.  609,  77  Am.  St.  807,  19  Morr.  286  

240,  269,  286,  311,  450,  451,  459,  711. 
Nessler  v.  Biglow,  60  Cal.  98. . .  ,408. 

Nettie  Lode  v.  Texas  Lode,  14  L.  D.  180.... 295,  364,  365,  378,  379,  380,  386,  435,  439,  443,  448,  455,  473,  474, 
485,  488,  489. 

Nevada,  In  re,  Copp's  Min.  Lands  76  1271,  1274. 

Nevada,  In  re,  Copp's  Min.  Dec.  30  1272. 

Nevada  v.  Surveyor's  Mineral  Return,  1  C.  L.  O.  18  1387. 

Nevada  Lode,  In  re,  16  L.  D.  532. . .  .388,  389,  488. 

Nevada  Reservoir  Ditch  Co.  v.  Rogers,  6  C.  L.  0. 105,  Copp's  Min.  Lands  257,  Sickles'  Min.  L.  &  D.  298. .  .450. 
Nevada  Sierra  Oil  Co.  v.  Home  Oil  Co.,  98  Fed.  673,  20  Morr.  283. . .  .52,  56,  67,  71,  77,  78,  86,  90,  96,  117,  180, 

190,  219,  239,  465,  519,  521,  529,  1044,  1045,  1046,  1047. 
Newark  Mill  &  Min.  Co.  v.  Meinke,  3  C.  L.  O.  67. . .  .607. 
Newbill  V.  Thurston,  65  Cal.  419,  4  Pac.  409. . .  .219,  223,  701. 

New  Dunderberg  Min.  Co.  v.  Old,  79  Fed.  598,  25  C.  C.  A.  116. . .  .295,  307,  333,  411,  419,  421,  667,  687,  700,  704, 
712,  721. 

New  Dunderberg  Min.  Co.  v.  Old,  97  Fed.  150,  38  C.  C.  A.  89. . .  .667,  700. 
Newell,  In  re,  3  C.  L.  O.  50. . .  .834,  836. 

New  England  &  Coalinga  Oil  Co.  v.  Congdon,  153  Cal.  211,  92  Pac.  180. . .  .71,  92,  116,  117,  188,  204,  242,  512, 

519,  529,  1044,  1045. 
Newhall  v.  Sanger,  92  U.  S.  761,  23  L.  ed.  769.... 1121,  1131. 
New  Idria  Min.  Co.,  In  re,  4  C.  L.  O.  130. . .  .647,  664. 

New  Idria  Min.  Co.,  In  re,  6  C.  L.  O.  71,  Copp's  Min.  Lands  249. . .  .100,  643,  647,  664. 

New  Idria  Min.  Co.,  In  re  Copp's  Min.  Dec.  47       642,  644,  645,  665,  1244. 

New  Idria  Min.  Co.,  In  re  (L.  D.  decided  Aug.  4,  1871). . .  .664. 
New  Idria  Min.  Co.,  In  re,  15  Op.  Atty.  Gen.  388. . .  .1094. 
Newman,  In  re,  8  L.  D.  448, 1  Copp's  Pub.  Lands  435. . .  .394,  800,  801. 
Newman  v.  Barnes,  23  L.  D.  257. . .  .423,  483,  485,  500,  501. 
New  Mexico,  In  re,  31  L.  D.  389. . .  .1086, 1214,  1297,  1298. 

New  Mexico,  In  re,  35  L.  D.  1. . .  .1195, 1196,  1210, 1211,  1212, 1213, 1214, 1239,  1246, 1248,  1251,  1253,  1254,  1255, 

1256,  1266,  1267,  1268,  1273,  1281,  1298. 
Newport  Lode,  In  re,  6  L.  D.  546. . .  .303,  308,  322,  365. 

New  York  Hill  Co.  v.  Rocky  Bar  Co.,  6  L.  D.  318, 15  C.  L.  O.  3. . .  .158, 162,  390. 

New  York  Lode  &  Mill  Site  Claim,  In  re,  5  L.  D.  513,  5  Brainard's  Leg.  Prec.  43. . .  .303, 308, 322, 394,  598,  606. 
Niagara  Consol.  Gold  Min.  Co.  v.  Bunker  Hill  Consol.  Gold  Min.  Co.,  59  Cal.  612.... 831. 
Nicholls  V.  Lewis  &  Clark  Min.  Co.,  18  Idaho  224,  109  Pac.  846. . .  .50,  90,  91,  233. 
Nichols,  In  re  (L.  D.  unreported)  529. 

Nichols  V.  Becker,  11  L.  D.  8, 17,  C.  L.  O.  86. . .  .246,  247, 376, 381,  404,  438,  482. 

Nichols  V.  Williams,  38  Mont.  552, 100  Pac.  969. . .  .458. 

Nicholson,  In  re,  9  L.  D.  54. . .  .377. 

Nickals  v.  Winn,  17  Nev.  188,  30  Pac.  435. . .  .52,  89. 

Nielson  v.  Champagne  Min.,  etc.,  Co.,  29  L.  D.  491. . .  .236,  257,  268,  344,  354,  356,  365,  366,  392,  395. 
Nil  Desperandum  Placer,  In  re,  10  L.  D.  198. . .  .322,  352,  369. 
Nippel  V.  Forker,  26  Colo.  74,  56  Pac.  577.... 1228. 
Nolan,  In  re,  9  C.  L.  O.  230. . .  .306,  327. 

Nolan  V.  Coon,  1  Alaska  36  615,  873. 

Nome  V.  Steelsmith,  1  Alaska  121.... 39,  221. 

Nome-Sinook  Co.  v.  Simpson,  1  Alaska  578. . .  .189,  386,  432,  453,  454,  458,  460,  463,  478,  482,  502. 
Nome  &  Sinook  Co.  v.  Snyder,  187  Fed.  385,  109  C.  C.  A.  217, 1  Water  &  Min.  Cas.  202.... 527,  535,  536,  537, 
539. 

Nome  &  Sinook  Co.  v.  Townsite  of  Nome,  34  L.  D.  102. . .  .402,  1364,  1382.  * 
Nome  &  Sinook  Co.  v.  Townsite  of  Nome,  34  L.  D.  276. . .  .115,  127, 1168,  1382. 
Noonan  v.  Caledonia  Min.  Co.,  121  U.  S.  393,  7  S.  Ct.  911,  30  L.  ed.  1061. . .  .59,  954,  957. 

Noonan  v.  Caledonian  Gold  Min.  Co.,  10  C.  L.  O.  167, 1  Brainard's  Leg.  Prec.  171  492. 

Norager,  In  re,  10  C.  L.  O.  54. . .  .637,  1257,  1281. 

North  Bloomfield  Gravel  Min.  Co.  v.  United  States,  88  Fed.  664,  32  C.  C.  A.  84.... 940,  941,  942,  943,  944. 
North  Clyde  Quartz  Min.  Claim  &  Mill  Site,  In  re,  35  L.  D.  455. . .  .304, 583,  600,  855. 


TABLE  OF  CASES. 


1443 


North-East  Extension  of  the  Yosemitc  Mine,  In  re,  3  C.  L.  ().  18,  Copp's  Min.  Lands  190  31.'}. 

Northern  California  Power  Co.,  In  re,  37  L.  D.  80  1193. 

Northern  Light  &  Fairview  Mines,  In  re,  1  C.  L.  O.  51,  Copp's  Min.  Lands  130  713. 

Northern  Pac.  Coal  Co.,  In  re,  7  L.  D.  422,  15  C.  L.  O.  195. . .  .732,  735,  738,  772,  775,  778. 

Northern  Pac.  Land  Grant,  In  re,  41  L.  D.  571,  29  Op.  Atty.  Gen.  498  1123, 1155^ 

Northern  Pac.  Land  Grant,  In  re,  41  L.  D.  576  1123,  1124,  1155. 

Northern  Pac.  R.  Co.,  In  re,  8  L.  D.  13.... 1123,  1155. 
Northern  Pac.  R.  Co.,  In  re,  13  L.  D.  691.... 1122. 
Northern  Pac.  R.  Co.,  In  re,  20  L.  D.  187.... 1123. 
Northern  Pac.  R.  Co.,  In  re,  31  L.  D.  394....  1152,  1158. 

Northern  Pac.  R.  Co.,  In  re,  32  L.  D.  342. . .  .295,  296,  298,  412,  1115,  1119,  1124,  1177. 

Northern  Pac.  R.  Co.,  In  re,  32  L.  D.  611. . .  .357,  362,  1155. 

Northern  Pac.  R.  Co.,  In  re,  33  L.  D.  74....  1155. 

Northern  Pac.  R.  Co.,  In  re,  33  L.  D.  601. . .  .1155. 

Northern  Pac.  R.  Co.,  In  re,  37  L.  D.  408. . .  .962,  1126. 

Northern  Pac.  R.  Co.,  In  re,  39  L.  D.  314....  1118,  1120,  1123. 

Northern  Pac.  R.  Co.,  In  re,  40  L.  D.  64.... 1181,  1182. 

Northern  Pac.  R.  Co.  v.  Allen,  27  L.  D.  286....  1117. 

Northern  Pac.  R.  Co.  v.  Barden,  46  Fed.  592. . .  .2,  4,  5,  6,  111,  421,  834,  836,  1100,  1101, 1102,  1103,  1114,  1115, 

1118,  1119,  1121,  1122, 1368, 1369,  1370,  1375. 
Northern  Pacific  R.  Co.  v.  Cannon,  46  Fed.  224. . .  .1117. 
Northern  Pac.  R.  Co.  v.  Cannon,  46  Fed.  237  1117,  1349. 

Northern  Pac-  R.  Co.  v.  Cannon,  54  Fed.  252,  4  C.  C.  A.  303. . .  .63,  291,  302,  357,  412,  419,  420,  421,  510,  565, 
582,  1116,  1117,  1121. 

Northern  Pac.  R.  Co.  v.  Champion  Consol.  Min,  Co.,  14  L.  D.  699  1122. 

Northern  Pac.  R.  Co.  v.  Collins,  14  L.  D.  484. . .  .741,  761,  788,  790,  840,  1115,  1122,  1123. 

Northern  Pac.  R.  Co.  v.  Frei,  34  L.  D.  661.... 1123,  1126,  1127,  1152,  1183. 

Northern  Pac.  R.  Co.  v.  Idaho,  37  L.  D.  68. . .  .1152. 

Northern  Pac.  R.  Co.  v.  Ledoux,  32  L.  D.  24. . .  .1155,  1156. 

Northern  Pac.  R.  Co.  v.  Mann,  33  L.  D.  621.... 1152,  1181,  1183. 

Northern  Pac.  R.  Co.  v.  Marshall,  17  L.  D.  545. . .  .79,  313,  318,  319,  512,  1120,  1196. 

Northern  Pac.  R.  Co.  v.  Sanders,  166  U.  S.  620,  17  S.  Ct.  671,  41  L.  ed.  1139. . .  .635, 636, 640, 1109,  1117,  1119, 
1121,  1130. 

Northern  Pac.  R.  Co.  v.  Sanders,  46  Fed.  239. ...  1116. 

Northern  Pac.  R.  Co.  v.  Sanders,  49  Fed.  129,  1  C.  C.  A.  192. . .  .24,  179,  425,  751,  1114,  1115,  1116,  1118,  1121. 
Northern  Pac.  R.  Co.  v.  Shepherdson,  24  L.  D.  417. . .  .1123. 

Northern  Pac.  R.  Co.  v.  Soderberg,  188  U.  S.  526,  23  S.  Ct.  365,  47  L.  ed.  575.... 8,  18,  508,  1115,  1116,  1122, 

1130,  1134,  1183,  1329,  1331. 
Northern  Pac.  R.  Co.  v.  Soderberg,  86  Fed.  49. . .  .7,  1120,  1330. 

Northern  Pac.  R.  Co.  v.  Soderberg,  99  Fed.  506. . .  .968,  1100,  1107,  1116,  1152,  1313,  1330. 

Northern  Pac.  R.  Co.  v.  Soderberg,  104  Fed.  425,  43  C.  C.  A.  620. . .  .16,  635,  690,  1100,  1107,  1115,  1116,  1152, 

1313,  1314,  1330,  1331,  1332. 
Northern  Pac.  R.  Co.  v.  United  States,  176  Fed.  706,  101  C.  C.  A.  117. . .  .1180,  1182,  1183. 
Northern  Pac.  R.  Co.  v.  Violette,  36  L.  D.  182. . .  .1126. 
Northern  Pac.  R.  Co.  v.  Walker,  47  Fed.  681. . .  .1102,  1106,  1120,  1121. 
Northern  Pac.  R.  Co.  v.  Wright,  51  Fed.  68,  4  C.  C.  A.  193. . .  .1118. 
North  Fork  Water  Co.  v.  Edwards,  121  Cal.  662,  54  Pac.  69. . .  .622. 

North  Leadville  v.  Searle,  Copp's  Min.  Lands  274,  Sickels'  Min.  L.  &  D.  349  6,  625, 

Northmore  v.  Simmons,  97  Fed.  386,  38  C,  C,  A.  211,  20  Morr.  128. . .  .96,  97,  190,  191,  194,  237,  284,  617, 
North  Noonday  Min.  Co.  v.  Orient  Min.  Co.,  1  Fed.  522,  6  Sawy.  299,  9  Morr.  529. . .  .12,  14,  27, 30,  31,  37,  39, 

63,  64,  71,  72,  74,  97,  101,  116,  117,  118,  122,  128,  194,  199,  208,  211,  213,  214,  217,  219,  220,  221,  227,  228,  229, 

231,  237,  246,  251,  256,  266,  267,  478,  507,  519,  703, 

North  Noonday  Min.  Co.  v.  Orient  Min.  Co.,  11  Fed.  125,  6  Sawy.  503,  9  Morr,  524  99,  100,  116,  122,  220, 

North  Star  Lode,  In  re,  28  L.  D.  41. . .  .374,  433,  444,  462,  475,  485,  568,  572,  576. 
North  Star  Min.  Co.  v.  Central  Pac.  R.  Co.,  12  L.  D.  608,  18  C.  L.  O,  65. . .  .1100,  1104. 
Northwestern  Lode  &  Mill  Site  Co.,  In  re,  8  L,  D,  437. . .  .309,  403,  470,  471, 
Nowell  V,  McBride,  162  Fed.  432,  89  C,  C,  A,  318. ..  .432. 
Noyes  v.  Black,  4  Mont,  527,  2  Pac,  769. . .  .50,  117, 

Noyes  v,  Clifford,  37  Mont,  138,  94  Pac.  842. . .  .2,  13,  39,  44,  60,  67,  76,  77,  78,  79,  95,  556,  559,  571,  573,  574. 
Noyes  v.  Mantle,  127  U.  S.  348,  8  S.  Ct.  1132,  32  L.  ed.  168,  15  Morr.  611. . .  .40,  92,  112,  114,  118,  122,  128,  183, 
199,  329,  395,  404,  556,  557,  558,  560,  562,  563,  564,  565,  568,  1356. 

O. 

O'Connell  v.  Pinnacle  Gold  Mines  Co.,  131  Fed.  106. ...  10, 21, 24, 33, 94,  111,  112, 115, 122, 123, 126, 396, 408,  832, 
O'Connell  v.  Pinnacle  Gold  Mines  Co.,  140  Fed,  854,  72  C,  C,  A.  645,  4  L.  R.  A.  (N.  S.)  919.... 32,  33,  112, 

118,  122,  126,  266. 
O'Connor  v.  Northern  Pac.  R.  Co.,  15  L.  D.  247. . .  .1115,  1118. 


1444 


TABLE  OF  CASES. 


O'Donnell  v.  Glenn,  8  Mont.  248,  19  Pac.  302       26,  66,  97,  163,  191,  192,  202,  203,  204,  207,  231,  292,  458,  692, 

723,  1047. 

Ogg  V.  McDonald,  6  C.  L.  0. 188,  Sickels'  Min.  L.  &  D.  509. . .  .432,  463,  489. 
O'Gorman  v.  Mayfield,  19  L.  D.  522. . .  .766,  777,  778. 

O'Hanlon  v.  Ruby  Gulch  Min.  Co.  (Mont.),  135  Pac.  913  272,  274,  275,  477. 

Ohio  Lode  v.  Queen,  etc.,  Hills  Lode.   See  Hall  v.  Street. 

Ohio  Oil  Co.  V.  Indiana  Oil  Co.,  177  U.  S.  190,  20  S.  Ct.  576,  44  L.  ed.  729,  20  Morr.  466  1134. 

O'Keefe  v.  Cannon,  52  Fed.  898. . .  .6,  570. 
Oklahoma,   In   re,   35  L.  D.  509. . .  .1214,  1299,  1300. 
Oklahoma  v.  Brooks,  29  L.  D.  533. . .  .834,  972,  973,  1212. 

Oklahoma  Territory,  In  re,  14  L.  D.  226   838. 

O lathe  Placer,  In  re.   See  Sanderson,  In  re. 

Olathe  Placer  Mine,  In  re,  4  L.  D.  494,  13  C.  L.  O.  39. . .  .566,  569. 

Olathe,  etc..  Placer  Mines  v.  Mandelle  Lode.   See  Searl  v.  Finn. 

Old,  In  re,  Copp's  Min.  Dec.  201,  Sickels'  Min.  L.  &  D,  45       696,  699. 

Old  American  Lode  v.  Stevens,  12  C.  L.  O.  143  381. 

Old  Dominion  Copper  Min.  Co.  v.  Haverly,  11  Ariz.  241,  90  Pac.  333  4,  95,  295, 315,  510,  571, 575, 829, 834, 

836,  840,  1201,  1356,  1364,  1369,  1370,  1379. 
Old  Telegraph  Min.  Co.  v.  Central  Smelting  Co.,  1  Utah  331,  7  Morr.  556  461. 

Olive  Land  &  Dev.  Co.  v.  Olmstead,  103  Fed.  568,  20  Morr.  700  77,  117,  219,  397,  395,  519,  529,  746,  747, 

834,  1045,  1046,  1047,  1169,  1174,  1175,  1177,  1369,  1370. 
Oliver  v.  Agasse,  132  Cal.  297,  64  Pac.  401. . .  .622,  623. 
Olson  V.  United  States,  133  Fed.  849. . .  .732,  1321. 

Omaha  v.  Soper,  11  Colo.  380,  7  Am.  St.  246,  18  Pac.  443,  15  Morr.  496. . .  .111, 117, 125, 182, 191, 203,  259,  260, 
587,  590,  592. 

Omaha  Gold  Min.  Co.,  In  re,  3  C.  L.  O.  36,  Copp's  Min.  Lands  191  (on  appeal)  717. 

Omaha  Quartz  Mine,  In  re,  3  C.  L.  O.  163,  Copp's  Min.  Lands  198. . .  .362,  394,  713. 
Omaha  Soda  Mine  Claim,  In  re.   See  France,  Pontez  &  Co.  v.  Harrison  (Harrington). 
O'Neil  V.  Sun  Co.  (Tex.  Civ.  App.)  123  S.  W.  172....  1017. 
O'Neill  V.  Otero,  15  N.  Mex.  707,  113  Pac.  614. . .  .271,  278,  375. 
Ontario  Silver  Min.  Co.,  In  re,  13  C.  L.  O.  159. . .  .602. 

Ophir  Silver  Min.  Co.  v.  Carpenter,  4  Nev.  534,  97,  Am.  Dec.  550  658. 

Opie  V.  Auburn  Gold  Mine,  etc.,  Co.,  29  L.  D.  230. . .  .262,  353,  363,  364,  366,  368,  388,  446. 

Oreamuno  v.  Uncle  Sam  Min.  Co.,  1  Nev.  215, 1  Morr.  32  187,  258. 

Oregon,  In  re,  18  L.  D.  343. ..  .838. 

Oregon,  In  re,  32  L.  D.  105  1269. 

Oregon,  In  re,  32  L.  D.  412. . . .  1269. 
Oregon  v.  Jones,  24  L.  D.  116. ..  .1210, 1268, 1269, 1281. 
Oregon  &  California  R.  Co.  v.  Puckett,  39  L.  D.  169. . .  .1104,  1118, 1131. 
Oregon  King  Min.  Co.  v.  Brown,  119  Fed.  48,  55  C.  C.  A.  626,  22  Morr.  414. . .  .218,  220,  222. 
O'Reilly  v.  Campbell,  116  U.  S.  418,  6  S.  Ct.  421,  29  L.  ed.  669. . .  .12,  23,  27,  66,  99,  100,  183,  440,  478,  510,  643. 
Orient,  Occident,  and  Other  Mmes,  In  re,  7  C.  L.  O.  82,  Copp's  Min.  Lands  281. . .  .173,  305,  338,  339,  341, 
343,  579. 

Orient,  Occident,  and  Union  Tunnel  Lodes,  In  re,  7  C.  L.  O.  51,  Sickels'  Min.  L.  &  D.  104. . .  .338,  341. 
Original  Co.,  etc.,  v.  Winthrop  Min.  Co.,  60  Cal.  631. . .  .194,  239,  255,  282. 
Original  Cons.  Min.  Co.  v.  Abbott,  167  Fed.  681. . .  .118,  130. 
Oro  Placer  Claim,  In  re,  11  L.  D.  457. . .  .322,  361,  364,  368,  370. 
Ortiz  Mine  Grant,  In  re,  3  C.  L.  O.  23  1208. 

Oscamp  V.  Crystal  River  Min.  Co.,  58  Fed.  293, 7  C.  C.  A.  233, 17  Morr.  651. . .  .24, 26, 250, 256, 264,  266,  591,  592. 
Oscar  Lode  Claim,  In  re,  32  L.  D.  228. . .  .407. 

Osgood  V.  El  Dorado  Water,  etc.,  Min.  Co.,  56  Cal.  571. . .  .426,  613,  614,  659,  676. 
Ostenfeldt,  In  re,  41  L.  D.  265. . .  .729,  741. 
Ouimette  v.  O'Connor,  22  L.  D.  538. . .  .762,  767. 
Ouimette  v.  O'Connor,  23  L.  D.  243  762. 

Ovens  V.  Stephens,  2  L.  D.  699,  9  C.  L.  O.  190. . .  .379,  441,  455,  470,  483,  488,  490. 

Overgaard  v.  Westerberg,  3  Alaska  168. ...  10, 23,  63,  64, 68,  77, 184, 186,  198, 214, 215, 216, 395, 424, 440, 510,  899. 

Overman  v.  Dardenalles,  Copp's  Min.  Lands  98,  Copp's  Min.  Dec.  181  716,  718. 

Overman  Silver  Min.  Co.  v.  Corcoran,  15  Nev.  147,  1  Morr.  691  37,  47,  68,  152. 

Oviatt,  In  re,  35  L.  D.  235. . .  .735. 

Oviatt  V.  Big  Four  Min.  Co.,  39  Oreg.  118,  65  Pac.  811.... 612,  620. 
Owers  V.  Killoran,  29  L.  D.  160. . .  .374,  381,  422. 

P. 

Pacific  Coal  &  Transportation  Co.  v.  Pioneer  Min.  Co.,  205  Fed.  577  550. 

Pacific  Coast  Marble  Co.  v.  Northern  Pac.  R.  Co.,  25  L.  D.  233.... 1,  8,  10, 11,  16,  17,  18,  19,  20,  35,  80,  517, 
518,  519,  520,  635,  672,  684,  689,  723,  724,  740,  787,  793,  842,  1093,  1115,  1122,  1153,  1167,  1202,  1275,  1314,  1316, 
1330,  1331,  1332. 


TABLE  OF  CASES. 


1445 


Pacific  Coast  Min.,  etc.,  Co.  v.  Spargo,  16  Fed.  348,  8  Sawy.  645  295,  296,  396,  .397,  40S,  409,  413,  41.''),  416, 

420, 426,  1101,  1102,  1119. 

racific  Slope  Lode,  In  re,  12  L.  D.  686, 18  C.  L,  O.  76. . .  .183, 199, 210, 297, 491, 575,  701, 1225,  1359,  1361,  1.369, 
1370,  1371,  1373. 

Pacific  Slope  Lode  v.  Butte  Townsitc,  25  L.  D.  518.... 567,  1359,  1369,  1381. 
Pago,  In  re,  1  L.  D.  614,  10  C.  L.  O.  18. . .  .605. 

Page,  In  re,  Copp's  Min.  Lands  145,  Sickels'  Min.  L.  &  D.  348       674,  707. 

Page,  In  re,  2  C.  L.  O.  82,  Copp's  Min.  Lands  176. . .  .709,  722,  840. 

Pagosa  Springs,  In  re,  1  L.  D.  562,  9  C.  L.  O.  230. . .  .319,  621,  1203, 1207. 

Paire  v.  Markham,  21  L.  D.  197. . .  .756,  757,  759,  767. 

Palmer,  In  re,  38  L.  D.  294. .. .44  ,  46,  81,  96,  519,  613,  1173. 

Panoche  Grande,  In  re.   See  Secretary  v.  McGarrahan. 

Papina  v.  Alderson,  10  C.  L.  O.  52. . .  .331,  436,  642,  790,  1359,  1368,  1373,  1378, 

Pardee  v.  Murray,  4  Mont.  234,  2  Pac.  16. . .  .120,  441,  589,  590,  592. 

Parkersville  District  v.  Wattier,  48  Oreg.  332,  86  Pac.  775. . .  .615,  622,  636, 642, 657,  659. 

Parks  V.  Hendsch,  12  L.  D.  100, 17  C.  L.  O.  256. . .  .329,  518,  688,  689,  1314. 

Parlee's  Park  Min.  Co.  v.  Kerr,  130  U.  S.  256,  9  S.  Ct.  511,  32  L.  ed.  906, 17  Morr.  201 ... .  12, 63, 96, 97, 120, 432. 
Parrot  Silver  &  Copper  Co.  v.  Heinze,  25  Mont.  139,  64  Pac.  326,  87  Am.  St.  386,  53  L.  R.  A.  491,  21  Morr. 

232. . .  .103,  113,  130,  131,  134,  136,  143,  144,  150,  151. 
Parsons,  In  re,  Sickels'  Min.  L.  &  D.  48. . .  .180. 
Parsons  v.  Ellis,  23  L.  D.  69. . .  .366,  383,  384,  388. 
Parsons  v.  Ellis,  23  L.  D.  504. . .  .293,  358,  384,  388. 
Partridge  v.  McKinney,  10  Cal.  181  636. 

Patchen  v.  Keeley,  19  Nev.  404,  14  Pac.  347. . .  .59,  72,  117,  118,  131,  185,  214,  703. 
Patent  Extension  Lode,  In  re,  15  L.  D.  133. . .  .395,  413,  592. 

Patten  v.  Conglomerate  Min.  Co.,  35  L.  D.  617  159. 

Patterson,  In  re,  Sickels'  Min.  L.  &  D.  462. . .  .709,  710. 

Patterson  v.  Hitchcock,  3  Colo.  533,  544,  5  Morr.  543.... 62,  143,  219,  322,  538,  646,  649,  693,  695. 
Patterson  v.  Keystone  Min.  Co.,  30  Cal.  360. . .  .91,  125. 

Patterson  v.  Tarbell,  26  Oreg.,  29,  37  Pac.  76. . .  .50,  93,  184,  185,  191,  202,  219,  685,  693,  694,  700,  701. 
Patterson  v.  Winn,  24  U.  S.  (11  Wheat.)  380. . .  .421,  423. 

Patton,  In  re,  Copp's  Min.  Lands  133,  Sickels'  Min.  L.  &  D.  337       675,  685,  697,  708. 

Paul  V.  Cragnaz,  25  Nev.  293,  59  Pac.  857,  60  Pac.  983,  47  L.  R.  A.  540. . .  .53,  692. 

Paul  Jones  Lode,  In  re,  28  L.  D.  120  325. 

Paul  Jones  Lode,  In  re,  31  L.  D.  359  86,  325. 

Payton  v.  Burns,  41  Oreg,  430,  69  Pac.  134  209. 

Peabody  Gold  Min.  Co.  v.  Gold  Hill  Min.  Co.,  97  Fed.  657. . .  .51,  90, 180,  402,  406,  409,  414,  417. 
Peabody  Gold  Min.  Co.  v.  Gold  Hill  Min.  Co.,  106  Fed.  241. . .  .420,  1228. 

Peabody  Gold  Min.  Co.  v.  Gold  Hill  Min.  Co.,  Ill  Fed.  817,  49  C.  C.  A.  637, 21  Morr.  591. . .  .63, 294, 406,  411, 

414,  417,  419,  420,  421,  422,  524. 
Peachy  v.  Frisco  Gold  Mines  Co.,  204  Fed.  659.... 252,  259,  265,  267,  286,  287. 
Peacock  Mill  Site,  In  re,  27  L.  D.  373. . .  .394,  598. 

Pearsall,  In  re,  14  C.  L.  O.  210,  6  L.  D.  227. . .  .398,  515,  524,  527,  530,  535,  538,  542,  673. 
Peavey,  In  re,  31  L.  D.  186....  11 76. 
Peck,  In  re,  34  L.  D.  682. . .  .366,  505. 

Peck,  In  re,  10  C.  L.  O.  119, 1  Brainard's  Leg.  Prec.  175.  ...184  ,  381. 

Pederson  Lode  v.  Black  Hawk  Townsite,  14  L.  D.  186  1373. 

Peerless  Lode,  In  re.    See  Seymour,  In  re. 

Peirano  v.  Pendola,  10  L.  D.  536,  17  C.  L.  O.  40. . .  .6,  33,  317,  510. 
Penn  v.  Marshall,  10  C.  L.  O.  342. . .  .627. 

Penn  v.  Oldhauber,  24  Mont.  287,  61  Pac.  649....  195,  238,  239,  252. 

Pennsylvania  Consol.  Min.  Co.  v.  Grass  Valley  Exploration  Co.,  117  Fed.  509, 22  Morr.  306  132, 153. 

Pennsylvania  Min.  Co.  v.  Bales,  18  Colo.  App.  108,  70  Pac.  444  476. 

People  V.  District  Court,  19  Colo.  343,  35  Pac.  731. . .  .358,  374,  449. 

People  V.  Gold  Run,  etc.,  Min,  Co.,  66  Cal.  138,  4  Pac.  1150,  56  Am.  St.  80  943. 

Peoria  &  Colorado  Min.,  etc.,  Co.  v.  Turner,  20  Colo.  App.  474,  79  Pac.  915. . .  .49,  57,  87,  92,  111,  118, 127,  297, 
399. 

Perego  v.  Dodge,  163  U.  S.  160, 16  S.  Ct.  971, 41  L.  ed,  113. . .  .307,  431,  448,  450,  452,  453,  454, 462, 464,  481,  482, 

483,  484,  486,  487,  497,  498, 
Perego  v.  Dodge,  9  Utah  3,  33  Pac,  221. . .  .459,  479. 

Perego  v.  Erwin,  85  Fed,  904,  19  Morr,  269. . .  .68,  72,  196,  223,  225,  255,  264,  411. 

Pereira  v.  Jacks,  15  L.  D.  273. . .  .1262,  1282. 

Perrott  v.  Connick,  13  L,  D,  598. . .  .400. 

Peru  Lode  &  Mill  Site,  In  re,  10  L.  D.  196. . .  .601,  603,  605. 

Peters  v.  Tonopah  Min.  Co.,  120  Fed.  587  206,  208. 

Peterson,  In  re,  6  L.  D.  371, 15  C.  L.  O.  14. . .  .732,  733,  735,  736,  772,  780, 
Petit  V.  Buffalo  Gold,  etc.,  Min,  Co.,  9  L,  D,  563. . .  .377,  472. 


1446 


TABLE  OF  CASES. 


Petroleum  Co.  v.  Tulare,  etc.,  Min.  Co.   See  Buena  Vista  Petroleum  Co.  v.  Tulare,  etc.,  Min.  Co. 
Pharis  v.  Muldoon,  75  Cal.  284,  17  Pac.  70, 15  Morr.  348. . .  .215,  246,  251,  269. 
Phifer  v.  Heaton,  27  L.  D.  57. . .  .8,  18,  332. 
Philadelphia  Lode,  In  re.   See  Breece  Mia.  Co.,  In  re. 

Philadelphia  Lode  Claimants  v.  Pride  of  the  West  Claimants,  3  C.  L.  O.  82,  Copp's  Min.  Lands  194  85, 

369,  504. 

Philadelphia  Min.  Co.  v.  Finley,  In  re,  10  C.  L.  O.  340,  1  Brainard's  Leg.  Prec.  410  364,  441,  443. 

Phillips,  In  re,  6  C.  L.  O.  92. . .  .717. 

Phillips,  In  re,  8  C.  L.  O.  5,  Copp's  Min.  Lands  267. . .  .428,  584,  585. 

Phillips  V.  Brill,  17  Wyo.  26,  95  Pac.  856. . .  .66,  89. 

Phillips  V.  Smith,  11  Ariz.  309,  95  Pac.  91. . .  .52,  214. 

Phillpotts  V.  Blasdell,  8  Nev.  62,  4  Morr.  341. . .  .43,  200,  202. 

Phoenix  Gold  Min.  Co.,  In  re,  40  L.  D.  313. . .  .331,  359,  593. 

Phoenix  Min.,  etc.,  Co.  v.  Scott,  20  Wash.  48,  54  Pac.  777. . .  .32,  94,  123,  185. 

Phosphate  Deposits,  In  re,  17  C.  L.  O.  30  19. 

Phosphate  Deposits,  In  re,  17  C.  L.  O.  74. . .  .19,  238,  251,  332,  470,  532,  583,  684. 

Phosphate  Deposits,  In  re,  17  C.  L.  O.  75  519. 

Piatt,  In  re,  33  L.  D.  270. . .  .18,  19,  847,  1330. 

Pierce  v.  Bond,  22  L.  D.  345. . .  .293,  1312,  1329. 

Pierce  v.  Rock  Creek  Min.  Co.,  37  Oreg.  342,  61  Pac.  348. . .  .458. 

Pierce  v.  Sparks,  4  Dak.  1,  22  N.  W.  481. . .  .408,  1357. 

Pierce  v.  Wells,  6  Colo.  406. . .  .417. 

Pike's  Peak  Lode,  In  re,  10  L.  D.  200. . .  .17,  112,  311,  342,  374,  395,  409,  416,  435,  470,  524,  555,  556,  560,  562, 

564,  566,  567,  568,  569,  570,  572,  573,  575,  1356,  1361,  1369. 
Pike's  Peak  Lode,  In  re,  14  L.  D.  47,  18  C.  L.  O.  25. . .  .92,  293,  395,  524,  562,  565,  570,  573,  1370. 
Pike's  Peak  &  Other  Lodes,  In  re,  34  L.  D.  281. . .  .361,  362. 
Pilot  Hill  &  Other  Lodes,  In  re,  35  L.  D.  592. . .  .323,  654,  661,  665,  696. 

Pinedo,  In  re,  8  C.  L.  O.  5,  Copp's  Min.  Lands  266,  Sickels'  Min.  L.  &  D.  81  304  ,  585, 

Pipe  Line  Cases.   In  re.   See  United  States  v.  Ohio  Oil  Co. 
Pirtle  V.  Steflfee,  31  L.  D.  400. . .  .1227. 

Piru  Oil  Co.,  In  re,  16  L.  D.  117. . .  .115,  333,  404,  516,  519,  522,  570,  846,  1046,  1356. 
Pittsburg-Nevada  Min.  Co.,  In  re,  39  L.  D.  523. . .  .405. 
Placer  Claims,  In  re,  Copp's  Mm.  Lands  121  —  707. 
Placer  Min.  Claims,  In  re,  10  C.  L.  0  .  3...  .542,  673. 

Placer  Min.  Claims  in  Alaska,  In  re,  41  L,  D.  337   875,876,877. 

Plested,  In  re,  40  L.  D.  610. . .  .748,  781. 

Plested  V.  Abbey,  228  U.  S.  42,  33  S.  Ct.  503. . .  .732,  751. 

Plevna  Lode,  In  re,  11  L.  D.  236, 17  C.  L.  O.  148. . .  .305,  323,  326. 

Plymouth  Lode,  In  re,  12  L.  D,  513,  18  C.  L.  O.  64. . .  .34,  575,  1146,  1225,  1356,  1365, 1368,  1372,  1373, 1374. 
Pocatello  Gold  &  Copper  Min.  Co.,  In  re,  42  L.  D.  550. . .  .304,  360,  428. 
Poire  V.  Wells,  6  Colo.  406. . .  .51,  295,  411,  526,  532,  674,  1357,  1370. 
Polack,  In  re,  8  C.  L.  O.  189. . .  .1091. 

Pollard  V.  Shively,  5  Colo.  309  ,  2  Morr.  229. . .  .207,  208,  214,  216,  220,  228,  231,  653,  701. 

Poore  V.  Kaufman,  44  Mont.  248,  119  Pac.  785. . .  .123,  236,  250,  251,  253,  371,  373,  375,  378,  442,  715. 

Poplar  Creek  Consol.  Quartz  Mine,  In  re,  16  L.  D.  1  54,  56,  66,  323. 

Poppe  V.  Atheam,  42  Cal.  606. . .  .1170. 
Porter  v.  Throop,  6  L.  D.  691 . . . .  747. 

Porter  v.  Tonopah  North  Star  Tunnel  &  Dev.  Co.,  133  Fed.  756. . .  .59  ,  87,  230,  264  ,  480,  531. 

Porter  v.  Tonopah  North  Star  Tunnel  &  Dev.  Co.,  146  Fed.  385,  76  C.  C.  A.  657. . .  .480. 

Porterfleld  Scrip,  In  re,  3  C.  L.  O.  83,  Sickels'  Min.  L.  &  D.  517. . .  .597,  690,  1078. 

Poujade  v.  Ryan,  21  Nev.  449,  33  Pac.  659. . .  .207,  209. 

Powell,  In  re,  39  L.  D.  177. . .  .830, 1177. 

Powell  V.  Ferguson,  23  L.  D.  173. . .  .294,  372,  374,  462,  463. 

Power  V.  Hoffman,  18  C.  L.  O.  172. . .  .16. 

Power  V.  Sla,  24  Mont.  243,  61  Pac.  468. . .  .208,  241,  243,  244,  246,  254. 

Powers  V.  United  States,  119  Fed.  562,  56  C.  C.  A.  128.... 1339,  1342,  1343,  1346,  1348,  1349. 

Prairie  Oil  &  Gas  Co.  v.  United  States,  204  Fed.  798.... 1071, 1072. 

Pralus  V.  Jefferson  Gold,  etc.,  Min.  Co.,  34  Cal.  558, 12  Morr.  473. . .  .636. 

Pralus  V.  Pacific  Gold  &  Silver  Min.  Co.,  35  Cal.  30,  12  Morr.  478. . .  .831. 

Pratt  V.  Avery,  7  L.  D.  554,  15  C.  L.  O.  244. . .  .360,  369. 

Pratt  V.  United  Alaska  Min.  Co.,  1  Alaska  95  90,  91. 

Preston,  In  re,  10  C.  L.  O.  34. . .  .357,  405. 

Preston  v.  Hunter,  67  Fed.  996, 15  C.  C.  A.  148. . .  .198,  200,  211,  266. 

Price  v.  Mcintosh,  1  Alaska  286. . .  .23,  52,  62,  89, 90,  91, 96,  145,  232,  526,  527,  530,  618,  650,  655,  672,  674,  684, 

696,  704,  707,  1089. 
Price  V.  Mcintosh,  1  Alaska  300. . .  .535. 
Pride  of  the  West.   In  re,  See  Schoellkopf,  In  re. 


TABLE  OF  CASES. 


1447 


Prince  of  Wales  v.  Highland  Chief.   See  Walker  v.  Schenck. 

Producers'  Oil  Co,  v.  Ilanszen  (La.),  61  So.  754  1333. 

Protector  Lode,  In  re,  12  L.  D.  6()2, 18  C.  L.  O.  75. . . .  1225, 1361. 

Providence  Gold  Min.  Co.  v.  Burke,  6  Ariz.  323,  57  Pac.  641,  19  Morr.  625  257,  258,  204,  205, 449, 452,  461, 

462,  497,  500. 

Providence  Gold  Min.  Co.,  v.  Marks,  7  Ariz.  74  ,  60  Pac.  938. . .  .448,  450. 
Purdum  v.  Laddin,  23  Mont.  386,  59  Pac.  153. . .  .50,  227. 
Pure  on  Co.,  In  re,  16  L.  D.  117....  112. 
Purtle  V.  Steffee,  31  L.  D.  400. . .  .348,  1313,  1317. 

Q. 

Quartz  Gold  Min.  Co.,  In  re,  157  Fed.  243. . .  .915. 

Quartzite  Lode,  In  re,  26  L.  D.  643  342. 

Queen  v.  Earl  of  Northumberland,  1  Plow.  310  9, 

Quigley  v.  California,  24  L.  D.  507. . .  .7,  318,  513,  539,  840. 

Quigley  v.  Gillett,  101  Cal.  462,  35  Pac.  1040,  18  Morr.  68. . .  .114,  251,  258,  264,  205,  284,  335,  386,  450,  460. 
Quimby  V.  Boyd,  8  Colo.  194,  6  Pac.  462. ..  .227,  229,  231,  242,  252,  258. 
Quinby  v.  Conlan,  104  U.  S.  420,  26  L.  ed.  800. . .  .22,  1174. 

Quincy  Granite  Quarries  Co.,  In  re,  147  Fed.  279   914, 915. 

Quinn  v.  Baldwin  Star  Coal  Co.,  19  Colo.  App,  497,  76  Pac.  552  422. 

R. 

Rablin,  In  re,  2  L.  D.  764,  10  C.  L.  O.  338. . .  .515,  527,  530,  535,  538,  541,  542,  543,  546,  673. 

Rader  v.  Allen,  27  Oreg.  344,  41  Pac.  154. . .  .121. 

Railroad  Lode  v.  Noyes  Placer,  9  L.  D.  26, 16  C.  L.  O.  11. . .  .571. 

Railway  Co.  v.  Checkley,  L.  R.  4  Eq.  19. . .  .1331. 

Ramage,  In  re,  2  C.  L.  0. 115,  Copp's  Min.  Lands  177  445,  494. 

Ramey,  In  re,  15  C.  L.  O.  194. . .  .741,  1281. 
Randolph,  In  re,  23  L.  D.  329. . .  .20,  1161, 1314, 1315. 
Randolph,  In  re,  23  L.  D.  516. . .  .1160,  1161, 1314,  1315,  1330. 
Range  View  Lode,  In  re,  7  L.  D.  318. . .  .339. 

Rankin,  In  re,  7  L.  D.  411, 15  C.  L.  O.  208. . .  .331,  482,  483,  500,  501,  1358,  1370. 

Rattlesnake  Jack  Lode,  In  re.   See  Preston,  In  re. 

Raunheim  v.  Dahl,  6  Montana  167,  9  Pac.  892. . .  .384,  388,  560,  561,  565. 

Raven  Min.  Co.,  In  re,  34  L.  D.  306. ..  .1011, 1023. 

Raven  Min.  Co.,  In  re,  35  L.  D.  382. . .  .1011, 1023. 

Raven  Min.  Co.,  In  re,  36  L.  D.  190. . .  .1022. 

Rawlins  v.  Casey,  19  Colo.  App.  152,  73  Pac.  1090. . .  .476. 

Ray  Copper  Lode,  In  re,  18  L.  D.  536. . . .  182. 

Raymond  v.  Redifer,  21  L.  D.  228. . .  .842. 

Rea  v.  Stephenson,  15  L.  D.  37. . .  .34,  332,  747,  842,  843,  844. 

Read,  In  re,  1  C.  L.  O.  34. . .  .697. 

Reagan  v.  McKibben,  11  S.  Dak.  270,  76  N.  W.  943, 19  Morr.  556. . .  .124,  125. 
Reavis  v.  Franza,  215  U.  S.  16,  30  S.  Ct.  1. . .  .1053, 1067. 

Rebecca  Gold  Min.  Co.  v.  Bryant,  31  Colo.  119,  71  Pac.  1110, 102  Am.  St.  17,  22  Morr.  538.... 203,  400. 

Rebellion  Min.  Co.,  In  re,  1  L.  D.  542,  8  C.  L.  O.  105. ..  .326,  329. 

Rebel  Lode,  In  re,  12  L.  D.  683, 18  C.  L.  O.  86. . .  .567. 

Rector  v.  Gibbon,  111  U.  S.  276,  4  S.  Ct.  605. . .  .1160,  1376. 

Red  Pine  Mine,  In  re.   See  Daly,  In  re. 

Redden  v.  Harlan,  2  Alaska  402. . .  .71, 90,  203. 

Reduction  Works  v.  Stevenson.   See  Reno  Smelting,  etc.,  Reduction  Works  v.  Stevenson. 

Red  Warrior  Lode,  In  re,  Copp's  Min.  Lands  117,  Copp's  Min.  Dec.  204  665. 

Reed,  In  re,  6  L.  D.  563. . .  .400. 
Reed,  In  re,  29  L.  D.  188. . .  .848. 

Reed,  In  re,  Copp's  Min.  Lands  79,  Sickels'  Min.  L.  &  D.  141  665,  666. 

Reed,  In  re,  Copp's  Min.  Lands  124  693. 

Reed  v.  Bouron,  26  L.  D.  66. . .  .598. 

Reed  v.  Bowron,  32  L.  D.  383. . .  .295,  357,  358,  367,  368,  594,  598. 
Reed  v.  Hoyt,  1  L.  D.  603,  9  C.  L.  O.  190. . .  .379,  470,  490. 
Reed  v.  Mvmn,  148  Fed.  737,  80  C.  C.  A.  215. . .  .111, 114, 121, 122. 
Reed  v.  Nelson,  29  L.  D.  615. . .  .746,  753,  767,  768. 

Reeden  v.  Harlan,  2  Alaska  402  52, 89. 

Reedy  v.  Weeson,  1  Alaska  570   278. 

Regan  v.  Whittaker,  14  S.  Dak.  373,  85  N.  W.  863. . .  .1358. 

Register  at  Central  City,  In  re,  Copp's  Min.  Dec.  207  1378. 

Register  and  Receiver,  In  re,  Copp's  Min.  Lands  235   647. 

Register  and  Receiver,  In  re,  Copp's  Min.  Lands  345  690. 

Regulations,  In  re,  1  L.  D.  561 ... .  18. 


1448 


TABLE  OF  CASES. 


Reid  V.  Lavallee,  26  L.  D.  100. . .  .748,  841,  842. 

Reilly  v.  Berry,  2  Ariz.  272,  15  Pac.  26. . .  .1356,  1369. 

Reins  v.  Montana  Copper  Co.,  29  L.  D.  461. . .  .334,  335,  369,  471. 

Reins  V.  Murray,  22  L.  D.  409. . .  .211,  215,  216,  513,  531,  543. 

Reins  v.  Raunheim,  28  L.  D.  526. . .  .71,  315,  333,  372,  384,  388,  539. 

Remmington  v.  Baudit,  6  Mont.  138,  9  Pac.  819       237,  243,  248,  698. 

Reno  Smelting,  etc.  Reduction  Works  v.  Stevenson,  20  Nev.  269,  21  Pac.  317, 19  Am.  St.  364, 4  L.  R.  A. 
60.... 610,  614,  619,  657. 

Repeater  and  Other  Lode  Claims,  In  re,  35  L.  D.  54       272,  273,  274,  391. 

Republican  Min.  Co.  v.  Tyler  Min.  Co.  79,  Fed.  733,  25  C.  C.  A.  178. . .  .143,  144. 

Reservation  of  Land,  In  re,  17  Op.  Atty.  Gen.  230  3, 15,  36. 

Reservation  of  Land,  In  re,  17  Op.  Atty.  Gen.  232  189. 

Revenue  Min.  Co.  v.  Balderston,  2  Alaska  363  614,  873. 

Rex  Lode,  In  re,  29  L.  D.  635. . .  .356. 

Reynolds  v.  Iron  Silver  Min.  Co.,  116  U.  S.  687,  6  S.  Ct.  601, 29  L.  ed.  774, 15  Morr.  591. . .  .1,  41,  95,  421,  506, 

509,  514,  517,  555,  556,  557,  558,  562,  563  564,  565,  566,  568,  571,  572,  574,  685. 
Reynolds  v.  Mining  Co.   See  Reynolds  v.  Iron  Silver  Min.  Co. 
Reynolds  v.  Pascoe,  24  Utah  219,  66  Pac.  1064. . .  .66,  87. 
Rhodes,  v.  Treas,  21  L.  D.  502. . .  .308,  318,  520,  539. 

Rialto  No.  2  Placer  Min.  Claim,  In  re,  34  L.  D.  44. . .  .514,  530,  541,  542,  543,  545. 

Rice,  In  re,  11  L.  D.  213. . .  .306. 

Rice  V.  Bush,  16  Colo.  484,  27  Pac.  720. .. .  499. 

Rice  V.  California,  24  L.  D.  14. . .  .838,  1282. 

Richards  v.  Dower,  81  Cal.  44,  22  Pac.  304. . .  .2,  12,  1277,  1356,  1358,  1367,  1377,  1378. 
Richardson  v.  McNulty,  24  Cal.  339,  1  Morr.  11 ... .  262. 
Richardson  v.  Wilson,  41  L.  D.  275. . .  .762,  763,  1217,  1218. 
Richmond  Lode,  In  re,  1  L.  D.  545. . .  .361. 

Richmond  Min.  Co.  v.  Eureka  Min.  Co.,  103  U.  S.  839,  9  Morr.  578. . .  .45,  146,  160,  494,  697. 

Richmond  Min.  Co.  v.  Rose,  114  U.  S.  576,  5  S.  Ct.  1055,  29  L.  ed.  273        63,  91,  173,  298,  307,  357,  373,  380, 

398,  417,  420,  432,  440,  444,  448,  449,  454,  461,  462,  468,  469,  472,  473,  474,  486,  489,  490,  491,  493,  538. 
Richmond  and  Other  Lode  Claims,  In  re,  34  L.  D.  554. . .  .320,  327,  367. 
Richmond  Silver  Min.  Co.  v.  Davy,  10  C.  L.  O.  291. . . .  13,  25,  103,  135,  187. 
Richter  v.  Utah,  27  L.  D.  95. . . .  19,  332,  859,  1122,  1265,  1295. 
Rico  Lode,  In  re,  8  L.  D.  223. . .  .304,  427,  428. 

Rico  To\\'nsite,  In  re,  1  L.  D.  556,  9  C.  L.  O.  90. . .  .118,  416,  572,  595,  597,  599j  600,  603,  607,  1358,  1359,  1360, 

1365,  1368,  1369,  1372,  1374,  1379. 
Rider,  In  re,  42  L.  D.  505. . .  .730,  768. 
Riley,  In  re,  33  L.  D.  68. . . .  10,  35,  310,  425,  747,  835,  844. 
Rinda  v.  Northern  Pacific  R.  Co.,  19  L.  D.  184.... 846. 
Ring  V.  Montana  Loan  &  Realty  Co.,  33  L.  D.  132  266,  336,  439. 

Rio  Grande  Western  R.  Co.  v.  Telluride  Power,  etc.,  Co.,  16  Utah  125,  51  Pac.  146. . .  .610. 

Risch  V.  Wiseman,  36  Oreg.  484,  59  Pac.  1111,  78  Am.  St.  783,  20  Morr.  409. . .  .52,  53,  186,  552. 

Riste  V.  Morton,  20  Mont.  139,  49  Pac.  656. . . .  198,  230,  274. 

Ritter,  In  re,  37  L.  D.  715. . . .  272,  309,  373,  374,  383,  393,  407,  462,  479,  500. 

Ritter  v.  Lynch,  123  Fed.  930. . .  .52,  53,  76,  516,  1369. 

Riverside  Oil  Co.  v.  Hitchcock,  190  U.  S.  316,  23  S.  Ct.  698,  47  L.  ed.  1074. . .  .295. 

Riverside  Oil  Co.  v.  Hitchcock,  21  App.  Cas.  (D.  C.)  252. . . .  1045,  1169. 

Rives  V.  Gulf  Refining  Co.  (La.),  62  So.  623. . . .  1333. 

Robbms,  In  re,  42  L.  D.  481. . . .  109,  277,  424,  427,  428,  1316. 

Roberts,  In  re,  41  L.  D.  639. . .  .814. 

Roberts  v.  Foote,  9  C.  L.  O.  3. . . .  1281. 

Roberts  v.  Jepsom,  4  L.  D.  60. . .  .319,  511,  519,  745. 

Roberts  v.  Southern  Pacific  R.  Co.,  186  Fed.  934. . .  .295,  298,  417,  1120,  1122,  1124,  1133,  1135,  1137. 
Roberts  v.  Wilson,  1  Utah  292,  4  Morr.  498. . .  .117,  118,  185,  194  ,  218, 
Robertson  v.  Smith,  1  Mont.  410,  7  Morr.  196. . .  .21,  640,  643,  644,  659. 
Robinson  v.  Forrest,  29  Cal.  318. .. .  1195. 

Robmson  v.  Mayger,  1  L.  D.  538,  9  C.  L.  O.  190. . .  .439,  441,  490. 

Robinson  v.  Roydor,  1  L.  D.  564,  10  C.  L.  O.  18. . .  .331,  410,  566,  569,  571. 

Robinett  v.  United  States,  169  Fed.  778,  95  C.  C.  A.  244. . . .  1311,  1315,  1318,  1319,  1321,  1324. 

Rob  Roy  Lode,  In  re,  1  Brainard's  Leg.  Prec.  173  310. 

Roby  V.  Jackson,  109  U.  S.  440,  3  S.  Ct.  301. .. .  178. 

Rockwell  V.  Graham,  9  Colo.  36, 10  Pac.  284,  15  Morr.  299. . .  .613,  623. 

Rocky  Lode,  In  re,  15  L.  D.  571. . .  .328,  336,  394. 

Rocky  Mountain  Coal  &  Iron  Co.,  In  re,  1  C.  L.  O.  1  1110. 

Rodgers  v.  Soggs,  22  Cal.  444. . . .  1346. 

Rogers,  In  re,  4  L.  D.  284,  12  C.  L.  O.  288. . .  .323,  324,  519,  523,  533,  1040. 
Rogers  v.  Cooney,  7  Nev.  213, 14  Morr.  85  1100. 


TABLE  OF  CASES. 


1449 


Rogers  V.  Lukons,  tl  L.  D.  111. . .  .781. 

Rolfe,  In  re,  ('opp's  Min.  Liinds  17(1,  Copp's  Min.  Dec.  297  19. 

Rollins,  In  re,  1  C.  L.  O.  19.  . .  089. 
Rollins,  In  re,  Copp's  Min.  Lands  33;{. . .  .(iSS,  (190. 
Rollins  Cold  &  Silver  Min.  Co.,  In  re,  102  Fed.  982.  ...915. 
Romance  Lode  Min.  Claim,  In  re,  31  L.  D.  51  1227. 

Roman  Placer  Min.  Co.,  In  re,  34  L.  D.  200. . .  .514,  523,  530,  531,  533,  535,  541,  45. 

Rooney  v.  Bametie,  200  Fed.  700. . .  .57,  87,  240,  247,  527,  528,  535. 

Roots,  In  re,  42  L.  D.  82. . .  .813,  821. 

Rose  V.  Dimieen,  20  L.  D.  107. . .  .756,  768,  769,  770. 

Rose  V.  Mining  Co.   See  Rose  v.  Richmond  Min.  Co. 

Rose  V.  Richmond  Mhi.  Co.,  17  Nev.  25  ,  27  Pac.  1105. . .  .59,  87,  91,  100,  118,  128,  142,  263,  373,  420,  431 ,  432, 

444,  445,  449,  453,  m,  468,  476,  494,  495,  496,  645,  701. 
Rose  No.  1,  etc.,  Lode  Claim,  In  re,  22  L.  D.  83. . . .  101,  193,  213,  337,  339,  340. 

Rosenthal  v.  Ives,  2  Idaho  (244)  265,  12  Pac.  904,  15  Morr.  324. ...  14,  188,  453,  458,  477,  478,  481, 482,527,  703. 
Roseville  Co.  v.  Iowa  Culch  Co.,  15  Colo.  29,  24  Pac.  920,  22  Am.  St.  373. .  ..94,  122,  126. 
Rosse  V.  Wainman,  14  Mees.  &  W.  859. .. .  1313,  1331. 
Rosser,  In  re,  42  L.  D.  571. . .  .337,  749,  750. 

Rough  Rider  and  Other  Claims,  In  re,  41  L.  D.  242. . .  .67,  74,  75,  77,  78,  79. 
Rourke  v.  McNally,  98  Cal.  291,  33  Pac.  62. . .  .52. 
Rowena  Lode,  In  re,  7  L.  D.  477. . .  .308,  311,  854. 

Roxanna  Gold  Min.,  etc.,  Co.  v.  Cone,  100  Fed.  168,  20  Morr.  323. . . .  130,  590. 
Royal  K  Placer,  In  re,  13  L.  D.  86. . . .  15,  19,  294,  313,  315,  510,  511. 
Royston  v.  Miller,  76  Fed.  50,  18  Morr.  418. . .  .234,  245,  246,  272,  278,  286,  287. 
Rucker  v.  Knisley,  14  L.  D.  113. ...  15,  743,  744,  745,  746,  834. 

Rupp  v.  Healey,  38  L.  D.  387. . .  .64,  79,  303,  308,  309,  372,  376,  379,  384,  388,  405,  481,  500. 

Rush  V.  French,  1  Ariz.  99,  25  Pac.  816. ...  14,  640,  653,  692,  703,  704. 

Russell,  In  re,  5  C.  L.  O.  18. . .  .320,  337,  341,  354,  367. 

Russell  V.  Brosseau,  65  Cal.  605,  4  Pac.  643. . .  .178,  185,  234,  251. 

Russell  V.  Chumasero,  4  Mont.  309,  1  Pac.  713,  15  Morr.  508       230,  700. 

Russell  V.  Dufresne,  1  Alaska  480. ...  72. 

Russell  v.  Wilson  Creek  Consol.  Min.,  etc.,  Co.,  30  L.  D.  322  345. 

Russel  Lode,  In  re,  5  C.  L.  O.  18.  - . . 578. 
Rust,  In  re,  2  L.  D.  754,  11  C.  L.  O.  102. . . .  180. 
Rutt  V.  Healey.   See  Rupp  v.  Healey. 

Rutter  V.  Shoshone  Min.  Co.,  75  Fed.  37. . .  .385,  439,  448,  452,  456,  457. 

Ryan  v.  Granite  Hill  Min.  Co.,  29  L.  D.  522. . .  .371,  374,  446,  453,  462,  463,  467,  475,  863,  1366. 
Ryan  v.  Railroad  Co.,  99  U.  S.  (9  Otto)  382. . . .  1131. 

S. 

Sacramento  v.  Last  Chance  No.  2  Min.  Co.,  3  C.  L.  O.  66. . .  .468,  646,  665,  687,  705,  720. 
Sacramento  Lode,  In  re.   See  Ayers  v.  Daly. 
Salisbury  v.  Lane,  7  Idaho  370,  63  Pac.  383  51, 179. 

Salt  Bluff  Placer,  In  re,  7  L.  D.  549,  15  C.  L.  O.  244.... 518,  672,  673  ,  685  ,  688,  690,  693  ,  787,  834,  1195,  1206, 

1210,  1211,  1212,  1214,  1292. 
Salt  Springs,  In  re,  1  Op.  Atty.  Gen.  420  1247. 

Salstfom  V.  Orleans  Bar  Gold  Min.  Co.,  153  Cal.  551,  96  Pac,  292. . .  .940. 
Sanborn,  In  re,  10  C.  L.  O.  254. . .  .741. 

Sanders  v.  Noble,  22  Mont.  110,  55  Pac.  1037,  19  Morr.  650.... 64,  68,  79,  82,  112,  117,  178,  182,  191,  192,  197, 

199,  200,  202,  203,  206,  207,  211,  214,  216,  219,  230,  233  ,  257. 
Sanders  v.  Northern  Pac.  R.  Co.,  15  L.  D.  187. . .  .1117. 
Sanderson,  In  re,  7  C.  L.  O.  100,  Copp's  Min.  Lands  287.... 524,  565,  566,  572. 
Sanford,  In  re,  1  C.  L.  O.  98.... 711,  712. 

San  Francisco  Chemical  Co.  v.  Duffield,  201  Fed.  830.... 18,  37,  39,  40,  43,  52,  53,  80,  81,  86,  90,  94,  95,  464, 

465,  467,  508,  509,  510,  521,  1046. 
San  Francisco  Min.  Co.,  In  re,  29  L.  D.  397.... 422,  840. 

San  Juan  Lumber  Co.,  In  re,  2  L.  D.  824  1341. 

San  Juan  Placer,  In  re,  12  L.  D.  125. . .  .399. 

San  Miguel,  etc.,  Min.  Co.  v.  Bonner,  33  Colo.  207,  79  Pac.  1025.... 198,  231. 

San  Rita  del  Cobre  Mine,  In  re,  Copp's  Min.  Dec.  190. . .  .196. 

Santa  Clara  Min.  Association  v.  Scorsur,  4  L.  D.  104,  12  C.  L.  O.  181. . .  .16. 

SantaFe,  etc.,R.Co.,Inre,  29L.  D.  213.... 611. 

Santa  Fe  Pac.  R.  Co.,  In  re,  39  L.  D.  135.... 1079,  1147. 

Santa  Fe  Pac.  R.  Co.  v.  Northern  Pac.  R.  Co.,  37  L.  D.  593. . .  .1123. 

Santa  Fe,  etc.,  R.  Co.  v.  Northern  Pac.  R.  Co.,  37  L.  D.  669..  ..1158. 

Santa  Rita  Mines,  In  re,  1  L.  D.  579,  10  C.  L.  0  .  3...  .341,  374,  438. 

San  Xavier  Mine,  In  re,  Copp's  Min.  Lands  119,  Copp's  Min.  Dec.  209. . .  .646,  647,  663  ,  695  ,  704. 
56974°— Bull.  94,  pt.  2—15  40 


1450 


TABLE  OF  CASES. 


Sapphire  Silver  Min.  Co.,  In  re,  Sickels'  Min.  L.  &  T>.  66       663,  699. 

Saratoga  Lode,  In  re.   See  Gilmer,  In  re. 

Saratoga  Lode  v.  Bulldozer  Min.  Claim,  Sickels'  Min.  L.  &  D.  252  158. 

Sargent,  In  re,  Copp's  Min.  Lands  84  660. 

Sargent,  In  re,  Copp's  Min.  Dee.  40,  Sickels'  Min.  L.  &  D.  340  674. 

Satisfaction  Extension  Mill  Site,  In  re,  14  L.  D.  173,  18  C.  L.  O.  279       602,  603  ,  604. 

Saturday  Lode,  In  re,  29  L.  D.  627  31. 

Savage  v.  Boj-nton,  12  L.  D.  612..  ..33,  313,  318,  743  ,  744,  745  ,  747,  850. 
Saunders,  In  re,  40  L.  D.  217  830,  1380. 

Saunders  v.  Mackey,  5  Mont.  523,  6  Pac.  361. . .  .265  ,  273  ,  279,  698. 

Saxton  V.  Perry,  47  Colo.  263,  107  Pac.  281. . .  .50,  &3,  96,  162,  215,  217,  223,  543. 

Sayer  v.  Hoosac  Consol.  Gold,  etc.,  Min.  Co.,  6  C.  L.  O.  73,  Copp's  Min.  Lands  245  377,  434. 

Schirm-Carey  &  Other  Placers,  In  re,  37  L.  D.  371. . .  .332,  347,  349. 

Schlessenger,  In  re,  29  L.  D.  495  353,  356. 

Schoellkopf,  In  re,  4  C.  L.  O.  34,  Copp's  Min.  Lands  214. . .  .473. 
Schofield  Patent,  In  re,  Copp's  Min.  Dec.  17. . .  .1088,  1202. 
Schi-impf  V.  Northern  Pac.  R.  Co.,  29  L.  D.  327. . .  .19,  20,  1122,  1126. 

Schrotberger  v.  Arnold,  6  L.  D.  425   394. 

Schultz  V.  Allyn,  5  Ariz.  152,  48  Pac.  960. . .  .480. 

Schulz,  In  re,  Copp's  Min.  Dec.  142  697. 

Schurz,  Ex  parte.    See  United  States  v.  Schurz. 

Schurz  V.  Keller,  2  Idaho  (305)  333,  13  Pac.  481. . .  .14,  458,  700. 

Schurz  V.  Keller,  2  Idaho  (532)  568,  21  Pac.  418. . .  .14,  700." 

Schwab  V.  Bean,  86  Fed.  41,  1  Leg.  Adv.  485.... 612,  614,  615  ,  620,  1355. 

Scofield  (Cunningham  Claims),  In  re,  41  L.  D.  176.... 726,  734,  736,  738,  739,  746,  754,  756,  758,  760,  763,  775, 

784,  888,  889,  890,  892,  1202,  1206. 
Scogin  V.  Culver,  7  C.  L.  O.  23,  Copp's  Min.  Lands  2&3,  Sickels'  Min.  L.  &  D.  450. . .  .6,  314,  626,  849. 

Scorpion  Silver  Min.  Co.  v.  Marsano,  10  Nev.  370   460,  477. 

Scotia  Min.  Co.,  In  re,  29  L.  D.  308       334,  383. 

Scott  V.  Maloney,  22  L.  D.  274. . .  .383,  470,  472,  474. 
Scott  V.  Sheldon,  15  L.  D.  361 . . .  .743,  744,  845. 
Scott  V.  Sheldon,  15  L.  D.  588. . .  .730,  732,  745,  753. 
Scott  V.  Toomey,  8  S.  Dak.  639,  67  N.  W.  838. . .  .614. 

Searl  v.  Finn,  10  C.  L.  O.  119,  1  Brainard's  Leg.  Prec.  177. . .  .410,  437,  567,  571. 

Searle  Placer,  In  re,  11  L.  D.  441,  17  C.  L.  O.  185. . .  .296,  316,  488,  4£0,  510,  511,  522,  525  ,  845,  1103,  1104. 
Searl  Placer,  In  re,  12  C.  L.  O.  310. . .  .6,  840. 
Searl  Placer  Mme,  In  re,  9  C.  L.  O.  189. . .  .625. 

Sears,  In  re,  8  C.  L.  O.  152,  Copp's  Min.  Lands  312. . .  .196,  374,  552,  564. 
Sears  v.  Taylor,  4  Colo.  38,  5  Morr.  318. . .  .131. 

Seaton  Min.  Co.  v.  Davis,  7  C.  L.  O.  147,  Copp's  Min.  Lands  296  188,  237,  335,  377,  403,  469,  522,  722. 

Secretary  v.  McGarrahan,  76  U.  S.  (9  Wall.)  298. . .  .1092,  1093. 

Seidler  v.  La  Fave,  4  N.  Mex.  369  (Johnson),  5  N.  Mex.  44  (Gildersleeve),  20  Pac.  789  97,  198,  222,  223, 

226,  227,  228,  229,  459. 

Seidler  v.  Maxfield,  4  N.  Mex.  374  (Johnson),  5  N.  Mex.  197  (Gildersleeve),  20  Pac.  794.... 198,  228. 
Selma  Oil  Claim,  In  re,  33  L.  D.  187. . .  .381,  441,  471. 
Senator  Mill  Site,  In  re,  7  L.  D.  475. . .  .311,  580. 
Sepulveda  v.  Sepulveda,  39  Cal.  13. . .  .909. 
Seven-Thirty  Lode,  In  re.    See  Watson,  In  re. 

Sexton  V.  Washington  Min.,  etc.,  Co.,  55  Wash,  380,  104  Pac.  614. . .  .241,  244. 

Seymour,  In  re,  Copp's  Min.  Lands  224  437. 

Seymour,  In  re,  Sickels'  Min.  L.  &  D.  60.... 648,  686,  695,  704. 
Seymour  v.  Fisher,  16  Colo.  188,  27  Pac.  240. . .  .52,  53,  117,  264,  437. 

Seymour  v.  Wood,  4  C.  L.  O.  2,  Copp's  Min.  Lands  212       377,  381,  430,  437. 

Seymour  v.  Woods,  4  C.  L.  O.  82,  Sickels'  Mm.  L.  &  D.  239.... 364,  377,  430,  714. 
Shafer  v.  Constans,  3  Mont.  369,  1  Morr.  147....  112,  403  ,  603,  606,  654. 
Shannon,  In  re,  9  L.  D.  643. . .  .800. 

Sharkey  v.  Candiani,  48  Oreg.  112,  85  Pac.  219,  7  L.  R.  A.  (N.  S.)  791. . .  .12,  36,  66,  71,  221,  38.5,  411,  642. 
Shaw,  In  re,  Copp's  Min.  Dec.  235. . .  .690,  695. 
Shaw  V.  Caldwell,  16  Cal.  App.  1. . .  .240. 

Shaw  V.  Kellogg,  170  U.  S.  312,  18  S.  Ct.  632,  42  L.  ed.  1050. . .  .298,  417,  425,  747  .  835  ,  844,  1076,  1077,  1133, 

1137,  1174,  1208. 
Shea  V.  Nilima,  133  Fed.  209,  66  C.  C.  A.  263. . .  .32,  910. 
Sheperd  v.  Bird,  17  L.  D.  82.... 332,  516,  520,  1314,  1317,  1330. 
Sherer,  In  re,  15  L.  D.  563.. .  .796,  798. 

Sherlock  v.  Leighton,  9  Wyo.  297,  63  Pac.  580,  934. . .  .29,  235,  243,  244,  252, 253,  478. 

Sherman  v.  Buick,  45  Cal.  656. . . .  1259. 

Shields  v.  Simington,  27  L.  D.  369.... 327,  442,  468. 


TABLE  OF  CASES. 


1451 


Shirely,  In  re,  35  L.  D.  113.  .964,  995,  1299. 

Shively  v.  Bowiby,  152  U.  S.  1,  14  S.  Vt.  548,  38  L.  ed.  331.... 88. 

Shiver  v.  United  States,  159  U.  S.  491,  16  S.  Ct.  54,  40  L.  ed.  2;{1....1224,  1226,  1228,  1312,  1326. 
Shoemaker  v.  United  States,  147  U.  S.  282, 13  S.  Ct.  361  1080. 

Shonbar  Lode,  In  re,  1  L.  D.  551,  10  C.  L.  O.  18. . .  .331,  342,  410,  435,  437,  556,  568,  569,  570,  571. 
Shonbar  Lode,  In  re,  3  L.  D.  388  331, 342,  435,  556,  566,  568,  570. 

Shoo  Fly  V.  Gisborn,  1  C.  L.  O.  135,  Copp's  Min.  Lands  146       664  ,  702,  705  ,  715  ,  716,  719. 

Shoshone  Min.  Co.  v.  Rutter,  177  U.  S.  505,  20  S.  Ct.  726,  44  I>.  ed.  864        34,  163,  194,  385,  433,  454,  455,  456, 

457,  458,  459,  551. 

Shoshone  Min.  Co.  v.  Rutter,  87  Fed.  801,  31  C.  C.  A.  223,  19  Morr.  356       37,  42,  47,  64,  67,  68,  73,  76,  77,  78, 

81,  82,  385  ,  431,  451,  452,  456,  457,  461. 

Shreve  v.  Copper  Bell  Min.  Co.,  11  Mont.  309,  28  Pac.  315  10,  24,  37,  39,  64,  67,  68,  75,  76,  109,  458. 

Shultus  V.  McDougal,  170  Fed.  529. . .  .1012. 

Sierra  Blanca  Min.,  etc.,  Co.  v.  Winchell,  35  Colo.  13,  83  Pac.  628  111. 

Sierra  Grande  Min.  Co.  v.  Crawford,  11  L.  D.  338,  17  C.  L.  O.  171  600,  604,  607. 

Sierra  Nevada  Silver  Min.  Co.  v.  Union  Consol.  Min.  Co.,  5  C.  L.  O.  163,  Sickels'  Min.  L.  &  D.  202  669. 

Silver  Bow  Min.,  etc.,  Co.  v.  Clark,  5  Mont.  378,  5  Pac.  570       2,  22,  25, 56,  63,  112, 116, 179,  290,  412,  417,  431, 

638,  688,  695,  703,  789,  1354,  1356,  1357,  1358,  1360,  1364,  1366,  1369,  1372,  1375. 

Silver  City  Gold,  etc.,  Min.  Co.  v.  Lowry,  19  Utah  334,  57  Pac.  11,  20  Morr.  55  73,  88,  124,  161,  482. 

Silver  Cliff  v.  Colorado.   See  Townsite  of  Silyer  CliflE  v.  Colorado. 

Silver  Jennie  Lode,  In  re,  7  L.  D.  6  23,  309. 

Silver  King  Lode,  In  re,  14  L.  D.  308  480,  485. 

Silver  King  Min.  Co.,  In  re,  20  L.  D.  116. . .  .101. 
Silver  King  Quartz  Mine,  11  L.  D.  234. . .  .308,  322,  343. 
Silver  Ore  Lode.   In  re.   See  Hamill,  In  re. 

Silver  Peak  Mines  v.  Valcalda,  79  Fed.  886. . .  .598,  600,  602,  605,  619. 
Silver  Queen  Lode,  In  re,  16  L.  D.  186. . .  .88,  113,  154,  327,  395,  555,  591. 
Silver  Star  MiU  Site,  In  re,  25  L.  D.  165. ..  .597,  598,  606. 
Simmons,  In  re,  7  L.  D.  283,  15  C.  L.  O.  158. . .  .293,  333,  416,  423,  1364. 

Simmons  v.  Winters,  21  Oreg.  35,  2/  Pac.  7,  28  Am.  St.  727  612. 

Sinnott  v.  Jewett,  33  L.  D.  91  310,  312,  321,  341,  342,  343,  368,  423,  435,  437,  504. 

Sisseton  &  Wahpeton  Indians,  In  re,  25  L.  D.  364  1002. 

Sisson  V.  Sommers,  24  Nev.  379,  55  Pac.  829,  77  Am.  St.  815  96,  187,  190,  237. 

Skinner  V.  Central  Pac.  R.  Co.,  2  Brainard's  Leg.  Prec.  68  1125. 

Skinner  v.  Fisher.   See  Harkrader  v.  Goldstein. 
Skoyen  v.  Harris,  24  L.  D.  46. . .  .766,  768. 
Slaughter,  In  re,  Copp's  Min.  Dec.  135  698. 

Slavonian  Min.  Co.  v.  Perasich,  7  Fed.  331,  7  Sawy.  217,  1  Morr.  541. . .  .240,  251,  252,  257,  265,  271,  282. 
Slide  Lode,  In  re.   See  Coming  Tunnel,  Min.  etc.,  Co.  v.  PeU. 
Sloan,  In  re,  40  L.  D.  550. . .  .813. 

Slothower  v.  Hunter,  15  Wyo.  189,  88  Pac.  36. . .  .211,  230,  262,  470,  481,  500,  504. 
Small  v.  Howell,  9  C.  L.  O.  164. . .  .7. 

Smelting  Co.  v.  Kemp,  104  U.  S.  636,  26  L.  ed.  875,  11  Morr.  673  14  ,  50,  51,  63,  74,  94,  178,  179,  180, 

188,  236,  239,  241,  243,  244,  245,  249,  290,  295,  296,  298,  307,  315,  323,  324,  333,  346,  354,  360,  406,  407,  408,  409, 
411,  414,  415,  417,  418,  419,  420,  421,  423,  453,  522,  526,  532,  533, 535, 550,  556, 570,  707,  836, 1120, 1135,  1169,  1355. 

Smith,  In  re,  1  L.  D.  615,  9  C.  L.  O.  146. . .  .122,  124. 

Smith,  In  re,  3  L.  D.  340. . .  .329. 

Smith,  In  re,  7  L.  D.  415,  15  C.  L.  O.  207. . .  .470,  601,  1368. 
Smith,  In  re,  10  L.  D.  184,  17  C.  L.  O.  11. . .  .470,  483,  486,  1355. 
Smith,  In  re,  7  C.  L.  O.  4,  Copp's  Min.  Lands  259. . .  .345,  358. 
Smith,  In  re,  9  C.  L.  O.  164....  122,  124. 
Smith,  In  re,  16  C.  L.  O.  112. . .  .762,  778. 

Smith,  In  re,  Copp's  Min.  Dec.  26  638,  666. 

Smith  (Ekin),  In  re,  Copp's  Min.  Dec.  131  639. 

Smith  V.  Buckley,  15  L.  D.  321 .. .  .747,  748,  759,  764,  1313,  1315. 

Smith  v.  Cascaden,  148  Fed.  792,  78  C.  C.  A.  458. . .  .199,  202,  211,  214,  226,  230,  899. 

Smith  V.  Denifl,  24  Mont.  20,  60  Pac.  398,  81  Am.  St.  408,  50  L.  R.  A.  737. . .  .614. 

Smith  V.  Hawkins,  110  Cal.  122,  42  Pac.  453. . .  .615,  622. 

Smith  V.  HiU,  89  Cal.  122,  26  Pac.  644. . .  .12,  178,  1102,  1359,  1368,  1371. 

Smith  V.  Martin,  2  L.  D.  33. . .  .1315. 

Smith  V.  NeweU,  86  Fed.  56. . .  .80,  196,  211,  212,  220,  221,  225,  226,  230,  231. 
Smith  V,  Pipe,  3  Colo.  187. . .  .1365. 

Smith  V.  Root,  66  W.  Va.  633,  66  S.  E.  1005,  30  L.  R.  A.  (N.  S.)  176. . .  .1017. 
Smith  V.  Stewart,  Copp's  Min.  Dec.  133,  Sickels'  Min.  L.  &  D.  443  624,  639. 

Smith  V.  VanClief,6C.  L.  O.  2,  Copp's  Min.  Lands  237,  Sickels'  Min.  L.  &  D.  377.... 185,  188,  189,  235, 
250,  268,  397,  722. 

Smith  V.  Van  Clief  reported  also  as  American  Hill  Quartz  Mine,  In  re. 


1452 


TABLE  OF  CASES. 


Smoke  House  Lode,  In  re,  4  L.  D.  555,  13  C.  L.  O.  86  314,  374,  402,  417,  1356,  1361,  1369. 

Smoke  House  Lode  Cases,  In  re,  See  Murray  v.  Buol. 

Smuggler  v.  Seventy-eight  Lode  (Unreported,  cited  in  8.  C.  L.  0. 106)  159,  468. 

Smuggler  Lode,  In  re.   See  Jacques  v.  Robinson. 

Smuggler  Min.  Co.  v.  Trueworthy  Lode  Claim,  19  L,  D.  356  268,  387,  390,  393. 

Snead  v.  Deadwood  Min.  Co.,  7  C.  L.  O.  50  443. 

Snow  Flake  Fraction  Placer,  In  re,  37  L.  D.  250       515,  531,  535,  538,  541,  542,  543,  545,  546,  673,  674,  707. 

Snow  Flake  Lode,  In  re,  4  L.  D.  30  377,392,  402,  408. 

Snowy  Peak  Gold  Min.  Co.  v.  Tamarack  &  Chesapeak  Min.  Co.,  17  Idaho  630,  107  Pac.  60  199,  217,  264, 

266,466. 

Snyder  v.  Colorado  Gold  Dredging  Co.,  181  Fed.  62,  104,  C.  C.  A.  136. . .  .237,  524,  525,  612,  613,  614,  615,  620, 
622. 

Snyder  v.  WaUer,  25  L.  D.  7       315,  372,  375,  462,  463,  596,  598. 

Syndicate  Lode  Mill  Site,  In  re,  11  L.  D.  561,  17  C.  L.  O.  219   603. 

Socrates  Quicksilver  Mines  v.  Carr  Realty  Co.,  130  Fed.  293,  64  C.  C.  A.  539  367. 

Soda  Springs  Sulphur  Mine,  In  re.   See  Pinedo,  In  re. 

Sold  Again  Fraction  Min.  Lode,  In  re,  20  L.  D.  58  309,  404. 

Solitaire  Min.,  etc.,  Co.  v.  Sigafus,  10  L.  D.  270  380. 

Souter  V.  Maguire,  78  Cal.  21  Pac.  183. . .  .91. 
South  Carolina  Lode,  In  re,  29  L.  D.  602  301. 

South  Comstock  Gold,  etc.,  Min.  Co.,  In  re,  2  C.  L.  O.  146  649,  662,  663,  664,  1369,  1374. 

South  Dakota,  In  re,  37  L.  D.  458. . .  .1290. 

South  Dakota  v.  Delicate,  34  L.  D.  717. . .  .3,  1288,  1289. 

South  Dakota  v.  Trinity  Gold.  Min.  Co.,  34  L.  D.  485. . .  .1289. 

South  Dakota  v.  Vermont  Stone  Co.,  16  L.  D.  263  517,  520,  844, 1290,  1330,  1332. 

South  Dakota  v.  Walsh,  34  L.  D.  723. . .  .1289,  1290. 

South  Dakota  Min.  Co.  v.  McDonald,  30  L.  D.  357  15,  20. 

South  End  Min.  Co.  v.  Tinney,  22  Nev.  19,  35  Pac.  89. . .  .3,  12,  57,  114,  117,  123,  134,  135,  136,  144,  147,  148, 
149,  151,  152,  249,  250,  268,  290,  291,  293,  295,  371,  375,  381,  387,  394,  404,  405,  412,  415,  416,  417,  418,  419,'  423^ 
424,  437,  471,  637,  644,  692,  711,  829,  831,  854. 

Southern  Calif.  R.  Co.  v.  O'Connell,  3  Cal.  App.  382,  85  Pac.  932. . .  .124,  151. 

Southern  Cross,  etc.,  Min.  Co.  v.  Europa  Min.  Co.,  15  Nev.  383,  9  Morr.  513  209,  220,  221,  222,  223,  229. 

Southern  Cross  Gold  Min.  Co.  v.  Sexton,  31  L.  D.  415       368,  393,  470,  583. 

Southern  Nevada  Gold,  etc.,  Min.  Co.  v.  Holmes  Min.  Co.,  27  Nev.  107,  73  Pac.  759,  103  Am.  St.  759  142. 

Southern  Pac.  R.  Co.,  In  re,  18  L.  D.  275.... 1216. 

Southern  Pac.  R.  Co.  25  L.  D.  368. . .  .966. 

Southern  Pac.  R.  Co.,  In  re,  41  L.  D.  264. . .  .1134,  1136. 

Southern  Pac.  R.  Co.  v.  Allen  Gold  Min.  Co.,  13  L.  D.  165.... 1133. 

Southern  Pac.  R.  Co.  v.  Griffin,  20  L.  D.  485. . .  .318,  539,  541, 1139. 

South  Star  Lode,  In  re,  17  L.  D.  280. . .  .566,  567. 

South  Star  Lode,  In  re,  20  L.  D.  204. . .  .93,  292,  297,  395,  401,  422,  555,  564,  567,  568,  571,  572,  573,  574,  575. 
Southwestern  Coal  &  Imp.  Co.  v.  McBride,  104  Fed.  473,  43  C.  C.  A.  683. . .  .1008. 

Southwestern  Min.  Co.,  In  re,  14  L.  D.  597. . .  .518,  690,  834,  1195,  1197,  1201,  1202,  1206,  1207,  1210,  1211,  1212, 

1214,  1240,  1242,  1251,  1253,  1254,  1255,  1256,  1266,  1267,  1268,  1273,  1281,  1294. 
Southwestern  Min.  Co.  v.  Gettysburg  Lode  Claim,  4  L.  D.  120, 12  C.  L.  O.  253.... 380,  472. 

Southwestern  Min.  Co.  v.  Gettysburg  Lode  Claim,  4  L.  D.  271  380. 

Southwestern  Oil  Co.  v.  Atlantic  &  Pac.  R.  Co.,  39  L.  D.'335. . .  .520, 1137. 

South  Yuba,  etc.  Min.  Co.  v.  Rosa,  80  Cal.  333,  22  Pac.  222  101. 

Sparks  v.  Pierce,  115  U.  S.  408,  6  S.  Ct.  102,  29  L.  ed.  428. . .  .162,  411,  1361,  1375. 
Sparrow  v.  Strong,  70  U.  S.  (3  Wall.)  97,  18  L.  ed.  49,  2  Morr.  320. . .  .1089. 
Speed  V.  McCarthy,  181  U.  S.  269,  21  S.  Ct.  613. . .  .210,  278,  456. 

Spong,  In  re,  5  L.  D.  193,  13  C.  L.  O.  207. . .  .16,  295,  298,  417,  419,  1101,  1105,  1106,  1110,  1125,  1136,  1282,  1283, 
1356,  1369. 

Spratt  V.  Edwards,  15  L.  D.  290. . .  .316,  841. 

Sprowl,  In  re,  Copp's  Min.  Lands,  342. . .  .852,  853. 

Spur  Lode,  In  re,  4  L.  D.  160. . . .  161,  243,  341. 

Squires,  In  re,  40  L.  D.  542. . .  .254,  276,  277,  393,  864. 

Stafford,  In  re,  21  L.  D.  300. . .  .735,  780. 

Standart,  In  re,  25  L.  D.  262. . .  .338,  339,  389. 

Standley  v.  Roberts,  59  Fed.  836,  8  C.  C.  A.  305. . .  .991,  992. 

Stanislaus  Electric  Power  Co.,  In  re,  41  L.  D.  655. . .  .10,  36,  526, 1329, 1332, 1333. 

Stanley  v.  Mineral  Union,  26  Nev.  55,  63  Pac.  59.  - . .  1286. 

Star  City  Min.,  etc.,  Co.,  In  re.   See  Central  Pac.  R.  Co.,  In  re. 

Starr,  In  re,  2  L.  D.  759  423. 

Starr  Placer,  In  re.   See  Kemp  v.  Starr. 
State,  In  re.   See  name  of  State. 

State  v.  District  Court,  etc.,  25  Mont.  504,  65  Pac.  1020. . .  .21,  86,  103,  143. 


TABLE  OF  CASES. 


1453 


State  V.  District  Court,  etc.,  28  Mont.  528,  73  Pao.  230. . . .  103. 

State  V.  Ciold  Run,  etc.,  Min.  Co.    See  I'eople  v.  Gold  Run,  etc.,  Min.  Cc. 

State  V.  Moore,  12  Cul.  56  ()3C. 

State  V.  Ross.   See  Washington  v.  Ross. 
Steamboat  Lode,  In  re,  13  L.  D.  163. . .  .328. 

Steel  V.  Gold  Lead,  etc.,  Min.  Co.,  18  Nev.  80,  1  Pac.  448,  15,  Morr.  293. . .  .431,  437,  445,  451,  458,  477,  483. 
Steel  V.  Smelting  Co.,  106  U.  S.  447,  1  Sup.  Ct.  389,  27  L.  ed.  226. ...  10,  11,  100,  295,  296,  298,  315,  331,  408,  411, 

414,  417,  419,  420,  421,  422,  1120,  1135,  1169,  1356,  1357,  1358,  1360,  1368,  1370,  1375. 
Steele,  In  re,  3  L.  D.  115,  11  C.  L.  O.  195. . .  .579. 

Steele  v.  Tanana  Mines  R.  Co.,  148  Fed.  678,  78  C.  C.  A.  412. . .  .65,  75,  79,  511,  529. 

Steele  v.  Tanana  Mines  R.  Co.,  2  Alaska  451. .. .  184. 

Steen  v.  Wild  Goose  Min.  Co.,  1  Alaska  255. . . .  199,  206,  214,  232. 

Stemmons  v.  Hess,  32  L.  D.  220. . .  .268,  303,  306,  329,  344,  475. 

Stemwinder  Min.  Co.  v.  Emma  &  Last  Chance  Consol.  Min  Co.,  2  Idaho  (421)  426,  21  Pac.  1040  91,  695. 

Stenfjeld  v.  Espe,  171  Fed.  825,  96  C.  C.  A.  497. ..  .57,  86,  111,  514,  516,  527,  528,  531,  538. 
Stenger  v.  Tharp,  17  S.  Dak.  13,  94  N.  W.  402. . .  .611,  619. 
Sterling,  In  re,  15  C.  L.  O.  256. . .  .763. 

Stevens,  In  re,  37  L.  D.  723. . .  .731,  741,  756,  758,  759,  760,  767. 
Stevens  v.  Gill,  23  Fed.  Cas.  12,  1  Morr.  576. . .  .41,  46,  58,  129,  153. 
Stevens  v.  Grand  Central  Min.  Co.,  133  Fed.  28,  67  C.  C.  A.  234. . .  .372. 

Stevens  v.  Williams,  23  Fed.  Cas.  40,  1  McCrary  480,  1  Morr.  566  39,  41,  43,  45,  58,  105,  106,  107,  129,  151 

153,  154,  461,  508. 

Stevens  v.  Williams,  23  Fed.  Cas.  44,  1  McCrary  488,  1  Morr.  557. . .  .41,  43,  45,  46,  54,  62,  105,  108,  142,  153. 

Steves  V.  Carson,  42  Fed.  821,  16  Morr.  12. . .  .448,  472. 

Stewart,  In  re,  8  C.  L.  O.  155,  Copp's  Min.  Lands  315. . .  .361,  713. 

Stewart  v.  Gold  &  Copper  Co.,  29  Utah  443,  82  Pac.  475,  110  Am.  St.  719.  -  -  -  31. 

Stewart  v.  Rees,  21  L.  D.  446. . .  .238,  547,  549. 

Stewart  v.  Rees,  25  L.  D.  447. . .  .264,  549. 

Stewart  Min.  Co.  v.  Ontario  Min.  Co.,  23  Idaho  724,  129  Pac.  932. . . .  130,  138,  140,  141,  142,  149,  151,  152, 
Stinchfield  v.  Gillis,  96  Cal.  33,  30  Pac.  839,  17  Morr.  497. . .  .37,  189,  468. 
Stinchfield  v.  Gillis,  107  Cal.  84,  40  Pac.  98. . . .  160,  587,  589,  592. 
Stinchfield  v.  Pierce,  19  L.  D.  12. . . .  10,  316,  345,  743,  843,  845. 

St.  Lawrence  Mm.  Co.  v.  Albion  Consol.  Min.  Co.,  4  L.  D.  117,  12  C.  L.  O.  167. . .  .380,  474. 
St.  Lawrence  Min.  Co.  v.  Albion  Consol.  Min.  Co.,  10  C.  L.  O.  51. . .  .387,  468,  471,  488,  489. 
St.  Louis  Consol.  Min.  Co.  v.  Illinois,  185  U.  S.  203  804,  805. 

St.  Louis  Min.,  etc.,  Co.  v.  Montana  Min.  Co.,  171  U.  S.  660,  19  S.  Ct.  61,  48  L.  ed.  320.... 56,  93,  111,  114, 
128,  434,  444. 

St.  Louis  Min.,  etc.,  Co.  v.  Montana  Min.  Co.,  194  U.  S.  235,  24  S.  Ct.  654,  48  L.  ed.  953  34,  50,  113,  128, 

130,  131,  135,  155,  159,  412. 

St.  Louis  Min,  etc.,  Co.,  v.  Montana  Min.  Co.,  104  Fed.  664,  44  C.  C.  A.  120,  56  L.  R.  A. 725, 21  Morr.  57. . .  .67, 

82,  106,  134,  148,  155,  156,  480. 
St.  Louis  Min.,  etc.,  Co.  v.  Montana  Min.  Co.,  113  Fed.  900,  51  C.  C.  A.  530,  22  Morr,  127....  118,  131,  158, 

159,  413. 

St.  Louis,  etc.,  R.  Co.  v.  McGee,  115  U.  S.  469,  6  S.  Ct.  123. . . .  1140. 

St.  Louis  Smelting  Co.  v.  Kemp,  21  Fed.  Cas.  205  406,  409. 

St.  Louis  Smelting,  etc.,  Co.  v.  Kemp.    See  Smelting  Co.  v.  Kemp. 
St.  Louis  Smelting  Co.  v.  Ray,  21  Fed.  Cas.  207. . .  .406,  409. 
Stock  Oil  Co.,  In  re,  40  L.  D.  198. . .  .304,  584,  585. 

Stoddard,  In  re,  Copp's  Min.  Lands  83  674. 

Stoddard  v.  Chambers,  43  U.  S.  (2  How.)  284. . . .  1199. 

Stone  V.  United  States,  167  U.  S.  178,  17  S.  Ct.  778,  42  L.  ed.  127. . . .  1320,  1326,  1328. 

Stork  V.  Heron  Placer,  7  L.  D.  359,  15  C.  L.  O.  170. . .  .248. 

Stough,  In  re,  41  L.  D.  616. . .  .733,  735,  738,  739,  772,  776,  1227. 

St,  Paul,  etc.,  R.  Co.,  In  re,  18  L.  D.  258. . . .  1230. 

St.  Paul,  etc.,  R.  Co.,  In  re,  34  L.  D.  211. . . .  1152,  1230. 

St.  Paul,  etc.,  R.  Co.  v.  Northern  Pac.  R.  Co.,  139  U.  S.  1,  11  S.  Ct.  636. . . .  1104,  1375. 
Strang  v.  Ryan,  46  Cal.  33,  1  Morr.  48. . . .  508. 

Stranger  Lode,  In  re,  28  L.  D.  321. . .  .85,  121,  328,  329,  386,  437,  470,  485,  486,  492. 
Strasburger  v.  Beecher,  44  Fed.  209. . .  .456,  457,  462,  497. 
Strasburger  v.  Beecher,  20  Mont.  143,  49  Pac.  740. . .  .243,  244,  246,  253,  258. 
Stratton,  In  re,  Copp's  Min.  Lands  160,  Sickels'  Min.  L.  &  D.  491. . .  .20,  690. 

Street  v.  Delta  Min.  Co.,  42  Mont.  371,  112  Pac.  701. . .  .183,  197,  233,  251,  255,  257,  260,  261,  262,  263,  264,  435, 
481,  495. 

Strepey  v.  Stark,  7  Colo.  614,  5  Pac.  Ill,  17  Morr.  28. . .  .71,  72,  82,  197,  199,  205,  206,  207,  210,  219. 
Strickland  v.  Commercial  Min.  Co.,  55  Oreg.  48,  104  Pac.  965. ...  13,  510,  514,  206. 
Strickley  v.  Hill,  22  Utah  257,  62  Pac.  893,  83  Am.  St.  786,  20  Morr.  722. . .  .27,  30,  31,  100,  478. 
Stroud  V.  Missouri  River,  etc.,  R.  Co.,  23  Fed.  Cas.  257,  4  Dillon,  396  953. 


1454 


TABLE  OF  CASES. 


Strowl,  In  re.    See  Sprowl,  In  re. 

Stuart  Min.  Co.  v.  Wooster,  7  C.  L.  O.  51,  Copp's  Min.  Lands  273. . .  .443,  490. 
Stubbs  V.  United  States,  104  Fed.  988. . . .  1311,  1327,  1329,  1351. 

Stubbs  V.  United  States,  111  Fed.  366,  49  C.  C.  A.  392. . . .  1311,  1312,  1324,  1326,  1327,  1329,  1333,  1351. 
Sturr  V.  Beck,  133  U.  S.  541,  10  S.  Ct.  350,  33  L.  ed.  761. . .  .391,  622,  676,  707. 
Sturtevant  v.  Vogel,  167  Fed.  448,  93  C.  C.  A.  84. . .  .209,  211,  212,  221,  225,  232,  899. 
Suburban  Gold  Min.,  etc.,  Co.  v.  Gibberd,  29  L.  D.  558. . .  .366,  367. 

Suessenbach  v.  First  National  Bank,  5  Dak.  477,  41  N.  W.  662.... 93,  114,  122,  273,  278,  279,  373,  381,  395, 
445,  510. 

Sullivan  v.  Hense,  2  Colo.  424,  9  Morr.  487. . . .  188,  379,  498. 

Sullivan  v.  Iron  Silver  Min.  Co.,  109  U.  S.  550,  3  S.  Ct.  339. . .  .95,  556,  561,  563,  564,  568,  571. 

Sullivan  v.  Iron  SOver  Min.  Co.,  143  U.  S.  431,  12  S.  Ct.  555,  36  L.  ed.  214.... 68,  77,  122,  556,  561,  564,  571, 

576,  746,  841,  1137,  1175. 
Sullivan  v.  Northern  Spy  Min.  Co.,  11  Utah  438,  40  Pac.  709.. .  .613,  623,  658,  676. 
Sullivan  v.  Schultz,  22  Mont.  541,  57  Pac.  279. . .  .20,  1330. 
SuUivan  v.  Sharp,  33  Colo.  346,  80  Pac.  1054. . .  .87,  205. 

Sulphur  Springs  Quicksilver  Mine,  In  re,  22  L.  D.  715. . .  .231,  340,  342,  366,  412. 

Surprise  Fraction  and  Other  Lode  Claims,  In  re,  32  L.  D.  93  276,  277,  279,  335. 

Surveyor  General,  In  re,  Copp's  Min.  Lands  234  578. 

Sutro,  In  re,  Copp's  Min.  Lands,  98,  Copp's  Min.  Dec.  162  668,  675,  706,  1384. 

Sutro  Tunnel  Co.,  In  re,  3  C.  L.  O.  34. . . .  1386. 

Sutro  Tunnel  Co.,  In  re,  8  C.  L.  O.  54,  Copp's  Min.  Lands  302  249,  629,  1385. 

Sutro  Tunnel  Co.  v.  Occidental,  etc.,  Min.  Co.,  5  C.  L.  O.  98,  Copp's  Min.  Lands  225  1384,  1385,  1386. 

Swaim  v.  Craven,  12  L.  D.  294,  18  C.  L.  O.  29. . .  .470. 
Swain  v.  Kearney,  22  L.  D.  306. . .  .753,  780. 
Swank  v.  California,  27  L.  D.  411. . .  .1134,  1262. 

Swanson  v.  Kettler,  17  Idaho  321,  105  Pac.  1059. . .  .51,  57,  87,  92,  118,  257,  258,  261,  270,  458,  464,  467,  468,  481, 
495,  496. 

Swanson  v.  Sears,  224  U.  S.  180,  32  S  Ct.  455,  56  L.  ed.  721. . .  .57,  112,  465. 
Sweeney  v.  Northern  Pac.  R.  Co.,  20  L.  D.  394. . .  .308,  313,  319,  349,  1118,  1152. 
Sweeney  v.  Northern  Pac.  R.  Co.,  21  L.  D.  65. . . .  1152,  1155. 

Sweeney  v.  Wilson,  10  L  D.  157,  17  C.  L.  O.  13. . .  .254,  270,  294,  386,  388,  392,  396,  424. 
Sweet  V.  Webber,  7  Colo.  443,  4  Pac.  752. . .  .50,  162,  178,  187,  194,  195,  214,  246,  272,  684,  707. 
Synnott  v.  Shaughnessy,  2  Idaho  111  (122),  7  Pac.  82. . .  .41,  44,  107,  166. 

T. 

Table  Mountain  Tunnel  Co.  v.  Stranahan,  20  Cal.  198,  9  Morr.  457. . .  .91,  125,  194,  643. 
Talbott  V.  King,  6  Mont.  76,  9  Pac.  434. . .  .25,  116,  295,  411,  412,  415,  416,  417,  790,  1356,  1360,  1369,  1371,  1372, 
1375. 

Talmadge  v.  St.  John,  129  Cal.  430,  62  Pac.  79,  21  Morr.  13. . .  .198,  211,  231. 

Tarn  V.  Story,  16  L.  D.  282. . .  .388, 1331. 

Tarn  V.  Story,  21  L.  D.  440. . .  .79,  189,  309,  317,  333,  345,  348. 

Tangerman  v.  Am-ora  Hill  Min.  Co.,  9  L.  D.  538,  16  C.  L.  0. 198. . .  .389,  404. 

Tarbet  v.  Flagstaff  Silver  Min.  Co.  (Utah,  1878). . .  .145. 

Tarpey  v.  Deseret  Salt  Co.,  5  Utah  494,  17  Pac.  631. . .  .1100. 

Taylor,  In  re,  9  C.  L.  O.  52. . .  .196,  483,  486,  501. 

Taylor,  In  re,  Copp's  Min.  Dec.  42,  Sickels'  Min.  L.  &  D.  465  641,  658,676. 

Taylor  v.  Abbott,  103  Cal.  421,  37  Pac.  408. . .  .612,  656. 

Taylor  v.  Middleton,  67  Cal.  656,  8  Pac.  594,  15  Morr.  284. . .  .204,  218,  220,  223,  241,  259. 
Taylor  v.  Parenteau,  23  Colo.  368,  48  Pac.  505, 18  Morr.  534. . .  .70,  215,  217,  246,  538. 
TeUer,  In  re,  26  L.  D.  484. . .  .182,  329,  392,  393. 

Teller  v.  United  States,  113  Fed.  273,  51  C.  C.  A.  230. . .  .114, 116,  184,  395,  397,  402, 1318, 1325,  1326,  1327, 1342. 
Telluride  Additional  Townsite,  In  re,  33  L.  D.  542. . .  .1364,  1381,  1382. 

Telluride  Power  Transmission  Co.  v.  Rio  Grande,  etc.,  Ry.  Co.,  175  U.  S.  639,  20  S.  Ct.  245   456,  614,  615, 

617,  621. 

Temescal  Oil  Min.  &  Dev.  Co.  v.  Salcido,  137  Cal.  211, 69  Pac.  1010,  22  Morr.  360. . .  .214, 223, 254, 259, 260,  267. 
Tenderfoot  and  Other  Lodes,  In  re,  30  L.  D.  200. . . .349,  351,  364. 

Tennessee  Lode,  In  re,  7  L.  D.  392,  6  Brainard  Leg.  Prec.  364  195,  231,  311. 

Terrible  v.  Gunboat,  Copp's  Min.  Lands  80,  Copp's  Min.  Dec.  43  645,  665. 

Terrible  Min.  Co.  v.  Argentine  Min.  Co.,  89  Fed.  583,  5  McCrary  639  61. 

Territory  v.  Lee,  2  Mont.  124,  6  Morr.  248. . .  .644,  645,  675,  712. 

Territory  v.  Mackey,  8  Mont.  168, 19  Pac.  395  50,  51, 179. 

Territory  v.  McKey.   See  Territory  v.  Mackey. 
Terry  v.  Megerle,  24  Cal.  610,  85  Am.  Dec.  84. ..  .1261. 
Texas  Co.  v.  Henry,  34  Okla.  342,  126  Pac.  224. . . .1070. 
Thalhnan  v.  Thomas,  102  Fed.  935. . .  .232. 

Thallman  v.  Thomas,  111  Fed.  277, 49  C.  C.  A.  317, 21  Morr.  573. . .  .52, 53, 86, 89, 90, 117,  232, 414,  423,  465,  521. 


TABLE  OP  CASES. 


1455 


Thacher  v.  Brown,  190  Fed.  708,  111  C.  C.  A.  436. . .  .251,  879. 
Thomas,  In  re,  13  L.  D.  359. . . .  1220. 

Thomas  v.  Chisholm,  13  Colo.  105,  21  Pac.  1019,  1(5  Morr.  122  27,  101,  478,  498. 

Thomas  v.  Elling,  25  L.  D.  495. . .  .297,  302,  372,  387,  391,  407,  470,  488,  490,  491. 

Thomas  v.  Elling,  20  I>.  D.  220  302,  372,  470,  471,  488. 

Thomas  v.  Thomasscn,  16  L.  D.  52  317,  842,  1228. 

Thompson,  In  re,  8  L.  D.  104  75. 

Thompson  v.  Bm-ke,  2  Alaska  249. . .  .71,  264,  265,  271,  278,  375,  453. 

Thompson  v.  Jacobs,  3  Utah  246,  2  Pac.  714. . .  .281,  698,  722. 

Thompson  v.  Spray,  72  Cal.  528,  14  Pac.  182. . .  .71,  72,  82,  205,  219,  259,  538,  695. 

Thorndyke  v.  Alaska  Perseverance  Min.  Co.,  164  Fed.  657,  90  C.  C.  A.  473  614,  620. 

Thome  v.  Kinsey,  18  L.  D.  416. . .  .317,  844,  1329. 

Thornton,  In  re,  11  L.  D.  547. . .  .795,  797. 

Thornton  v.  Kaufman,  35  Mont.  181,  88  Pac.  796  251. 

Thornton  v.  Kaufman,  40  Mont.  282,  106  Pac.  361,  135  Am.  St.  618  251,  267. 

Thorpe  v.  Freed,  1  Mont.  651. . .  .658. 

Thor,  Venus,  and  Bright  Point  Mines,  In  re,  5  C.  L.  O.  51,  Sickels'  Min.  L.  &.  D.  125  337,  343,  351,  580. 

Tibbitts  V.  Ah  Tong,  4  Mont.  536,  2  Pac.  759. . .  .21,  25,  26,  29,  50,  56,  123,  644,  645,  675,  703,  712. 
Tidwell  V.  Dobson,  37  Okla.  180, 131  Pac.  693. . .  .1000, 1002, 1003. 

Tiernan  v.  Salt  Lake  Min.  Co.,  1  C.  L.  O.  25,  Sickels'  Min.  L.  &  D.  182       377,  1386. 

Tifton  Gold  Min.  Co.,  In  re,  29  L.  D.  718. . .  .339. 

Tiger  Lode,  In  re.    See  Tiger  Silver  Min.  Co.,  In  re. 

Tiger  Silver  Min.  Co.,  In  re,  Sickels'  Min.  L.  &  D.  263.... 440,  712. 

Tiggerman  v.  Mrzlak,  40  Mont.  19, 105  Pac.  77. . .  .198,  200,  221,  222,  258. 

Tilden  v.  Intervener  Min.  Co.,  1  L.  D.  572,  9  C.  L.  O.  93.... 290,  358,  360,  372,  378,  385. 

Tilden  Lode,  In  re.   See  Dyer  v.  Jackson. 

Timber  Cutting,  In  re,  1  L.  D.  600. . .  .1344,  1345. 

Tunber  Cutting,  In  re,  1  L.  D.  616. . .  .1325,  1339. 

Timber  Cutting,  In  re.   See  also  Instructions,  In  re. 

Tinkham  v.  McCaffrey,  13  L.  D.  517. . .  .19,  33,  317,  730,  1103. 

Tioga  Consol.  Min.  Co.,  In  re,  8  C.  L.  O.  88. . .  .14,  165,  172,  174,  175,  440,  473. 

Titcomb  v.  Kirk,  51  Cal.  288,  5  Morr.  10. . .  .644,  657,  658,  659. 

Tomay  v.  Stewart,  1  L.  D.  570. . .  .356,  361. 

Tomay  v.  Stewart,  Department  &  Offices  Decs.  583  363. 

Tombstone  Min.  Co.  v.  Way  Up  Min.  Co.,  1  Ariz.  426,  25  Pac.  794. . .  .142,  150,  589. 
Tomera  Placer  Claim,  In  re,  33  L.  D.  560. . .  .50,  60,  79,  291,  512,  513. 

Tom  Moore  Consol.  Min.  Co.  v.  Nesmith,  36  L.  D.  199  358,  359. 

Tonopah  Fraction  Min.  Co.  v.  Douglas,  123  Fed.  923  498. 

Tonopah  Fraction  Min.  Co.  v.  Douglass,  123  Fed.  936  450,  452,  461,  470,  477. 

Tonopah  &  Salt  Lake  Min.  Co.  v.  Tonopah  Min.  Co.,  125  Fed.  389. . .  .82, 92, 183, 199, 200, 205, 212, 217, 332,  432. 
Tonopah  &  Salt  Lake  Min.  Co.  v.  Tonopah  Min.  Co.,  125  Fed.  400. . .  .85,  92,  183,  205,  230. 
Tonopah  &  Salt  Lake  Min.  Co.  v.  Tonopah  Min.  Co.,  125  Fed.  408. . .  .50,  56,  73,  78,  92, 124, 199,  205,  217,  225, 
433,  479. 

Topsey  Mine,  In  re.   See  True,  In  re. 

Tornanses  v.  Nelsing,  109  Fed.  710,  45  C.  C.  A.  615. . .  .32,  910. 

Tough  Nut  &  Other  Lode  Claims,  In  re,  32  L.  D.  359  357,  362. 

Tough  Nut  No.  2  &  Other  Lode  Min.  Claims,  In  re,  36  L.  D.  9. . .  .345,  348,  398. 

Town  of  Aldridge  v.  Craig,  25  L.  D.  505  316,  743. 

Townsite  v.  Placer.   See  Kemp  v.  Starr. 

Townsiteof  Big  Oak  Flat,  In  re,  15  C.  L.  O.  3.... 1368. 

Townsite  of  Butte,  In  re,  3  C.  L.  O.  131. . .  .1355,  1364,  1365,  1368,  1371,  1382. 

Townsite  of  Central  City,  In  re,  2  C.  L.  0. 150,  Copp's  Min.  Lands  183. . .  -668,  709, 1354, 1355, 1360,  1564, 1371. 
Townsite  Clause,  In  re,  5  L.  D.  256. . .  .13,  22,  105,  118,  298,  524,  1360,  1364,  1374. 
Townsite  of  Coalville,  In  re,  4  C.  L.  O.  46. . .  .725,  756,  768,  778,  787,  788,  1359,  1364,  1372. 
Townsite  of  Deadwood,  In  re,  8  C.  L.  O.  18,  Sickels'  Min.  L.  &  D.  355. . .  .4,  516, 1255,  1357. 
Townsite  of  Deadwood,  In  re,  8  C.  L.  0. 153,  Copp's  Mm.  Lands  324. . .  .5,  524,  625,  628,  851, 1357,  1369, 1381, 
1382. 

Townsite  of  Eureka  Springs  v.  Conant,  8  C.  L.  0.3...  .790,  1355,  1358,  1364,  1365, 1369. 
Townsite  of  Leadville,  In  re,  9  C.  L.  O.  71. . .  .524,  1357, 1369. 
Townsite  of  North  Leadville  v.  Searle.   See  North  Leadville  v.  Searle. 

Townsite  of  Silver  Cliff  v.  Colorado,  6  C.  L.  0. 152,  Copp's  Min.  Lands  261 .. .  .315, 1260, 1263,  1280, 1281, 1282, 
1283,  1364, 

Trafton  v.  Nougues,  24  Fed.  Cas.  123,  4  Sawy.  178. . .  .385,  621,  668,  719. 
Traphagen  v.  Kirk,  30  Mont.  562,  77  Pac.  58. . .  .21,  89, 1109, 1114, 1152, 1274. 

Treasury  Tunnel,  Min.,  etc.,  Co.  v.  Boss,  32  Colo.  27,  74  Pac.  888,  105  Am.  St.  60. . .  .210,  216,  219. 

Trevaskis  v.  Peard,  111  Cal.  599,  44  Pac.  246   260. 

Trickey  Placer,  In  re,  7  L.  D.  52, 15  C.  L.  0. 147. . .  .235,  348. 


1456 


TABLE  OF  CASES. 


Tripp  V.  Dunphy,  28  L.  D.  14. . .  .238,  242,  269,  301,  403. 
Trippe,  In  re,  40  L.  D.  190. . .  .362,  579. 
Trophy  Min.  Co.,  In  re,  16  C.  L.  O.  258. . .  .407. 

Truan,  In  re,  2  L.  D.  827,  2  Copp's  Pub.  Land  Laws  963  655,  1338,  1341. 

True,  In  re,  26  L.  D.  529. . .  .1318. 
Tschirgi,  In  re,  41  L.  D.  319. . .  .818. 

Tucker  v.  Florida  Railway  &  Navigation  Co.,  19  L.  D.  414  638,  639,  672, 1087,  1122, 1153,  1216, 1221,  1265. 

Tucker  v.  Masser,  113  U.  S.  203,  5  S.  Ct.  420,  28  L.  ed.  979.... 570, 1111. 

Tulare  Oil  &  Min.  Co.  v.  Southern  Pac.  R.  Co.,  29  L.  D.  269.... 18,  318,  519,  1120, 1135. 

Tumacacori  &  Calabazas  Claim,  In  re,  16  C.  L.  O.  15,  7  Brainard  Leg.  Prec.  44  1207. 

Tuimel  Co.  v.  Pell.  See  Coming  Tunnel,  etc.,  Co.  v.  Pell. 

Tunnel  Co.  v.  Stranahan.   See  Table  Mountain  Tunnel  Co.  v.  Stranahan. 

Tuolumne  Consol.  Min.  Co.  v.  Maier,  134  Cal.  583,  6  Pac.  863,  21  Morr.  678.  ...72,  79,  87,  622. 

Turner  v.  Lang,  1  C.  L.  O.  51. . .  .1364,  1382. 

Turner  v.  Sawyer,  150  U.  S.  578,  14  S.  Ct.  192,  37  L.  ed.  1189, 17  Morr.  683. . .  .254,  271,  272,  273,  275,  279,  372, 
375,  380,  387,  403,  407,  408,  417,  432,  435,  440,  445,  454,  463,  491. 

Twin  Lakes  Hydraulic  Gold  Min.  Syndicate  v.  Colorado,  etc.,  R.  Co.,  16  Colo.  1.  27  Pac.  258  689. 

Twin  Lake  Consol.  Placer  Min.  Co.,  In  re,  10  C.  L.  O.  292. . .  .2,  516, 1280. 

Two  Sisters  Lode  &  Mill  Site,  In  re,  7  L.  D.  557,  15  C.  L.  O.  266. . .  .595,  601,  604,  605. 

Tyee  Consol.  Min.  Co.  v.  Jennings,  137  Fed.  863,  70  C.  C.  A.  393. . .  .873,  908. 

Tyee  Consol.  Min.  Co.  v.  Langstedt,  121  Fed.  709,  58  C.  C.  A.  129. . .  .908. 

Tyee  Consol.  Min.  Co.  v.  Langstedt,  136  Fed.  124,  69  C.  C.  A.  548. . .  .872. 

Tyee  Consol.  Min.  Co.  v.  Langstedt,  1  Alaska  439. . .  .12,  56,  114, 116,  120,  121,  122, 124,  187,  412,  908. 
Tyler  Min,  Co.  v.  Last  Chance  Min.  Co.,  71  Fed.  848,  18  Morr.  303. . .  .83,  103, 106, 137, 142, 143, 145, 146, 148, 
150,  155. 

Tyler  Min.  Co.  v.  Last  Chance  Min.  Co.,  90  Fed.  15,  32  C.  C.  A.  498. . .  .83,  146. 

Tyler  Min.  Co.  v.  Sweeney,  54  Fed.  284,  4  C.  C.  A.  329. . .  .61,  62,  68,  82,  83,  84,  85, 110,  118,  141, 143, 144, 145, 

146,  147,  150,  155,  182. 
Tyler  Min.  Co.  v.  Sweeney,  79  Fed.  277,  24  C.  C.  A.  578. . .  .150,  155. 
Tyron,  In  re,  29  L.  D.  475. . .  .422. 

U. 

Uinta  Tunnel  Min.,  etc.,  Co.  v.  Ajax  Gold  Min.  Co.,  141  Fed.  563,  73  C.  C.  A.  35: . .  .50, 65,  71, 169,  174. 

Uinta  Tunnel  Min.,  etc.,  Co.  v.  Creede  &  Cripple  Creek  Min.,  etc.,  Co.,  119  Fed.  164,  57  C.  C.  A.  200  71, 

72,  174,  328,  411,  416,  420,  426,  446,  464. 
Unicorn  Lode,  In  re.   See  McMurley,  In  re. 
Union  Coal  Co.,  In  re,  17  L.  D.  351. . .  .735  ,  764,  777,  780. 
Union  Company's  Mine,  In  re.   See  WUlard,  In  re. 

Union  Consolidated  Silver  Min.  Co.  v.  Taylor.   See  Mining  Co.  v.  Taylor. 

Union  Mill  &  Min.  Co.  v.  Dangberg,  24  Fed.  Cas.  590,  2  Sawy.  450. . .  .332,  396,  397,  659. 

Union  Mill.  &  Min.  Co.  v.  Dangberg,  81  Fed.  73. . .  .426. 

Union  Mill  &  Min.  Co.  v.  Ferris,  24  Fed.  Cas.  594,  2  Sawy.  176. . .  .656,  658,  659,  660,  667. 
Union  Min.,  etc.,  Co.  v.  Leitch,  24  Wash.  585  ,  64  Pac.  829,  85  Am.  St.  961. . .  .65,  218. 

Union  Oil  Co.,  In  re,  23  L.  D.  222. . .  .8,  36,  64,  66,  74,  170,  181,  188,  244,  245,  249,  354,  513,  518,  519,  539,  540, 
1046,  1143,  1216. 

Union  Oil  Co.,  In  re,  25  L.  D.  351. . .  .8,  17,  18,  19,  20,  66,  95,  247,  511,  512,  513,  519,  537,  539,  684,  689,  1044, 
1122,  1143. 

Union  Pac.  Coal  Co.  v.  United  States,  173  Fed.  737. . .  .1236. 
Union  Pac.  R.  Co.,  In  re,  Copp's  Min.  Lands  338  726,  754. 

Union  Pac.  R.  Co.  v.  Crismon,  2  C.  L.  O.  67,  Copp's  Min.  Lands  340,  Sickels'  Min.  L.  &  D.  403. . .  .726,  787. 
790,  791,  1110. 

Union  Tunnel,  In  re.   See  Orient,  Occident  and  Union  Tunnel  Lodes,  In  re. 

United  States  v.  Abrams,  181  Fed.  847. . . .,  1002,  1003,  1100. 

United  States  v.  Allen,  179  Fed.  13,  103  C.  C.  A.  1. . .  .1003. 

United  States  v.  Allen,  180  Fed.  855. . .  .727,  728,  732,  734,  739,  740,  750,  758,  772. 

United  States  v.  Bailey,  17  L.  D.  468. . .  .1317. 

United  States  v.  Ballinger,  33  App.  Cas.  (D.  C.)  211. .  .  785,  1227. 

United  States  v.  Barber  Lumber  Co.,  172  Fed.  948       738, 1320, 1321. 

United  States  v.  Basic  Co.,  121  Fed.  504,  57  C.  C.  A.  624. . .  .1337,  1341, 1346,  1348. 

United  States  v.  Benjamin,  21  Fed.  285,  10  Sawy.  264. .. .  1324, 1325, 1338. 

United  States  v.  Bennett,  207  Fed.  524. . .  .660. 

United  States  v.  Benson.   See  United  States  v.  Ohio  Oil  Co. 

United  States  v.  Biggs,  211  U.  S.  507,  29  S.  Ct.  181. .. .  1320,  1321,  1333. 

United  States  v.  Bitter  Root  Dev.  Co.,  133  Fed.  274,  66  C.  C.  A.  652. . .  .1349. 

United  States  v.  Blasingame,  116  Fed.  654. . . .  1166. 

United  States  v.  Blendauer,  128  Fed.  910,  63  C.  C.  A.  636. . .  .968,  1327. 

United  States  v.  Brace,  149  Fed.  869. . .  .1319,  1320,  1321. 

United  States  v.  Braddock,  50  Fed.  669. .. .  1312,  1315, 


TABLE  OF  CASES. 


1457 


United  States  v.  Bryan,  29  L.  t>.  149. . .  .1317. 

United  States  v.  Budd,  144  U.  S.  154,  12  S.  Ct.  575,  36  L.  ed.  384. . .  .732,  1313,  1319,  1320,  1321,  1342. 
United  States  v.  Budd,  43  Fed.  6.30. . . .  1339,  1340. 
United  States  v.  Burkett,  150  Fed.  208. . . .  1225. 
United  States  v.  Carpenter,  111  U.  S.  347,  4  S.  Ct.  435. . .  .89. 
United  States  v.  Central  Pac.  R.  Co.,  84  Fed.  218. . .  .2,  5  ,  840,  1130,  1146,  1363. 
United  States  v.  Central  Pac.  R.  Co.,  93  Fed.  871. . .  .414,  425,  426,  850,  1101,  1107,  1130,  1363. 
United  States  v.  Colorado  Anthracite  Goal  Co.,  225  U.  S.  219,  32  S.  Ct.  617,  56  L.  ed.  1063. . .  .735,  736,  739, 
753,  1219,  1220. 

United  States  v.  Comet  Oil  &  Gas  Co.,  187  Fed.  674. . .  .1024,  1025. 

United  States  v.  Conrad  Investment  Co.,  156  Fed.  123. .  .  610,  611,  618. 

United  States  v.  Copper  Queen  Min.  Co.,  185  U.  S.  495,  22  S.  Ct.  761. .  .1339,  1340,  1345. 

United  States  v.  Copper  Queen  Min.  Co.,  7  Ariz.  80,  60  Pac.  885. . .  .1339,  1340,  1345. 

United  States  v.  Coughanour,  133  Fed.  224. .. .  1349. 

United  States  v.  Culver,  52  Fed.  81. . .  .4,  34,  297. 

United  States  v.  Curtner,  38  Fed.  1. . .  .1262. 

United  States  v.  Diamond  Coal,  etc.,  Co.,  191  Fed.  786,  112  C.  C.  A.  272. . .  .5,  738,  741,  743,  744,  821,  1321. 
United  States  v.  Dough  ten,  186  Fed.  226,  1  Water  &  Min.  Cas.  736. .  .738,  772,  774,  775,  782,  784,  891. 
United  States  v.  Eddy,  134  Fed.  114. .. .  1318, 1319. 

United  States  v.  Edgar,  140  Fed.  655. . .  .1337,  1340,  1342,  1343,  1345,  1350,  1351. 

United  States  v.  Edwards,  38  Fed.  812. . .  .1337,  1340. 

United  States  v.  Ellis,  122  Fed.  1016. . . .  1349. 

United  States  v.  English,  107  Fed.  867. .. .  1312,  1327,  1338. 

United  States  v.  Eureka,  etc.,  R.  Co.,  40  Fed.  419. . .  .1349. 

United  States  v.  Fickett,  205  Fed.  134. . .  .290. 

United  States  v.  Forrester,  211  U.  S.  399,  29  S.  Ct.  132,  53  L.  ed.  245. . .  .732,  736,  755,  774. 

United  States  v.  Freeman,  211  U.  S.  525,  29  S.  Ct.  185. . . .  1333. 

United  States  v.  Gear,  44  U.  S.  (3  How.)  120. . .  .1041, 1243,  1244. 

United  States  v.  Gentry,  119  Fed.  70,  55  C.  C.  A.  658. . .  .1343,  1344,  1347,  1348,  1349. 

United  States  v.  Gratiot,  39  U.  S.  (14  Pet.)  526,  10  L.  ed.  573. .  .1243,  1244. 

United  States  v.  Hacker,  73  Fed.  292. . .  .1312,  1324,  1326. 

United  States  v.  Havenor,  209  Fed.  988. . .  .830. 

United  States  v.  Hirsch,  100  U.  S.  33. . .  .733. 

United  States  v.  Hitchcock,  190  U.  S.  316,  23  S.  Ct.  698. . .  .732,  1169. 
United  States  v.  Home  Coal  &  Coke  Co.,  200  Fed.  910. . .  .736. 

United  States  v.  Homestake  Min.  Co.,  117  Fed.  481,  54  C.  C.  A.  303. . .  .1343,  1345,  1347,  1348,  1349. 

United  States  v.  Iron  Silver  Min.  Co.,  128  U.  S.  673,  9  S.  Ct.  195,  32  L.  ed.  571. . .  .15,  74,  75,  78,  95,  107,  108, 

154,  337,  338,  341,  344,  409,  414,  417,  424,  508,  509,  510,  511,  517,  522,  524,  555,  558,  559,  561,  565,  573,  576,  836, 

1102,  1329,  1356. 

United  States  v.  Iron  Silver  Min.  Co.,  24  Fed.  568. . .  .242,  243,  346,  425,  836. 
United  States  v.  Jones,  131  U.  S.  1,  9  S.  Ct.  669. . .  .454,  464. 

United  States  v.  Keitel,  211  U.  S.  370,  29  S.  Ct.  123,  53  L.  ed.  2L*0. .  .  727,  732,  733,  736,  737,  738,  740,  771,  772, 

773,  774,  775,  776,  892. 
United  States  v.  Kettenbach,  175  Fed.  463....  1318,  1319,  1320,  1321,  1323. 
United  States  v.  Kettenbach,  208  Fed.  209. .  .1318,  1320,  1323. 
United  States  v.  King,  83  Fed.  188. . .  .338,  353,  355,  414. 
United  States  v.  King,  9  Mont.  75,  22  Pac.  498. . .  .242,  354. 
United  States  v.  Kostelak,  207  Fed.  447. . .  .425  ,  599,  820,  821,  1177,  1393. 
United  States  v.  Lavenson,  206  Fed.  755. . .  .7,  74,  300,  313,  425,  522,  829,  1167. 
United  States  v.  Lonabaugh,  158  Fed.  314. . .  .736,  775,  776. 
United  States  v.  Lynde,  47  Fed.  297. . .  .1342. 
United  States  v.  Maid,  116  Fed.  650. . .  .1166,  1170,  1321. 
United  States  v.  Manion,  44  Fed.  800  763,  781. 

United  States  v.  Marshall  Min.  Co.,  129  U.  S.  579  ,  9  S.  Ct.  343,  32  L.  ed.  734,  16  Morr.  205  414,  474,  485, 

493,  494. 

United  States  v.  McMurray,  181  Fed.  723  1009. 

United  States  v.  Midwest  Oil  Co.,  206  Fed.  141  1392. 

United  States  v.  Midwest  Oil  Co.,  236  U.  S.  459. . .  .1392. 
United  States  v.  Miller,  14  L.  D.  617. . .  .1319. 

United  States  v.  Minor,  114  U.  S.  233,  5  S.  Ct.  836,  29  L.  ed.  110. . .  .424,  425. 
United  States  v.  Mock,  149  U.  S.  273, 13  S.  Ct.  848. . . .  1348. 
United  States  v.  Moore,  95  U.  S.  760,  24  L.  ed.  588.... 111. 

United  States  v.  MuUan,  10  Fed.  785,  7  Sawy.  466.... 788,  790,  1091,  1183,  1202,  1260,  1262. 
United  States  v.  Mullan  Fuel  Co.,  118  Fed.  663.... 1153,  1324,  1340,  1343,  1345,  1340,  1348, 1349. 
United  States  v.  Munday,  222  U.  S.  175,  32  S.  Ct.  53,  56  L.  ed.  149. . .  .725,  726,  727,  730,  732,  733,  736,  737,,  738, 
739,  740,  754,  772,  773,  774,  775,  782,  784,  785,  888,  889. 


1458 


TABLE  OF  CASES. 


United  States  v.  Munday,  186  Fed.  375, 1  Water  &  Min.  Cas.  722. . .  .774. 

United  States  v.  Nelson,  27  Fed.  Cas.  86,  5  Sawy.  68  10,  13,  25,  112,  1327,  1335,  1342. 

United  States  v.  Noble,  197  Fed.  292,  116  C.  C.  A.  654. . .  .1000,  1002,  1003. 
United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  53  Fed.  625. . .  .943,  944. 
United  States  v.  North  Bloomfield  Gravel  Min.  Co.,  81  Fed.  243. . .  .940,  941, 942, 943. 
United  States  v.  Northern  Pac.  R.  Co.,  95  Fed.  864,  37  C.  C.  A.  290. . .  .418. 
United  States  v.  Northern  Pac.  R.  Co.,  103  Fed.  389.... 1115,  1123. 
United  States  v.  Northern  Pac.  R.  Co.,  170  Fed.  498. . .  .1180,  1181,  1182,  1183. 
United  States  v.  Ohio  Oil  Co.,  234  U.  S.  548. . .  .1071,  1072,  1073. 
United  States  v.  Omdahl,  25  L.  D.  157. . .  .630. 

United  States  v.  Oregon,  etc.,  R.  Co.,  176  U.  S.  28,  20  S.  Ct.  261,  44  L.  ed.  358  1109. 

United  States  v.  Plowman,  216  U.  S.  372,  30  S.  Ct.  299,  54  L.  ed.  523   3,  5, 12,  840, 1316,  1339, 1341, 1343. 

United  States  v.  Portland  Coal,  etc.,  Co.,  173  Fed.  566  734,  738,  739,  773. 

United  States  v.  Prairie  Oil  &  Gas  Co.   See  United  States  v.  Ohio  Oil  Co. 
United  States  v.  Pratt  Coal  &  Coke  Co.,  18  Fed.  708. . .  .798,  835. 

United  States  v.  Price  Trading  Co.,  109  Fed.  239,  48  C.  C.  A.  331....  1311,  1312,  1324,  1327, 1351. 
United  States  v.  Reder,  69  Fed.  965. . .  .1349. 

United  States  v.  Reed,  28  Fed.  482,  12  Sawy.  99. . .  .4,  6,  7,  17,  34,  78,  314,  316,  425,  510,  834,  836,  840,  841. 

United  States  v.  Richmond  Min.  Co.,  40  Fed.  415. . .  .1337,  1340,  1343,  1344. 

United  States  v.  Rickey  Land  &  Cattle  Co.,  164  Fed.  496. . .  .613,  1228. 

United  States  v.  Ringeling,  8  Mont.  353,  20  Pac.  643. . .  .24, 114, 191,  211. 

United  States  v.  Rio  Grande,  etc.,  Irrig.  Co.,  174  U.  S.  690,  19  S.  Ct.  770.... 610,  611,  616,  617. 

United  States  v.  Rizzinelli,  182  Fed.  675.... 93,  102,  114,  115,  116,  402,  1168,  1169, 1325,  1327. 

United  States  v.  Robbins,  157  Fed.  999. . .  .774,  775. 

United  States  v.  Rose,  24  Fed.  196, 11  Sawy.  83. . .  .425,  836. 

United  States  v.  Rossi,  133  Fed.  380,  66  C.  C.  A.  442. . .  .1337,  1341,  1345,  1347,  1350. 
United  States  v.  Rumsey,  22  L.  D.  101  404,  422. 

United  States  v.  San  Jacinto  Tin  Co.,  125  U.  S.  273,  8  S.  Ct.  850,  31  L.  ed.  747. . .  .424. 
United  States  v.  San  Jacinto  Tin  Co.,  23  Fed.  279. . .  .425. 

United  States  v.  San  Pedro  &  Canon  del  Agua  Co.,  4  N.  Mex.  225  (Johnson),  405  (Gildersleeve),  17  Pac. 
337.... 2,  4,9,  15,  17,  103,  291,  321,  401,  403,  631,  638,  834  ,  840,  849,  1080,  1091,  1092,  1093,  1105,  1202,  1207, 
1208,  1260,  1269. 

United  States  v.  Schurz,  102  U.  S.  378,  26  L.  ed.  167. . .  .293,  418,  1365. 
United  States  v.  Searles,  19  L.  D.  258. . .  .1317. 

United  States  v.  Smith,  11  Fed.  487,  8  Sawy.  101. . .  .193,  280,  1325,  1338, 1339. 
United  States  v.  Smith,  181  Fed.  545. . .  .1319,  1320,  1322. 
United  States  v.  Standard  Oil  Co.   See  United  States  v.  Ohio  Oil  Co. 
United  States  v.  Steenerson,  50  Fed.  504,  1  C.  C.  A.  552. . .  .87,  400. 
United  States  v.  Sullenberger,  211  U.  S.  522,  29  S.  Ct.  186. . .  .1333. 

United  States  v.  Trinidad  Coal  &  Coke  Co.,  137  U.  S.  160, 11  S.  Ct.  57,  34  L.  ed.  640. . .  .27,  528,  726,  727,  732, 

733,  736,  737,  738,  739,  740,  750,  751,  758,  761,  773,  774,  775,  776,  892. 
United  States  v.  Uncle  Sam  Oil  Co.    See  United  States  v.  Ohio  Oil  Co. 

United  States  v.  United  Verde  Copper  Co.,  196  U.  S.  207,  25  S.  Ct.  222. . .  .1339, 1342, 1343, 1344, 1345, 1346, 1351 

United  States  v.  United  Verde  Copper  Co.,  8  Ariz.  186,  71  Pac.  954. . .  .1338, 1343,  1345. 

United  States  v.  Van  Winkle,  113  Fed.  903,  51  C.  C.  A.  533,  22  Morr.  56. . .  .1347,  1359. 

United  States  v.  Wells,  192  Fed.  870,  113  C.  C.  A.  194. . .  .726,  733,  734,  738,  1320. 

United  States  v.  Williams,  6  Mont.  379,  12  Pac.  851. . .  .1345. 

United  States  v.  Williams,  8  Mont.  85, 19  Pac.  288. . .  .1345. 

United  States  v.  Yankee  Fuel  Co.,  195  Fed.  850. . .  .731,  752,  1227. 

United  States  Min.  Co.  v.  Lawson,  115  Fed.  1005  461,  832. 

United  States  Mm.  Co.  v.  Lawson,  134  Fed.  769,  67  C.  C.  A.  587. . .  .40,  67,  119,  129,  139,  155,  156,  162,  291,  327. 

384,  413,  438,  589. 
United  States  Min.  Co.  v.  Wall,  39  L.  D.  546. . .  .321. 
Upton,  In  re.    See  Smoke  House  Lode,  In  re. 
Upton  V.  Larkin,  5  Mont.  600,  6  Pac.  66. . .  .50,  65,  71,  79,  88,  97. 

Upton  V.  Larkin,  7  Mont.  449,  17  Pac.  728,  15  Morr.  404.... 37,  64,  66,  69,  71,  79,  151,  198,  204,  220,  221,  231, 
458,  460,  618. 

Upton  V.  Santa  Rita  Min.  Co.,  14  N.  Mex.  96,  89  Pac.  275. . .  .69,  87,  191,  200,  206,  218,  223,  226,  236,  246,  253. 

258,  355,  434,  450,  452,  454,  455,  458,  459,  460,  468,  470,  477,  483,  484,  485,  491,  547,  548,  551,  552,  553. 
Utah,  In  re,  29  L.  D.  69. . . .  1289,  1294,  1295. 
Utah,  In  re,  32  L.  D.  117. . .  .1289,  1295. 
Utah,  In  re,  38  L.  D.  245. . .  .815. 
Utah,  In  re,  40  L.D.  340.... 821,  822. 

Utah  V.  Allen,  27  L.  D.  53. . .  .291,  293,  638,  672,  1265,  1288,  1289,  1295. 

Utah  Min.,  etc.,  Co.  v.  Dickert,  etc..  Sulphur  Co.,  6  Utah  183,  21  Pac.  1002. . .  .271,  375. 

Utah  Onyx  Dev.  Co.,  In  re,  38  L.  D.  504. . .  .81,  95,  1046. 

Utah  Salt  Lands,  In  re,  13  C.  L.  O.  53. . .  .1211. 


TABLE  OF  CASES. 


1459 


V. 

Valcalda  v.  Silver  Peak  Mines,  86  Fed.  90,  29 .C.  C.  A.  591. . .  .261,  596,  598,  602,  619. 

Valentine  v.  Valentino,  47  Fed.  597. . .  .1100,  1102,  1106,  1107. 

Valentine  Gold  Quartz  Mine,  In  re.   See  Eldred  v.  Lasey. 

Vanderbilt  Lode,  In  re,  16  I..  D.  105. . .  .580. 

Valley  Lode,  In  re,  22  L.  D.  317. . .  .562,  567. 

Valley  Lode,  In  re,  22  L.  D.  713.... 410,  567. 

Van  Doren  v.  Plested,  16  L.  D.  508. . .  .520,  1330,  1331. 

Van  Dyke  v.  Midnight  Sun  Min.,  etc.,  Co.,  177  Fed.  85,  100  C.  C.  A.  503. . .  .610,  616,  618,  620,  883. 
Van  Horn  v.  State,  5Wyo.  501,  40  Pac.  964. . .  .402. 

Van  Ness  v.  Rooney,  160  Cal.  131, 116  Pac.  392, 1  Water  &  Min.  Cas.  270. ...  2, 122, 183,  420,  564,  644, 654, 1101. 
Van  Ocker,  In  re,  9  C.  L.  O.  71. . .  .625,  628,  1357,  1369. 

Van  Sice  v.  Ibex  Min.  Co.,  173  Fed.  895  ,  97  C.  C.  A.  587. . .  .273,  274,  275,  276,  277,  403. 

Vansickle  v.  Haines,  7  Nev.  249       657,  658,  659,  660. 

Van  Valkenburg  v.  Huff,  1  Nev.  142. . .  .273. 

VanWagenen  v.  Carpenter,  27  Colo.  444,  61  Pac.  698.... 271,  272,  278,  375. 

VanZandtv.  Argentine  Min.  Co.,  8  Fed.  725,  2McCrary  159,  4  Morr.  441  68,  79,  117,  156,  187,  205,  406,418. 

Van  Zandt  v.  Argentine  Min.  Co.,  48  Fed.  770,  2  McCrary  642,  7  Morr.  634. . .  .38. 
Ventura  Coast  Oil  Co.,  In  re,  42  L.  D.  453. . .  .527,  535,  544. 
Vestal  V.  Young,  147  Cal.  715,  82  Pac.  381. . .  .525. 
Veta  Grande  Lode,  In  re,  6  L.  D.  718. . .  .308,  339,  342, 
Victor  No.  3  Lode  Claim,  In  re,  28  L.  D.  436. . .  .325  ,  327. 

Virginia  Lode,  In  re,  7  L.  D.  459,  15  C.  L.  O.  218,  7  Brainard's  Leg.  Prec.  82  1260, 1263, 1280,  1283. 

Vizina  Consol.  Min.  Co.,  In  re,  8  C.  L.  0. 172. . .  .1364,  1375. 
Vizina  Consol.  Min.  Co.,  In  re,  9  C.  L.  O.  92. . .  .1359,  1365,  1368. 

Vizina  Consol.  Min.  Co.,  In  re,  17  Op.  Atty.  Gen.  248  1375. 

Vogel  v.Warsing,  146  Fed.  949,  77  C.  C.  A.  199. . .  .201,  203,  228. 
Vulcano  Lode  Min.  Claim,  In  re,  30  L.  D.  482. . . .  119. 

W. 

Wailes  v.  Davies,  158  Fed.  667. . .  .234,  235,  239,  241,  256,  258. 

Wailes  v.  Davies,  164  Fed.  397,  90  C.  C.  A.  385. . .  .239,  256. 

Wakeman  v.  Norton,  24  Colo.  192,  49  Pac.  283, 18  Morr.  698. . .  .130, 171. 

Walker,  In  re,  36  L.  D.  495. . .  .3,  815, 1158, 1170, 1171. 

Walker  v.  Schenck,  2  C.  L.  O.  2.... 649,  711,  714,  715,  718,  719,  720. 

Walker  v.  Southern  Pacific  R.  Co.,  24  L.  D.  172. . .  .12,  75,  308,  319, 1134. 

Walker  v.  Taylor,  23  L.  D.  110. . .  .732,  758,  759,  779. 

Wallace,  In  re,  1  L.  D.  582,  8  C.  L.  O.  188,  Copp's  Min.  Lands,  331. . .  .378,  439,  443,  444,  574. 
Waller,  In  re,  20  L.  D.  144. . .  .361,  598. 
Waller,  In  re,  22  L.  D.  318. . .  .361. 

Walrath  v.  Champion  Min.  Co.,  171  U.  S.  293, 18  S.  Ct.  909,  43  L.  ed.  170, 19  Morr.  410. . .  .84,  85,  128,  129,  138, 

140,  144, 145,  146,  148,  151,  152,  650,  696. 
Walrath  v.  Champion  Min.  Co.,  63  Fed.  552, 18  Morr.  113. . .  .54, 128,  147, 149,  150,  648,  651,  652,  662,  692,  699, 

712. 

Walrath  v.  Champion  Min.  Co.,  72  Fed.  978,  19  C.  C.  A.  323. . .  .137, 139,  147. 

Walsh,  In  re,  5  L.  D.  319. . .  .754. 

Walsh  v.  Henry,  38  Colo.  393,  88  Pac.  449. . .  .52. 

Walsh  V.  Erwin,  115  Fed.  531 .. .  .216,  218,  220,  221,  222,  225,  230. 

Walton  V.  Batten,  14  L.  D.  54. . .  .15, 17,  33,  34,  319. 

Walton  V.  Wild  Goose  Min.,  etc.,  Co.,  123  Fed.  209,  60  C.  C.  A.  155,  22  Morr.  688  68,  71,  91, 180, 197,202, 

206,  209,  211,  217,  219,  220,  225,  231,  242,  243,  258,  539. 
Wanda  Gold  Min.  Co.  v.  E.  F.  C.  Min.,  etc.,  Co.,  31  L.  D.  140.. -.328,  380. 
War  Dance  v.  Church  Placer,  1  L.  D.  549,  9  C.  L.  O.  212. . .  .410,  571,  572. 
War  Dance  Lode,  In  re,  29  L.  D.  256. . .  .86, 158. 

Ware  v.  White,  81  Ark.  220,  108  S.  W.  831.... 50,  215,  311,  452,  458,  463. 

War  Eagle  Mine,  In  re,  Copp's  Min.  Lands  113,  Copp's  Min.  Dec.  195  712. 

Warnekros,  In  re,  41  L.  D.  653. . .  .550. 

Warnekros  v.  Cowan,  13  Ariz.  42, 108  Pac.  238   488. 

Warnock  v.  De  Witt,  11  Utah  324,  40  Pac.  205. . .  .218,  221,  265. 
Warren,  In  re.   See  Protector  Lode,  In  re. 

Warren  v.  Colorado,  14  L.  D.  681. . .  .17,  744,  7.46, 1154, 1280,  1282, 1283. 
Warren  Mill  Site  v.  Copper  Prince,  1  L.  D.  555. . .  .373,  381,  438,  455. 
Washington  V.  McBride,  18  L.  D.  199.... 313,  317,318,  331,  516,  581,  1288. 
Washington  v.  McBride,  25  L.  D.  1G7...^318,  319,  1288,  1290. 
Washington  v.  Ross,  55  Wash.  242, 104  Pac.  216. . .  .49,  504. 

Washoe  Copper  Co.  v.  Junila,  43  Mont.  178, 115  Pac.  917, 1  Water  &  Min.  Cas.  451  560,  573,  574, 


1460 


TABLE  OF  CASES. 


Waskey  v.  Hammer,  223  U.  S.  85,  32  S.  Ct.  187,  56  L.  ed.  359... .64,  68,  69,  90,  338,  341,  512,  514,  538,  539, 
579,  580,  581,  830. 

Waskey  v.  Hammer,  170  Fed.  31,  95  C.  C.  A.  305. . .  .69,  73;  91,  512,  538,  539,  830. 
Waterhouse  v.  Scott,  13  L.  D.  718,  18  C.  L.  O.  244.... 363,  364. 

Waterloo  Min.  Co.  v.  Doe,  56  Fed.  685,  17  Morr.  586. . .  .22,  64,  68,  77,  202,  221,  405,  417,  483,  1045. 
Waterloo  Min.  Co.  v.  Doe,  82  Fed.  45,  27  C.  C.  A.  50, 19  Morr.  1. . .  .12,  44,  53,  103, 107, 128, 144, 147, 155, 158, 

291,  413,  416,  418,  428. 
Waterloo  Min.  Co.  v.  Doe,  17  L.  D.  111.... 79,  121,  309,  315,  380. 
Water  &  Min.  Co.  v.  Bugbey,  96  U.  S.  (6  Otto)  165. . .  .656,  659,  1261,  1284. 

Watervale  Min.  Co.  v.  Leach,  4  Ariz.  34,  33  Pac.  418, 17  Morr.  568. . .  .22, 120, 132, 137, 142, 151,  586,  590,  591, 
684,  699. 

Watkins  v.  Garner,  13  L.  D.  414. . .  .725,  726,  728,  729,  738,  780. 
Watson,  In  re,  1  C.  L.  O.  82. . .  .666,  721. 
Watson,  In  re,  2  C.  L.  0. 18. ..  .667. 

Watson  V.  Missouri  River,  etc.,  R.  Co.,  3  C.  L.  O.  7.... 749. 
Wat-tah-noh-zhe  v.  Moore,  36  Okla.  631, 129  Pac.  877....  1000,  1002, 1003. 
Wax,  In  re,  29  L.  D.  592. . .  .231,  366,  368. 

Webb  V.  American  Asphaltimi  Min.  Cc .,  157  Fed.  203,  84  C.  C.  A.  651. . .  .8, 12, 18,  39,  55,  80,  94, 95, 467,  509, 

521,  532,  648,  1046. 
Webb  V.  Carlon,  148  Cal.  555,  83  Pac.  998,  113  Am.  St.  305.... 212,  226. 
Weed  V.  Snook,  144  Cal.  439,  77  Pac.  1023.... 52,  71,  89,  519,  1043,  1046,  1175. 
Weese  v.  Barker,  7  Colo.  178,  2  Pac.  919. . .  .23,  89,  117,  266. 
Weil,  In  re.   See  Little  Pet  Lode,  In  re. 

Weill  V.  Lucerne  Min.  Co.,  11  Nev.  200,  3  Morr.  372. . .  .259,  260. 
Weinstein  v.  Granite  Mt.  Min.  Co.,  14  L.  D.  68. . .  .377,  389,  488. 
Weise,  In  re,  2  C.  L.  O.  130,  Copp's  Min.  Lands  182. . .  .597,  690. 
Welch  V.  Garrett,  5  Ida.  639,  51  Pac.  405. . .  .613,  622. 
Welland  v.  Huber,  8  Nev.  203,  13  Morr.  363.... 55, 125,  278. 
Wells,  In  re,  33  L.  D.  365....  1320. 

Wells  V.  Davis,  22  Utah  322,  62  Pac.  3,  21  Morr.  1. . .  .199,  202,  217,  229. 
Wells  V.  Draper,  25  L.  D.  550. . .  .348. 

Wenner  v.  McNulty,  7  Mont.  30,  14  Pac.  043.... 66,  72,  191,  204,  460,  692,  1047. 
Western  Pac.  R.  Co.  v.  United  States,  108  U.  S.  510,  2  S.  Ct.  802. . .  .17,  741,  751, 1146. 
West  Granite  Mountain  Min.  Co.  v.  Granite  Mountain  Min.  Co.,  7  Mont.  356,  17  Pac.  547.... 202,  217,  218, 
223. 

Westmoreland  Coal  Co.,  In  re,  85  Pa.  344  756. 

Wetzstein  v.  Boston,  etc..  Copper,  etc.,  Min.  Co.,  26  Mont.  193,  66  Pac.  943  458. 

Wetzstein  v.  Largey,  27  Mont.  212,  70  Pac.  717. . .  .458. 

Whalen  Consol.  Copper  Min.  Co.  v.  Whalen,  127  Fed.  611.... 242,  258,  466. 

Whedon,  In  re.  4  C.  L.  O.  50,  Copp's  Min.  Lands  217. ..  .277. 

Wheeler,  In  re,  7  C.  L.  O.  130,  Copp's  Min.  Lands  291. . .  .190,  191,  284,  293,  377,  443,  719. 

Wheeler  v.  Billings,  72  Fed.  301, 18  CCA.  573. . .  .147. 

Wheeler  v.  Sanger,  Sickels'  Min.  L.  &  D.  275.... 371. 

Wheeler  v.  Smith,  23  L.  D.  395. . .  .107,  322,  332,  340,  372,  410,  455. 

Wheeler  v.  Smith,  5  Wash.  704,  32  Pac.  784. . .  .20,  206,  322,  450,  518,  521,  555,  1290, 1313,  1323. 

Whitaker  v.  Railroad  Co.  (L.  D.  Sept.  1880). ..  .297. 

White,  In  re,  30  L.  D.  536.... 961,  997. 

White,  In  re,  34  L.  D.  78. . .  .1169,  1225,  1343,  1351,  1352. 

White  V.  Lee,  78  Cal.  593,  21  Pac.  363,  12  Am.  St.  115,  17  Morr.  209. ...96,  215,  216,  223,  514,  543. 
White  Cloud  Copper  Min.  Co.,  In  re,  22  L.  D.  252. . .  .244,  353,  354. 
White  Extension  West  Lode,  In  re,  22  L.  D.  677. . .  .312,  336. 
White  Oak  Imp.  Co.,  In  re,  13  C.  L.  O.  159.  .780. 

Whiting  V.  Straup,  17  Wyo.  1,  95  Pac.  849,  129  Am.  St.  1093.... 10,  52,  64,  71,  78,  79,  117,  188,  204,  242,  247, 
539,  1044, 1047. 

Whitman  v.  Haltenhofl,  19  L.  D.  245.... 367,  368,  380,  473. 
Whitney  v.  Taylor,  158  U.  S.  85, 15  S.  Ct.  796. . .  .1100, 1108. 
Widmer  v.  Martin,  87  Cal.  88,  25  Pac.  264  499. 

Wight  V.  Dubois,  21  Fed.  093. . .  .295,  374,  375,  380,  388,  418,  424,  462,  466. 

Wight  V.  Tabor,  2  L.  D.  7.38,  10  C  L.  O.  392  23,  26,  70,  79,  308,  330,  386,  390,  392,  437. 

Wight  V.  Tabor,  2.  L.  D.  743,  11  C.  L.  O.  4. . .  .23. 
Wildman  Quartz  Mine,  In  re.    See  Wheeler,  In  re 

Wilhelm  v.  Silvester,  101  Cal.  358,  35  Pac.  997. . .  .69,  114,  128,  132,  145,  159,  430,  586,  587,  588,  590,  629,  652. 

Willard,  In  re,  4  C.  L.  O.  67,  Copp's  Min.  Lands  218. . .  .355,  440,  717. 

Willey  v.  Decker,  11  Wyo.  496,  73  Pac.  210,  100  Am.  St.  939.... 610,  614,  622,  658. 

Williams,  In  re,  11  L.  D,  462,  17  C.  L.  O.  220. . .  .745,  1219. 

Williams,  In  re,  15  L.  D.  532       406,  533. 

Williams,  In  re,  17  L.  D.  282  360,  455. 


TABLE  OF  CASES. 


1461 


Williams,  In  ro,  "20  L.  D.  458. . .  .87. 

Williams,  In  ro,  9  V.  L.  O.  147....  10,  1307,  1372. 

Williiuns,  In  ro,  1(>  C.  L.  O.  110. . .  .302,  376,  448. 

Williams,  In  re,  Copp's  Min.  Lands  83   668. 

Williams,  In  re,  Sickels'  Min.  L.  &  D.  460.... 658,  676. 

Williams,  In  ro,  Copp's  Min.  Dec.  27,  Sickels'  Min.  L.  &  D.  317.... 643,  052,  054,  005,  069. 
Williams,  In  re,  Copp's  Mm.  Dec.  76  659,  669. 

Williams,  In  re,  Copp's  Mm.  Dec.  82,  Sickels'  Min.  I..  &  D.  245.... 658,  660. 

Williams  v.  Santa  Clara  Min.  Association,  66  Cal.  193,  5  Pac.  85  179. 

Waiiams  v.  United  States,  138  U.  S.  514,  11  S.  Ct.  457. . .  .1150,  1183. 

Williamson  v.  United  States,  207  U.  S.  425,  28  S.  Ct.  163. . .  .1318,  1319, 1320, 1321, 1324,  1226,  13.3.3. 
WiUitt  V.  Baker,  133  Fed.  937. . .  .87,  242,  243,  252,  258,  269,  450,  461,  466,  479,  482. 

Willow  Creek  Irrig.  Co.  v.  Michaelson,  21  Utah  248,  60  Pac.  943,  81  Am.  St.  687  611,  612. 

Wills  V.  Blain,  4  N.  Mex.  378  (Johnson),  5  N.  Mex.  238  (Gildersleeve),  20  Pac,  798. . .  .111.  257,  263,  264,  265, 

270,  698,  704. 
Wilson  V.  Davis,  25  L.  D.  514. . .  .310,  743,  841. 

Wilson  V.  Freeman,  29  Mont.  470,  08  L.  R.  A.  833,  and  note,  75  Pac.  84  91,  482,  483. 

Wilson  V.  Triumph  Consol.  Min.  Co.,  19  Utah  66, 56  Pac.  300, 75  Am.  S t.  718. . .  .27, 30, 31 , 32, 199, 229, 430, 831. 

Wilson  Coal  Co.  v.  United  States,  188  Fed.  545,  110  C.  C.  A.  343. . .  .733,  734,  737,  738. 

Wilson  Creek  Consol.  Min.,  etc.,  Co.  v.  Montgomery,  23  L.  D.  476.... 40,  97,  573,  562. 

Wimer  v.  Simmons,  27  Oreg.  1,  39  Pac.  6,  50  Am.  St.  685-n....620. 

Windgate  Placer,  In  re,  22  L.  D.  704. . .  .293. 

WindmiUer  v.  Clarkson,  2  Alaska  298. . .  .123. 

Winona,  etc.,  R.  Co.,  In  re,  9  L.  D.  649.... 1146. 

Winscott  V.  Northern  Pac.  R.  Co.,  17  L.  D.  274.... 318, 1119, 1120, 1194,  1195. 

Winter  Lode,  In  re,  22  L.  D.  362. . .  .65,  79,  422,  574,  575. 

Winters  v.  Bliss,  14  L.  D.  59. . .  .15,  33,  314,  318,  319,  402,  403. 

Winters  v.  Bliss,  19  L.  D.  287. . .  .328,  343. 

Winters  v.  United  States,  143  Fed.  740,  74  C.  C.  A.  006. . .  .610. 

Wisconsin  Central  R.  Co.  v.  Price Coimty,  133  U.  S.  496,  10  S.  Ct.  341,  33  L.  ed.  687  1156. 

Wisconsin  Min.  Co.  v.  Cooper,  10  C.  L.  O.  69  320,  578. 

Wise  V.  Nixon,  76  Fed.  3. . .  .281,  457. 

Wolenberg,  In  re,  29  L.  D.  30^. . .  .236,  253,  334,  335,  344,  353,  378,  383,  466. 
Wolenberg,  In  re,  29  L.  D.  488. . .  .253,  334,  383. 

Wolfley  V.  Lebannon  Min.  Co.,  4  Colo.  112, 13  Morr.  282. . .  .26,  62,  115,  142,  305,  322,  371,  401,  408,  409,  638, 

642,  640,  649,  650,  652,  653,  602,  004,  066,  667,  093,  099. 
Wolverton  v.  Nichols,  119  U.  S.  485,  7  S.  Ct.  289,  30  L.  ed.  474, 15  Morr.  309. . .  .307,  439,  450,  453,  479,  486,  499. 
Wolverton  v.  Nichols,  5  Mont.  89,  2  Pac.  308. . .  .453,  475,  476,  497. 
Women,  In  re,  Sickels'  Min.  L.  &  D.  493.... 27, 
Wood,  In  re,  2  L.  D.  762. . .  .301, 
Wood,  In  re,  10  C.  L,  O.  225. . .  .4,  725. 
Wood  V.  Aspen  Min.,  etc.,  Co.,  36  Fed.  25  28, 100. 

Wood  V.  Hyde,  1  C.  L.  O.  66,  Copp's  Min.  Lands  137,  Sickels'  Min.  L.  &  D.  189.... 473. 
Wood  V.  Seymour,  4  C.  L.  0. 178. . .  .691. 

Wooden  Ware  Co.  v.  United  States,  106  U.  S.  432,  1  S.  Ct.  398,  27  L.  ed.  230. . .  .1312, 1327, 1328. 

Woodhouse,  In  re,  41  L.  D.  145. . .  .702,  819,  820,  822,  1392. 

Woodman  v.  McGilvary,  39  L.  D.  574. . .  .334,  335,  3S0,  393,  399,  403. 

Wood  Placer  Min.  Co.,  In  re,  32  L.  D.  198. . .  .541,  544,  707. 

Wood  Placer  Min.  Co.,  In  re,  32  L.  D.  363. . .  .530,  541,  543,  544,  545. 

Wood  Placer  Min.  Co.,  In  re,  32  L.  D.  401. . .  .237,  246,  347,  350,  544. 

Woodruff  V.  McGinness,  10  C.  L.  O.  88. . .  .6. 

Woodruff  V.  North  Bloomfield  Gravel  Min.  Co.,  18  Fed.  753,  9  Sawy.  441 .. .  .035,  058,  942,  943. 
Woodruff  V.  North  Bloomfield  Gravel  Min.  Co.,  45  Fed.  129. . .  .944. 

Woods  V.  Holden,  26  L.  D.  198  88,  105,  311,  325,  327,  328,  376,  435,  442,  462,  470,  474,  524,  572. 

Woods  V.  Holden  27  L.  D.  375. . .  .105,  327,  442,  462,  474,  487. 
Woods  V.  Holden,  28  L.  D.  24. . .  .325.  327. 
Woods  V.  Sawtelle,  46  Cal.  387. . .  .476. 
Woodside  Coal  Co.,  In  re,  105  Fed.  56. . .  .915. 
Woodville,  In  re,  (L.  D.  June  8, 1882).... 297. 

Woodville  Placer,  In  re,  Copp's  Min.  Lands  224,  Sickels'  Min.  L.  &  D.  89  691. 

Woody  V.  Bernard,  69  Ark.  579,  65  S.  W.  100. . .  .195. 
Woody  V.  Hinds,  30  Mont.  189,  76  Pac.  1. . .  .458,  470. 

Woolman  v.  Garringer,  1  Mont.  535  420. 

Wooster,  In  re.   See  Gilmer,  In  re. 

Wooster,  In  re.   See  Stuart  Min.  Co.  v.  Wooster. 

Worden  v.  United  States,  204  Fed.  1....1321. 

Work  Min.,  etc.,  Co,  v.  Doctor  Jack  Pot  Min,  Co.,  194  Fed,  620,  114  C.  C.  A.  392. . .  .50, 113,  130,  138,  411. 


1462 


TABLE  OF  CASES. 


Worthen  v.  Sidway,  72  Ark.  215,  79  S.  W.  777  93,  111,  178,  215,  216,  217,  220,  223,  225,  228,  252,  264,  266, 

267,  322,  507,  543,  544. 
Wright,  In  re,  32  L.  D.  522. . .  .531. 

Wright  V.  Killian,  132  Cal.  56,  64  Pac.  98. . .  .186,  234,  239,  252. 
Wright  V.  Larson,  7  L.  D.  555. . .  .18,  1313, 1322. 

Wright  V.  Lyons,  45  Oreg.  167,  77  Pac.  81  12,  50,  114, 190,  191,  200,  202,  203,  211. 

Wright  V.  Sioux  Consol.  Co.,  29  L.  D.  154. . .  .340,  368. 
Wright  V.  Sioux  Consol.  Min.  Co.,  29  L.  D.  289   368,  379. 

Wright  V.  Town  of  Hartville,  13  Wyo.  497,  81  Pac.  649       298,  315,  371,  373,  374,  431,  433,  454,  462,  470,  475, 

1366. 

Wulff  V.  Manuel,  9  Mont.  279,  23  Pac.  723. . .  .499. 

Wyman,  In  re,  6  C.  L.  0. 135,  Sickels'  Min.  L.  &  U.  502  842,  845. 

Wyoming,  In  re,  18  L.  D,  473. . .  .1293. 

Wyoming,  In  re,  38  L.  D.  508. . .  .815,  950,  951,  1145. 

Wyoming,  In  re,  41  L.  D.  19. . .  .818,  823,  824. 

Wyoming  Coal  &  Min.  Co.,  In  re,  Copp's  Min.  Lands  338,  Sickels'  Min.  L.  &  D,  402  728,  754. 

X. 

X  Sulphiu-  Mine  &  Sulphur  King  Mine,  In  re,  Copp's  5  C.  L.  O.  100,  Copp's  Min,  Lands  230  214,  337, 

338,  340. 

Y. 

Yankee  Lode  Claim,  In  re,  30  L.  D.  289. . .  .345,  352,  353. 

Yankee  Mill  Site,  In  re,  37  L.  D.  674. . .  .594,  595,  599,  600,  605,  666,  709. 

Yard,  In  re,  38  L.  D.  59. . .  .11, 12,  49,  66,  75,  79,  93, 104, 114, 128,  266,  273,  308,  309,  345,  393,  509,  511,  513,  526, 

529,  535,  536,  1166,  1167,  1168,  1169. 
Yard  v.  Cook,  37  L.  D.  401. . .  .386,  387. 

Yellow  Aster  Mui.,  etc.,  Co.  v.  Winchell,  95  Fed.  213. . .  .456,  476. 
Yoakum,  In  re,  1  C.  L.  O.  3,  Copp's  Min.  Lands  339. . .  .787,  1088. 
York  V.  Davidson,  39  Oreg.  81,  65  Pac.  819. . .  .940. 

Yosemite  Mme,  In  re.    See  Northeast  Extension  of  the  Yosemite  Mine,  In  re. 
Yosemite  Min.  Co.  v.  Emerson,  208  XJ,  S.  25,  28  S.  Ct.  196,  52  L.  ed.  374. . .  .192,  266. 
Yosemite  National  Park,  In  re,  25  L.  D.  48. . .  .92,  93, 118,  395, 1163, 1338. 
Young  V.  Goldsteen,  97  Fed.  303. . .  .433,  436,  441,  451,  452,  470,  475,  873,  874. 
Yreka  Min.,  etc.,  Co.  v.  Knight,  133  Cal.  544,  65  Pac.  1091,  21  Morr.  478...  .246. 

Z. 

Zadig  V.  Central  Pac.  R.  Co.,  20  L.  D.  26. . .  .319, 1103, 1118. 

Zeiger  v.  Dowdy,  13  Ariz.  331, 114  Pac.  565, 1  Water  &  Min.  Cas.  409. . .  .184,  264,  511, 529. 

Zephyr,  etc..  Lode  Min.  Claims,  In  re,  30  L.  D.  510. . .  .245,  323,  346,  350,  351,  352. 

Zerres  v.  Vanina,  134  Fed.  610. . .  .59,  87,  187, 199,  202,  210,  211,  231,  234,  265,  268,  269,  464,  832. 

Zerres  v.  Vanina,  150  Fed.  564,  80  C.  C.  A.  366. . .  .90,  264,  270. 

Zimmerman  v.  Brmison,  39  L.  D.  310. . .  .18,  20,  21,  520,  839,  840, 1330, 1332. 

Zimmerman  v.  Funchion,  161  Fed.  859,  89  C.  C.  A.  53, 1  Water  &  Min.  Cas.  437. . .  .90, 91, 538. 

ZoUers  v.  Evans,  5  Fed.  172,  2  McCrary  39,  4  Morr.  407. . .  .71,  93,  117,  219. 

Zuckman,  In  re,  40  L.  D.  25.... 813,  821,  822. 


INDEX. 


A. 

ABANDONMENT. 

See  also  Annual  labor,  Forfeiture,  Mining  locations,  Resumption  of  work, 
absence  from  claim,  260. 
act  and  intention  as  principal  elements,  259. 
after  publication  of  notice  of  application  for  patent,  293. 
a  ground  of  forfeiture,  259. 
amending  location  to  cover  defects  is  not,  259. 
avoided  by  performance  of  annual  labor,  723. 
burden  of  proof  on  agricultural  claimant,  845. 
contestant,  317. 
party  alleging,  316. 
by  conveyance  of  claim,  280. 
coowner,  273. 
partner,  262. 
diflers  from  forfeiture,  257,  259. 
effective  instantly,  260. 
effect  of,  261,  495. 

by  one  partner,  262. 
failure  to  adverse,  382. 

work  one  of  group  claims,  261. 
on  adverse  claim,  371. 
undivided  interest,  262. 
failure  to  perform  annual  work,  260. 

prosecute  tunnel  diligently  as,  169. 
ground  reverts  to  public  domain,  262. 
intention,  259. 

as  a  question  of  fact,  259. 
interest  in  mining  claim  lost  on,  466. 
junior  locator  may  show,  as  to  senior,  467. 
Land  Office  can  not  require  proof  of,  466. 
lapse  of  time,  261 . 

locator  divested  of  all  rights  on,  262. 
locator's  wife  has  no  claim  to  dower  on,  262. 
may  precede  forfeiture,  259. 

mining  location  on,  reverts  to  public  domain,  495. 

claim  restored  to  public  domain  on,  251. 
new  location  acquires  no  rights  from  old,  262. 

cuts  off  all  prior  rights,  262. 
occurs  when  owner  leaves  claim  without  Intention  of  repossessing,  259. 
of  interest  in  claim,  262. 
part  of  claim,  262. 

senior  location  on,  does  not  inure  to  overlapping  junior,  495. 
water  rights,  620. 
part  on  amended  location,  259. 
possessory  right  lost  by,  92. 
proof  of,  261. 

as  to  one  of  group  claims,  499. 

senior  location,  467. 
not  required  on  failure  to  adverse,  382. 
question  of  fact  determined  by  evidence,  261. 
resumption  of  work  prevents,  259. 
rights  of  junior  locator  on,  495. 
test  of,  by  adverse  claimant,  382. 
tunnel  location  abandoned  by  failure  to  work,  706. 

1463 


1464 


INDEX. 


ABANDONMENT— Continued. 

undivided  interest,  262. 

voluntary  absence  of  nine  years  is,  260. 

purpose  to  surrender  location,  259. 

what  constitutes,  113,  259, 1057. 

when  proof  of,  not  required,  394. 
ABSTRACT. 

See  also  Title. 

affidavit  of  applicant  in  absence  of,  312. 
failure  of  adverse  claimant  to  file,  312. 
filing  of  plat,  312. 

insufficiency  where  location  held  by  sheriff's  deed,  313. 

Land  Department  may  require,  with  application  for  patent,  312, 

not  required  under  adverse  possession,  551. 

of  title  required,  312. 

presumption  as  to  title  in  absence  of  suit,  312. 
regulation  of  Land  Department,  312. 
required  in  forfeiture,  258. 

patent  proceedings,  312. 
rule  requiring,  suspended,  312. 
sufficiency,  313. 

title  claimed  through  deed  of  executor,  313. 

sheriff's  deed,  313. 
ACKNOWLEDGMENT. 

failure  to  acknowledge  Indian  lease,  1003. 

Indian  lease  not  acknowledged,  1003. 
ACTIONS. 

See  also  Actions  on  adverse  claims,  Courts,  Federal  courts,  Jurisdiction,  State  courts, 
administrator  may  maintain  for  recovery  of  mining  claim  in  Alaska,  909. 
attorney's  fees  recoverable  in  enforcing  miner's  liens  in  Alaska,  882. 
between  mineral  claimants  not  affected  by  Government's  title,  831. 
burden  of  proof  for  possession  of  mining  claim,  187. 
by  United  States  on  bonds  securing  Indian  lease,  1024. 

to  cancel  patent  for  coal  lands,  750. 
costs  recoverable  in  enforcing  miner's  liens  in  Alaska,  882. 
effect  of  death  or  disability  of  party  in  Alaska,  908. 
for  damages  for  cutting  timber  on  mineral  lands,  1347. 

possession  unaffected  by  title  of  United  States,  831. 

recovery  of  mining  claim,  831. 
joint,  to  enforce  miner's  liens  in  Alaska,  882. 
limitation  of,  for  recovery  of  mining  claims  in  Alaska,  908. 
location  is  plaintiff's  title  in,  for  possession,  186. 
nature  of,  in  proceedings  to  foreclose  miner's  lien  in  Alaska,  905. 

to  stay  proceedings,  719. 
on  adverse  claim,  429. 

parties  to,  for  enforcing  miner's  lien  in  Alaska,  905. 

party  in  interest  may  maintain,  to  recover  possession  of  mining  claim  in  Alaska,  909. 

pending  for  recovery  of  mining  claims  in  Alaska,  908. 

practice  in,  for  enforcing  miners'  liens  in  Alaska,  905. 

protest  by  intervention,  189. 

quieting  title  as  against  extralateral  rights,  136. 

to  mining  claim,  136. 
reasonable  delay  in  enforcing  miner's  lien,  908. 
recovery  of  mining  title,  831,  1089. 

possession  of  mining  claim  in  Alaska,  908. 
relating  to  mines  in  Alaska  not  abated  by  death  of  party,  908. 

disability  of  party,  908. 
transfer  of  interest,  908. 
survival  of,  for  recovery  of  mining  claim  in  Alaska,  909. 

in  Alaska,  908. 
survive  to  determine  adverse  mining  claim,  908. 
tender  of  price  unnecessary  before  cancellation  of  patent,  751. 
time  of  commencement  on  adverse  claim,  377. 

in  Alaska,  879. 
to  determine  adverse  mining  claim  in  Alaska,  908. 
enforce  miner's  lien  in  Alaska,  881,  905. 
maintain  possessory  right  to  mining  claim  in  Alaska,  908. 


INDEX. 


ACTIONS— Continued, 
to  quiet  title  in  AUvska,  864. 
support  possession,  121. 
trespass  for  cutting  timber  on  mineral  lands,  1347. 
ACTIONS  ON  ADVERSE  CLAIMS. 

See  also  .Vctions,  Adverse  claims,  Partias,  Patent  proceedings.  Protest, 
abandonment  of  conflict  ground  in  Land  Office  will  not  effect,  720, 
after  judgment,  469. 
as  question  for  trial,  466. 
action  in  State  court,  476. 

acquiescence  in  judgment  in  favor  of  junior  locator,  480. 
adjudication  in  favor  of  priority  of  location,  384. 
adverse  claimant  must  commence,  668,  715. 

right  to  possession  determined,  499. 
affirmative  finding  as  to  discovery  essential  to  judgment,  384. 
agreement  as  to  issues  to  be  tried,  466. 
all  courts  open  to  suitors,  455. 

defenses  must  be  pleaded,  478. 
allegation  as  to  filing  adverse  claim,  477. 

ground  stated  in  adverse  claim,  477. 

title,  477. 

amendment  does  not  change  nature  of,  497. 

requires  one  party  to  recover  judgment,  497. 
answer  must  be  as  broad  as  complaint,  479. 

show  right  to  affirmative  relief,  479. 
appearance  to  as  waiver  of  jurisdiction,  461. 

process,  449. 
applicant  may  perfect  title  after  judgment,  501. 

or  adverse  claimant  must  recover  judgment,  497. 
application  of  amendment  to,  503. 

to  homestead  and  mineral  claimants,  864. 
transfer  to  Federal  courts,  457. 
as  action  of  ejectment,  442. 

arising  under  laws  of  United  States,  497. 

an  admission  of  mineral  character  of  land,  384. 

a  stay  of  patent  proceedings,  462. 

proceedings,  379. 
excuse  for  not  prosecuting  proceedings,  438. 
attorney  has  power  to  file  written  dismissal,  720. 
averment  as  to  filing,  383. 
based  on  right  asserted  in  claim,  434,  452. 
both  parties  may  fail,  482. 
burden  of  proof,  479. 

equally  balanced,  499. 
by  assignee  of  claimant,  449. 
certificate  to  Land  Office  on  termination,  474. 
certified  copy  of  judgment  required,  429,  483,  486. 
character  of  practice  in,  454. 
citizenship  must  be  pleaded  and  proved,  477. 

need  not  be  pleaded,  478. 
claimant  must  recover  on  strength  of  own  title,  479. 

can  not  object  to  intervention,  478. 
clerk's  certificate  as  authority  for  stay  of  proceeding,  471. 
commenced  on  filing  complaint,  449. 

within  30  days,  717. 
commencement,  448. 

after  expiration  of  time,  473. 
determined  by  State  statutes,  449. 
in  court  of  competent  jurisdiction,  429,  448,  668. 
within  statutory  period,  448, 
30  days,  718. 
complaint  should  show  lode  or  placer  claim,  476. 
computation  of  time  for  filing,  439. 
conclusiveness  of  judgment,  483. 

by  default,  484, 
conditions  for  maintaining,  454. 

56974°— Bull,  94,  pt  2—15  41 


1466 


INDEX. 


ACTIONS  ON  ADVERSE  CLAIMS— Continued. 

continuation  of  proceedings  before  Land  Department,  450. 

controlled  by  local  statute,  431. 

controversy  between  lode  and  placer  claim,  489. 

mineral  and  town-site  claimant,  475. 
cost  not  recovered  if  both  parties  fail,  501. 
court  decides  as  to  termination  of,  490. 

determines  locatable  character  of  deposits,  467. 
may  direct  verdict  in  absence  of  proof,  483. 

inquire  as  to  form  and  sufficiency,  459. 
of  competent  jurisdiction,  429,  715. 
court's  construction  of  survey,  459. 

decision  protects  right  of  possession,  864. 

jurisdiction  based  on  proceeding  in  Land  Department,  500. 

to  determine  mineral  character  of  land,  467. 
powers  are  statutory,  454. 
defect  of  parties  raised  by  plea  in  abatement,  383. 
defendant  may  prove  plaintiff's  location  invalid,  479. 
must  prove  title,  479. 

show  performance  of  annual  labor,  479. 
description  shown  on  compromise  and  settlement,  492. 
determination  according  to  proof,  502. 

by  suit  in  court,  715. 

for  or  against  either  party,  502. 

of  rights,  429. 

of  possession,  384. 

committed  to  courts,  462. 

diligence  in  commencing,  449. 

prosecution,  429,  468. 

is  question  for  court,  468. 
required  to  stay  proceedings,  469,  719. 
discovery  determined  by  court,  465. 
dismissal  and  effect,  720. 

by  one  partner,  474. 
for  want  of  prosecution,  469. 
of,  operates  as  waiver,  473. 
one  coowner's  action,  474. 
patent  proceedings  after  commencement,  712. 

and  refiling  pending,  713. 
without  authority  of  plaintiff,  474. 
duties  of  successful  party,  487. 
duty  and  rights  of  parties  after  appeal,  492. 
of  claimant  after  judgment,  429. 
to  file,  373. 
each  party  a  plaintiff,  481. 

may  be  entitled  to  patent  for  part,  481. 
must  establish  right,  498. 

prove  claim  to  premises,  451. 
show  title,  481. 
effect  of  dismissal  by  fraud  or  mistake,  490. 

one  partner  after  long  delay,  474. 
failure  to  prove  citizenship,  478. 
finding  "the  defendant  guilty,"  491. 
judgment  as  to  known  vein,  567. 

for  the  defendant,  484. 

in  favor  of  placer  claimant,  485. 

on  Land  Office,  429. 

statute  of  limitations,  486. 
on,  of  waiver  filed  in  register's  office,  380. 
either  or  both  parties  must  establish  right,  499. 
entry  before  termination  canceled,  398. 

must  conform  to  judgment,  487. 
equitable  in  nature,  452. 
equity  jurisdiction,  461. 
evidence  admissible  under  general  denial,  499. 
excuses  for  not  commencing  in  time,  472. 


INDEX. 


1467 


ACTIONS  ON  ADVERSE  CLAIMS— Continned. 
failure  to  commence  in  time  as  waiver,  472. 

will  not  stay  proceedings,  473. 
waives  rights,  383. 
within  statutory  period,  472. 
pay  fees  does  not  affect  jurisdiction,  454,  461. 
secure  patent  under  judgment,  469. 
Federal  courts,  385. 

jurisdiction  depends  on  adverse  citizenship,  455. 

amount  in  controversy,  455. 
not  conferred,  385. 

necessarily  implied,  719. 
or  State  courts  competent,  454. 
questions,  385,  456. 
filing  after  expiration  of  time,  378. 

certificate  of  surveyor-general  with  judgment,  486. 
complaint  as  commencement  of,  449. 

not  commencement  of,  449. 
finding  as  to  citizenship,  477. 
form  and  practice,  497. 

of  action  insufficient  under  statute,  453. 
suited  to  State  practice,  459. 
controlled  by  State  statute,  497. 
not  provided  by  mining  statutes,  453,  463. 
governed  by  State  statutes,  452. 

Government  accepts  judgment  as  conclusive  between  parties,  484. 
as  a  party,  432. 

bound  by  judgment  of  State  court,  484. 

not  estopped  by  judgment  on,  451,  462. 

right  determined  in  Federal  court,  497. 

title  not  ''-ffected  by  judgment,  464. 
Impossible  matters  not  presumed,  468. 
in  Alaska,  879. 

independent  patent  proceedings  not  permitted  pending,  489. 

information  to  be  furnished  Land  Department,  487. 

in  State  courts,  434,  497. 

insufficient  action,  453. 

Interested  person  may  intervene,  478. 

Interests  of  Government  protected,  432. 

invalid  location  no  basis  for,  831. 

issuance  of  patent  pending  appeal,  487. 

motion  for  new  trial,  487. 
issue  limited  by  agreement  to  resumption  of  work,  466. 
judgment  against  both  parties  terminates  proceedings,  510. 

to  aid  Land  Department,  498. 
alone  does  not  give  right  to  patent,  484,  719. 
bars  further  defenses,  479. 
binding  on  Land  Department,  485. 
certified  to  Land  Department,  486. 
conclusive  between  placer  and  lode  claimants,  4. 
on  Land  Department,  483. 

if  conclusive  on  parties,  486. 

determines  rights  of  parties,  449. 

right  of  possession,  483. 
exhausts  the  field  of  inquiry,  484. 
in  favor  of  either  party,  462,  463. 
ineffectual  after  unreasonable  delay,  469. 
follows  proof  of  better  title,  479. 
for  dismissal  on  failure  to  prove  title,  482. 

part  of  location,  484. 

placer  and  against  lode  claimant,  570. 
in  unauthorized  action  not  binding  on  Land  Department,  444. 
may  be  against  both  parties,  500. 

for  third  person,  482. 
must  be  for  one  party  or  against  both,  500. 
not  attacked  in  Land  Oflace,  485. 

available  to  third  person,  484. 

rendered  on  pleading,  499. 


1468 


INDEX. 


ACTIONS  ON  ADVERSE  CLAIMS— Continued. 

judgment  of  State  court  independent  of  Land  Office,  460. 

not  reviewed  by  Federal  court,  458. 
on,  governs  Land  Office,  433. 
operates  as  an  estoppel,  384. 
plat  and  field  notes  certified  to  Land  Office,  474. 
jurisdiction  and  Federal  questions,  456. 

determined  by  ordinary  rules,  457. 
of  courts,  429,  453. 
Federal  courts,  454. 
State  courts,  434,  454,  719. 
under  State  statutes,  454. 

transferred  from  Land  Department  to  court,  720. 
jurisdictional  facts  in  State  courts,  477. 
jury  trial,  459,  460. 

Land  Department  concluded  by  judgment,  485. 

if  parties  are,  486. 
determines  right  after  judgment,  463. 
may  determine  certain  questions  pending,  471. 

law  action,  452. 

or  equity,  452. 
legal  in  character,  452. 
location  as  plaintiff's  title,  480. 

matters  relating  to  premises  in  controversy  alone  determined,  719. 
may  proceed  as  one  quieting  title,  477. 
meaning  of  court  of  competent  jurisdiction,  454. 

term  "proceedings,"  451. 
method  of  location  determined  by  court,  467. 
termination,  473. 

trial  not  changed  by  amendment,  497. 
mineral  character  of  land  determined  in,  467. 
municipality  may  intervene,  502. 
must  be  commenced  within  publication  period,  439. 

thirty  days,  377. 
in  court  of  competent  j  urisdiction,  450. 
precede  issuance  of  patent,  454. 
nature  of,  450. 

to  operate  as  stay,  438. 
necessary  to  stay  proceeding,  669. 

neither  party  recovers  on  failure  to  prove  discovery,  483. 

costs  if  both  fail,  501. 
entitled  to  judgment,  482. 
has  burden  of  proof,  499. 
new  jurisdiction  not  created,  454. 
none  required  on  failure  to  file,  382. 
nonsuit  not  prohibited,  501. 

of  plaintiff  equivalent  to  judgment  against  both  parties,  500. 
no  relation  to  ejectment,  451. 

relief  on  failure  to  commence,  383. 
stay  as  to  nonconflict  ground,  380. 
not  excused  by  independent  suit,  719. 
notice  of,  to  Land  Department,  471. 
objections  to  jurisdiction  not  pertinent,  461. 
one  party  must  show  right  to  patent,  482. 
original  applicant  must  recover  judgment  to  obtain  patent,  497. 
parties,  383,  432,  439,  668. 

must  rely  on  strength  of  titles,  452. 
may  abandon  part  of  claim  in  controversy,  481. 
waive  right,  481. 
patent  follows  judgment,  429,  486. 

proceedings  not  dismissed  pending,  380. 

transferred  to  courts,  463. 
pending  suit,  may  be  treated  as,  476. 
plaintiff  and  defendant  required  to  prove  title,  479. 
must  prove  prima  facie  cases,  476. 

show  filing  within  period  of  publication,  476. 


INDEX. 


ACTIONS  ON  ADVERSE  CLAIMS— Continued, 
pleading  and  practice,  475. 

in  action  in  State  court,  476. 
jurisdictional  facts,  477. 
title,  477. 
possession  as  an  issue,  717. 

not  essential  to  maintain,  451. 
possessory  in  character,  451. 

right  determined,  384. 
practice,  383,  497. 

governed  by  rules  of  State  court,  719. 

State  statutes,  431. 
in  accordance  with  rules  of  forum,  475. 

State  courts  not  regulated  by  Congress,  385,  460. 
relegated  to  courts.  384. 
under  amendment,  498,  499. 
where  prosecution  is  not  diligent,  469. 
presumption  indulged  by  court,  468. 
prevents  conflicting  claims  in  Land  Office,  433. 
priority  of  location  may  prevail,  480. 
procedure,  430. 

in  Alaska,  432. 
State  court,  434. 
proceedings  certified  to  Land  Office  after  judgment,  486. 
dismissed,  720. 

in  Land  Department  stayed,  379. 
not  stayed  unless  suit  is  on  adverse  claim,  472. 
proof  as  to  abandonment  of  senior  location,  481. 
by  each  party,  451. 

placer  against  lode  claimant,  483. 
of  abandonment  as  between  junior  and  senior  locations,  467. 
abandonment  of  senior  locations,  467. 
actual  possession  not  required,  480. 
admission  against  interest,  480. 
compliance  with  local  rules  and  regulations,  498. 

requirements,  433,  498. 
customs  as  to  location,  468. 
discovery  of  mineral,  440. 
filing  adverse  claims  within  time,  469. 
marking  of  boundary,  440. 
occupancy  not  sufficient,  498. 
ouster  not  necessary,  453. 
performance  of  annual  labor  necessary,  483. 
recording  of  location  notice,  440. 
relocation  to  determine  rights,  467. 
right  of  possession  sufficient,  480. 
required  by  each  party,  498. 
to  justify  recovery,  479. 
sustain,  451. 
prosecution  to  judgment,  429. 
provided  for,  448,  450. 
purely  statutory,  452. 
purpose  of,  433,  450,  462. 

to  determine  citizenship,  478. 

right  to  patent,  451. 

possession,  452. 
establish  equitable  right  to  possession  451. 
questions  determined  by  courts,  384,  462. 

not  determined,  474. 
recovery  by  both  parties,  481. 

either  party,  481. 
neither  party,  482. 
right  to  recover,  479. 
state  courts,  384. 

stay  of  proceedings  in  Land  Office,  469,  719. 

stay  proceedings,  718. 

survive  death  of  one  defendant,  908. 


1470 


INDEX. 


ACTIONS  ON  ADVERSE  CLAIMS— Continued, 
termination,  473,  501. 

by  judgment  of  court,  474. 
settlement,  474. 
time  of  commencement,  448. 
to  be  commenced  and  prosecuted  diligently,  719. 
unaccepted  tender  does  not  terminate,  471. 
United  States  as  a  party,  497. 

not  required  to  be  party  to,  464. 
validity  of  junior  location  determined,  464. 

location  questioned  after  judgment,  451,  462. 
lode  as  against  placer  location  determined  in,  465. 
original  location  determined  in,  464. 
successive  locations  may  be  determined,  464. 
venue  in  county  where  land  is  located,  459. 
waiver  by  applicant  entitles  adverse  claimant  to  patent,  720. 

of  effect  of  judgment,  469. 
what  constitutes  commencement,  449. 
when  validity  of  location  not  questioned  by,  464. 
ACTIONS  TO  QUIET  TITLE. 

not  required  to  determine  character  of  land,  870. 
title  to  lode  claim  within  placer  quieted,  575. 
ADJOINING  CLAIM. 

land  adjoining  claim  subject  to  rights  of  owner  of,  136. 
lines  laid  upon  as  affecting  extralateral  rights,  158. 
mill  sites  used  with,  596. 
use  of  surface  as  to  extralateral  rights,  158. 
sold  subject  to  possessory  rights  of  miner,  654. 
ADVERSE  CLAIM. 

See  also  Actions,  Actions  on  adverse  claims.  Patent  proceedings, 
abandonment  of  conflict  ground  after  notice,  371. 
absence  of  surface  conflict,  162,  327,  444. 
acquired  after  unreasonable  delay  in  patent  proceedings,  334. 
action  to  determine  in  Alaska,  908. 
adequate  and  speedy  remedy  afforded,  371. 
adjudication  by  court  is  final,  715. 
adverse  claimant  can  not  file  application  for  patent,  380. 
suit  between  mineral  claimants  only,  374. 
on  to  determine  right  of  possession,  372. 
aflBdavit  of  claimant,  717. 

to  by  agent,  503. 
against  application  by  agent  or  trustee  not  required,  375. 

tunnel  owner,  167. 
agent  filing  and  verifying,  503. 

not  authorized  to  verify,  717. 
agent's  verification,  376. 
agreement  not  to  adverse,  382. 

file  and  effect,  382. 
agricultural  and  mineral  claimants,  846. 
alienation  of  title  to  mining  claim  not  prohibited,  429. 
amendment  refers  all  proceedings  to  court,  497. 
appeal  from  decision  holding  claim  insufficient,  718. 

register's  decision  holding  sufficient,  718. 
applicant  in  pending  application  not  required  to  file,  445. 

may  perfect  title  after  suit,  501. 
applicant's  failure  to  comply  with  local  regulations,  162. 
application  as  to  intersecting  veins,  592. 
for  placer  patent,  521. 

duty  of  lode  claimant  to  adverse,  569. 
lode  and  placer  claims,  569. 
persons  not  required  to  adverse,  569. 
pleading  adverse  claim,  570. 
town-site  patent,  1361. 
of  section  2326,  430. 
to  placer  claim,  372. 
water  rights,  621. 
applies  to  one  of  group,  324. 


INDEX. 


ADVERSE  CLAIM-Continued. 

arising  after  expiration  of  publication  period,  378. 

from  conflicting  locations  of  same  ground,  372. 
ascertaining  boimdarics,  443. 
as  excuse  for  delay  of  patent  proceedings,  336. 
asserting  in  court  satisfies  Department,  435. 

rights  by,  371. 
assertion  of  under  adverse  possession,  316. 
assumption  in  absence  of,  371,  377,  378. 
on  failure  to  file,  380. 
that  none  exists  except  as  filed,  452. 
as  to  conflict  area,  326. 
attempted  relocation  after  entry  is  not,  390. 
authority  of  Secretary  over,  294. 

for  determination  of  rights,  430. 
granted  filing,  430. 
boundaries  of,  440. 

canceled  mineral  entry  not  reinstated,  379. 
certificate  of  clerk  of  court  as  to,  441. 

surveyor  general  as  part  of  description,  442. 
certified  copy  of  judgment,  429. 
citation  on  adverse  claimant  not  required,  375. 
claimant  as  protestant,  378,  379,  383. 

on  failure  to  pay  fee,  717. 
on  failure  to  sue,  473. 
can  have  no  advantage  of  his  own  mistake,  379. 
entitled  to  improvements  on  relinquishment,  762. 

patent  on  waiver  by  applicant,  720. 
may  defeat  homestead  entry  by  proof  of  mineral  character,  843. 
must  begin  action  on,  429,  668. 

in  court  within  thirty  days,  448. 
file  on  notice,  374. 

plat,  376. 
have  opportunity  to  file,  505. 
relegated  to  local  courts,  372. 
required  to  begin  suit,  718. 

should  notify  Land  Department  on  beginning  suit,  471. 
to  begin  action  in  court  of  competent  jurisdiction  in  Alaska,  886. 
who  fails  to  sue  is  protestant  only,  720. 
claimant's  compliance  with  requirements,  443. 

interest  protected  by  statute,  715. 

rights  in  court  and  in  Land  Department,  569. 

limited  to  those  existing  during  publication,  376. 
of  appeal,  432. 
claims  against  all  persons  must  be  determined,  474. 
not  adverse,  444. 
waived,  438. 

climatic  conditions  as  excuse  for  failure  to  file,  378. 
coal  locations,  785. 
compliance  with  local  laws,  607. 
commencement  of  action  on,  383,  448,  718. 

determined  by  Land  Department,  295. 

State  statute,  449. 

suit  on,  429,  718. 
compromise  and  settlement,  434,  444. 
computation  of  time  for  filing,  364,  372. 
conclusive  presumption  on  failure  to  file,  381. 
conflicting  claims  settled  in,  719. 

surveys  as  basis  for,  442. 
conflicts  between  nonmineral  claimants,  864. 

settled  and  patent  issued,  705,  715. 
conformity  to  requirements,  712. 
construction  of  mining  statute,  430. 

with  technical  precision  not  intended,  716. 
contemplates  present  tangible  and  certain  rights,  442. 
contents  and  sufliciency,  717. 
contestant,  718. 


1472 


INDEX. 


ADVERSE  CLAIM— Continued. 

contest  as  to  performance  of  annual  labor,  347. 
between  lode  and  placer  claims,  465. 
on  referred  to  court,  553. 
with  agricultural  claimant,  607. 
town-site  claimant,  607. 
contingent  interest  no  ground  for,  446. 
controversy  between  mineral  and  agricultural  claimant,  475. 

on  transferred  to  courts,  455. 
coowner  filing,  279. 

not  required  to  file,  445. 
corporation  may  file  by  agent  or  officer,  441. 

qualification  admitted,  101. 
court  determines  rights  in  absence  of  surface  conflict,  162. 
right  of  possession,  864. 

defense,  499. 

delay  in  filing  and  commencing  suit,  450. 
description,  442. 

conforming  to  legal  subdivisions,  443. 
where  surveys  conflict,  443. 

is  impossible,  444. 
determination  conclusive,  668. 

of  conflicting  rights  by  court,  715. 
mineral  character  of  land,  316. 
party  entitled  to  purchase,  668. 
rights,  668. 

by  statute,  432. 
to  conflict  area  by,  329. 
validity  and  priority  of  relocations,  431. 
so  patent  may  properly  issue,  371. 
diligence  in  prosecution,  439,  468. 

required  in  filing,  374. 
discrepancy  between  that  filed  and  that  sued  on,  490. 
disinterested  person  can  not  file,  668. 
dismissal  of  and  effect,  473,  474. 
suit  on,  720. 
on  failure  to  commence  suit,  716. 
will  not  excuse  commencement  of  suit,  383. 
disposal  before  payment  for  coal  lands,  785. 
duty  as  to  filing  where  veins  intersect,  592. 
of  claimant  after  judgment,  429. 

to  begin  in  court  in  Alaska,  886. 
coowner  to  assert,  435. 
interested  party  to  file,  715. 
Land  Department  on  filing,  441,  488. 

to  determine  sufficiency,  718. 
tunnel  owner  as  to  adversing,  173. 
to  adverse  coal  locations  in  Alaska,  886. 
file,  373. 

effect  of  action  on  after  abandonment  of  surface  ground,  720. 
agreement  not  to  adverse,  382. 
as  to  coal  entry,  778. 
commencement  of  proceedings,  719. 
failure  to  file,  380. 

show  conflict,  716. 
filing  on  want  of  discovery,  379. 

on  jurisdiction  of  Land  Department,  488. 
issuance  of  patent  on,  721. 
mistake  of  register,  383. 

provision  for  possession  for  a  statutory  period,  547. 
on  excluded  areas,  376. 
possessory  title,  553. 
right  to  complete  coal  entry,  778. 
where  veins  intersect,  592. 
entry  made  if  suit  not  commenced,  473. 

of  suspension  of  proceeding  on  filing,  470. 
equitable  right  of  possession  not,  715. 


INDEX. 


ADVERSE  CLAIM— Continued, 
excuse  for  failiiro  to  file,  37S. 
extralateral  riglits  no  basis  for,  444. 
failure  of  ( laimant  to  file  abstract,  312. 
coowner  to  adverse,  382. 

file  will  not  estop  him,  438. 
lode  claimant  to  adverse  patent  application,  569. 
senior  locator  to  file,  481. 
tunnel  owner  to  adverse  surface  patent,  438. 
commence  suit,  473. 
to  adverse  placer  application,  382. 
begin  suit,  429,  434. 

in  time,  720. 
on,  waives  right,  383. 
file,  437,  718. 

and  effect,  434. 

presumption,  289. 
as  a  forfeiture  of  right,  382. 

waiver,  431. 
forfeits  affirmative  rights,  388. 
in  time,  438. 

prevents  intervention,  715. 
make  discovery  within  period  for  filing,  379. 
post  notice  as  excuse  for  not  filing,  387. 
fee  for  filing,  833. 

not  paid  within  publication  period,  717. 
filed  on  oath  of  applicant,  429. 
filing  according  to  practice,  378. 
after  expiration  of  time,  378. 

publication  period,  378. 
office  hours,  377,  434. 
period  of  publication,  293. 
and  adjudication  provided  for,  371. 
methods  to  be  pursued,  431. 
suit  dispenses  with  annual  labor,  249. 
by  agent,  503. 

copy  of  judgment  with  register,  429. 

during  period  of  publication,  377,  429,  440, 716, 717. 

duty  as  to,  434. 

effect  of,  434. 

excuse  for  not  filing,  438. 

in  application  to  purchase  stone  land,  1319. 

necessity  as  to,  434. 

necessary  to  protect  rights,  374. 

notice  of,  434. 

not  permitted  after  period  of  publication,  370. 

on  SiHiday,  434. 

surveyor's  certificate,  429. 

time  of,  434. 

with  register,  716. 
final  judgment  in  proceedings,  72  . 
finding  of  court  as  to  rights  of  claimants,  429. 
form  and  sufficiency  of,  375. 

determined  by  Land  Department,  441. 
contents  as  against  coal  locations  in  Alaska,  886. 

of  claim,  375. 
fraud  in  survey  as  basis,  436. 
general  notice  to  all  claimants,  356. 
good  faith  as  an  excuse  for  delay,  439. 
Government  as  interested  party,  439. 
hearing  to  determine  character  of  land,  488. 
heirs  as  proper  parties,  439. 
homestead  claimant  not  required  to  file,  374. 
homesteaders  must  initiate,  846. 
hostile  to  possession,  373. 
inability  to  survey  as  excuse  for  not  filing,  378. 
inchoate  right,  445. 


1474 


INDEX. 


ADVERSE  CLAIM— Continued. 

instances  of  claims  and  interests  not  adverse,  445. 
intended  to  protect  property  rights  of  mineral  claimants,  372. 
interest  acquired  at  judicial  sale  is,  550. 
of  claimant,  715. 
coowner  not,  445. 
interested  parties  given  opportunity  to  assert,  371. 
interests  not  adverse,  444. 
intersection  of  veins  affords  no  ground  for,  445. 

vein  as  basis  of,  435. 
intervention  by  protestant,  189. 
irregularities  in  filing,  379. 
issuance  of  patent  pursuant  to  judgment,  429. 
judgment  against  both  parties,  500. 

inirregular  action  not  binding  on  Land  Department,  444. 

suit  on,  429. 
of  court  determines  possessory  right  only,  298. 
on  not  binding  on  Land  Department  as  to  character  of  land,  372. 
junior  applicant,  including  land  embraced  in  prior  application,  475. 

application  as,  306. 
jurisdiction  of  courts,  373,  669. 

Federal  court,  497. 
Land  Department,  487, 489. 
State  courts,  715. 
in  proceedings  on,  719. 

suit  on  claim  filed  after  time,  378. 
to  settle  character  of  land,  372. 
Land  Department  can  not  assume  waiver  from  delay,  472. 

extend  time  for  filing,  377. 
determines  sufficiency,  487. 
jurisdiction  over,  716. 

may  determine  mineral  character  after  judgment  on,  330. 
office  closed  as  excuse  forfailm-e  to  file,  378. 
legislation  in  reference  to,  371. 
lien  holder  not  required  to  file,  550. 
local  officer  filing  after  expiration  of  period,  378. 

must  require  compliance,  376. 
location  not  perfected  by  discovery,  379. 
lode  and  placer  applications,  569. 

maintaining  equitable  action  to  determine  in  Alaska,  909. 
maimer  and  time  of  presenting,  371,  377. 
matters  urged  after  rejection,  376. 
meaning  an  application  of  term,  442. 

of  "  it  shall  be  assumed,"  381. 
"claim,"  433. 

and  claimant,  433. 
term  "description  required  in  other  cases,"  442. 
means  the  Land  Office  adverse  claim,  373. 
method  of  enforcing  right  of  possession,  431. 

relief,  431. 
mill  site  claimant  must  file,  438. 

not  to  file,  375. 
protected  by,  606. 
title  asserted  as,  442. 
mineral  claimant  against  second  homestead  entry,  1388. 

not  required  to  adverse  townsite  entry,  1375. 
miners' regulations  may  require,  435. 
mining  locations  in  Philippine  Islands,  1059. 

statutes  provide  procedure,  431. 
municipality  may  intervene  in  action,  502. 
must  conform  to  regulation,  376. 

exist  during  period  of  publication,  373. 
show  controversy  over  ground  in  application,  442. 
nature  of,  372,  440. 

proceedings  on,  497,  715, 
neither  party  entitled  to  judgment,  500. 


INDEX. 


1475 


ADVERSE  CLAIM-Continued. 
no  appeal  on  failure  to  file,  390. 

estoppel  to  action  in  ejectment,  1361. 

presumption  as  to  claim  initiated  after  publication,  382. 

of  absence  if  notice  not  given,  369. 
protest  on  failure  to  file,  386. 
provision  as  to  form  or  filing,  669. 
none  after  patent  issues,  430. 
between  coowners,  372. 
where  persons  claim  under  same  location,  373. 
not  aided  by  proof  of  cancellation  of  entry,  400. 
required  to  subsequent  applications,  374. 
waived  by  filing  amended  application,  438. 
oath  by  officer  of  corporation,  583. 

of  claimant  as  to  extent,  443. 
objection  after  publication  is  by  protest  only,  375. 
time  for  filing,  378. 
of  alienage  made  by  interested  parties,  478. 
object  of  determination  of,  668. 
opportunity  for  filing  necessary,  505. 
original  locator  may  test  the  fact  of  abandonment,  382. 
owner  not  required  to  file  against  agent's  application,  375. 

trustee's  application,  375. 
of  fee  not  required  to  file,  445. 

water  right  not  required  to  file,  621. 
parties  entitled  to  different  parts  of  claim,  429. 

in  interest  may  maintain  action  to  determine  in  Alaska,  909. 
interested  charged  with  notice,  474. 
to  adverse  suit,  383. 
parts  of  proceedings  not  stayed,  429. 
patent  as  an  adjudication  against,  721. 

issued  to  proper  owner  as  adjudged,  429. 

not  granted  for  lode  within  placer  pending  suit,  331. 

proceedings  not  dismissed  pending  suit  on,  380. 

required  after  adverse  suit,  487. 
stayed  if  no  surface  conflict,  445. 
unless  filed,  434. 

payment  of  price  and  fees,  429. 
persons  not  required  to  adverse,  374. 

to  file  and  begin  suit,  668. 
place  of  filing,  302,  716. 
placer  application,  382. 

locator  not  required  to  adverse  lode  application,  708. 
patentee  adversiag  lode  application,  566. 
not  required  to  file,  569. 
plat  and  field  notes  as  part  of  prescription,  442. 
survey,  442. 

sworn  statement  to  be  filed  with,  376. 
must  be  filed  by,  712. 
pleading  and  proof,  499. 
possessory  title  as  basis  of,  435. 

practice  as  to  presenting,  not  provided  for  in  statute,  669. 

in  adverse  suit,  383. 
preemptor  electing  to  make  final  proof,  607. 
presumption  as  to  notice  in  absence  of  filing,  381. 

in  absence  of,  289,  307,  333,  358,  363,  371,  380,  436,  718. 
that  none  exists,  333. 
priority  of  possessory  rights,  373. 

waived  by  failure  to  adverse,  381. 
proceedings  in  aid  of  Land  Department,  498. 
certified  to  Land  Office,  429. 
not  affected  by  amendatory  act,  503. 
on  applicable  to  placer  claim,  523. 

transferred  to  court  on  filing,  470. 
stayed  on  filing  of,  379,  440. 
to  determine,  371. 
procedure  regulating,  430. 


1476 


INDEX. 


ADVERSE  CLAIM— Continued. 

proof  as  to  filing  with  action  on,  476. 
hy  each  party,  498. 

in  Land  Department  not  required,  483. 
of  citizenship,  28,  502. 

of  corporation,  101. 
filing  in  time  necessary,  469. 
to  sustain,  379. 
protest  as  basis  of,  386. 

force  and  effect,  446. 
is  not,  718. 
insuflftcient  as,  376. 
provisions  as  to  filing  are  mandatory,  377. 

for  filing,  710. 
publication  as  process,  375. 

of  notice,  439. 
proceeds  after  filing,  720. 
purchaser  under  lien  must  file,  550. 
purpose  of  proceedings  on,  372,  715. 

requiring  verification  within  land  district,  717. 
section  2326,  430. 
statutory  provisions,  371. 
to  determine  citizenship,  477. 
question  as  to  performance  of  annual  labor,  466. 
of  abandonment,  466. 

discovery  determined  in,  384,  465. 
relocation  in,  467. 
questions  adjudicated,  484. 

as  to  surface  rights  only  determine,  384. 
defendant  may  prove,  480. 

determined  by  court  and  not  by  land  officers,  455. 

Land  Department  after  judgment,  485. 
in,  405,  429,  454. 
suit  on,  429. 
for  determination  by  court,  462. 
must  be  pleaded,  475. 
not  within  court's  jurisdiction,  474. 
of  law  and  fact  open  for  consideration,  454. 
raised  by  not  determined  on  protest,  489. 
quieting  title,  452. 
recovery  in  legal  action,  452. 

of  possession,  452. 
reference  to  conflicting  locations,  432. 
register  must  certify  proceedings,  429. 
regularity  and  filing  determined  by  Land  Department,  295. 
regulations  imposing  additional  requirements  as  to  survey,  444. 
rejected  for  insufficiency,  716. 
relative  rights  to  mining  claims  determined  by,  184. 
relinquishment  of  conflicting  rights  determined  by  court,  468. 
relocation  determined  in,  467. 
remedy  for  determination,  371. 
removal  of  local  land  office  on  time  for  filing,  372. 

to  Federal  court,  456. 
resumption  of  work  as  so  questioned  for  determination,  466. 
right  as  against  Government  not  determined  in,  464. 
not  defeated  by  mistake  of  applicant,  379. 
of  possession,  429. 

adjudged  in  adverse  claimant,  720. 
as  subject  matter  of  controversy,  716. 
determined,  371,  499. 
not  a  Federal  question,  456. 
subsequent  locator  to  test  prior  location,  430. 
way  is  not,  669. 
to  contest  after  accepting  patent  for  part,  406. 
rights  as  against  possessory  title,  553. 

to  intersecting  veins  not  determined  by,  705. 
at  intersection  of  veins  not  basis  of,  475. 


INDEX. 


1477 


ADVERSE  CLAIM— Continued. 

rights  between  parties  determined,  499. 

and  the  ITnited  States  determined,  499. 
determined  by  suit,  384. 
in  absence  of,  552. 
not  waived,  438. 

on  intersecting  vein  protected  by  adversing,  592. 
rule  in  ejectment  does  not  apply,  500. 
rules  by  which  Department  determines  right,  489. 
separate  actions  by  coowners,  474. 

patents  may  issue  if  proof  justifies,  481. 
settlement  for  benefit  of  Land  Department,  432. 

of  disputes  in  court,  433. 
showing  as  to  boundaries,  443. 

initial  boundary  and  its  extent,  716. 
nature,  443. 

and  boundaries,  429. 
ownership,  716. 
surface  conflict,  440. 
special  notice  not  required,  375. 

proceeding  to  determine  right  of  possession,  450. 
speculative  matters  not  basis  for,  445. 
State  courts  can  not  review  actions  of  land  officers,  459. 
have  jurisdiction,  715. 

in  adverse  suits,  459. 
may  determine,  458. 
law  determines  commencement  of,  449. 
statutes  governing,  449. 
statute  operates  as  limitations  against  filing,  378. 

protects  interests,  715. 
statutory  action  on  necessary  to  prevent  waiver,  719. 

stay  proceedings,  719, 

stay  of  proceedings,  379, 429, 669. 
subject  matter  for  determination,  716. 

of  controversy,  716. 
subsequent  discovery  can  not  aid,  376. 
subsurface  rights  not,  669. 
sufficiency,  375, 669, 716. 

form  and  substance,  440. 

oath  of  claimant,  440. 

of  by  corporation,  441. 
answer,  479. 

waiver  determined  by  court,  468. 
substance,  441. 
when  filed  by  purchaser,  441. 
suit  not  instituted  in  absence  of,  382. 
on,  28. 

for  information  of  Land  Department,  372. 
in  aid  of  Land  Department,  372. 
in  court  of  competent  jurisdiction,  28,  429. 
in  Alaska,  879. 

to  settle  character  of  land,  372. 

to  determine  right  of  possession,  372. 
Sunday  as  last  day  of  publication,  377. 
surface  conflict  wanting,  446. 

owner  not  required  to  adverse  tunnel,  167. 
survey,  343. 

and  plat,  442. 

impossible  from  climatic  effects,  443. 

of  in  patent  proceedings,  343. 
surveyor  general's  certificate  as  to  work,  429. 
survival  of  action  to  determine  in  Alaska,  908. 
survives  death  of  one  defendant,  908. 
third  locator  may  prove  rights,  435. 

persons  may  intervene  in,  189. 
time  for  claimant  to  begin  action  to  quiet  title  in  Alaska,  886. 


1478 


INDEX. 


ADVERSE  CLAIM— Continued. 

time  for  commencing  action  on,  429, 668, 718, 879. 

in  Alaska,  879. 
commeacement  of  action  on  in  state  court,  434. 

is  fixed  by  Federal  statute,  449. 
not  controlled  by  state  statute,  449. 

filing,  372,  377, 716,717. 

determined  from  time  of  posting,  377. 
in  Alaska,  879, 886. 
on  removal  of  local  land  office,  372. 
title  held  under  existing  patent,  442. 
in  fee  not  basis  of,  452. 

established,  452. 
obtained  at  judicial  sale  as  basis  of,  442. 
of  adverse  claimant  determined  by  court,  463. 
under  location  as  basis  of  recovery,  480. 
to  coal  locations  in  Alaska,  886. 

protect  possessory  title,  435. 
town-site  claimant  must  file,  374. 

owner  must  file  in  Alaska,  436. 
patentee  has  no  standing  as,  1366. 
not  to  file,  374. 
should  file,  1361. 
trial  by  jiu-y  not  required,  497. 

in  action  on,  497. 
tunnel  and  mining  location,  373. 
location  as,  167. 

locator  may  protect  rights  by,  436. 
owner  as  protestant  on  failure  to  sue,  473. 

not  required  to  file,  444, 446. 
owners'  rights,  173. 
underground  conflict  not,  669. 

rights  no  basis  for,  446. 
verification,  717. 

before  officer  in  land  district,  717. 

outside  of  land  district,  584. 
by  agent,  376, 503. 

or  attorney  in  fact,  503. 
officer  or  corporation,  440, 712, 717. 
violation  of  agreement  not  to  file,  382. 
waived  by  compromise  and  dismissal  of  suit,  720. 
waiver,  429. 

as  a  termination,  474. 
by  admission  of  record,  473. 
transfer,  473. 
failure  to  sue,  472. 
of  coowner's  rights,  382. 

filed  in  officer  of  register,  380. 
right  by  failure  to  file,  382. 
rights,  437. 

by  failure  to  file,  718. 
want  of  citizenship  shown  by,  712. 
water  rights  not  subject  to,  621. 
what  constitutes,  553,  668,  716. 
when  absence  of,  raises  no  presumption,  382. 

extralateral  rights  are  not,  158. 
who  may  file,  435,  715. 

waive,  438. 
widow  of  deceased  locator-must  file,  374. 
width  of  lode  in  placer  claim  on  failure  to  adverse,  570. 
will  not  relieve  against  annual  labor,  250. 
ADVERSE  POSSESSION. 

See  also  Possession,  Possessory  rights,  Statute  of  limitations, 
abstract  of  title  not  required,  551. 
adverse  claim  may  be  filed,  553. 

annual  expenditure  not  required  under  adverse  possession,  552. 
application  of  section  2332,  547, 


INDEX. 


ADVERSE  POSSESSION— Continued, 
assignees  protected,  550. 
break  in  possessory  title,  549. 
compliance  with  statutory  requirements,  552. 
continuance  in  one  person  not  required,  550. 
does  not  dispense  with  discovery,  552. 
effect  as  against  United  States,  549. 

of  adverse  claims  on  possessory  title,  553. 
break  in  possessory  title,  549. 
local  customs  on  possessory  rights,  551. 
local  rules  on  possessory  rights,  551. 
failure  to  prosecute  patent  proceedings,  552. 
initiated  by  peaceable  entry,  548. 
lienholders  protected,  550. 
meaning  of  period  of  limitations,  548. 
patent  in  absence  of  adverse  claim,  552. 
possession  for  the  period  of  limitations,  547. 
possessory  rights,  551. 

determined  by  local  rules  and  customs,  551. 
practice  and  proof,  551. 

on  application  for  patent,  551. 
proof  in  application  for  patent,  552. 

of  performance  of  assessment  work,  552. 

record  title  not  required  for  patent,  551. 
sufficient  to  establish  title,  549. 
on  application  for  patent,  551. 
to  acquire  title  by,  548,  550. 
purchasers  protected,  550. 
purpose  of  section  2332,  547. 
rights  protected,  550. 

use  of  water  prior  to  patent  not  part  of,  660. 
what  constitutes  break  in  possessory  title,  549. 
ADVERSE  SUIT. 

See  Actions  on  adverse  claims. 
AFFIDAVIT. 

See  also  Oath,  Verification, 
administered  by  agent  of  corporation,  584. 
adverse  claim,  717. 
amendment  of,  585. 
application  for  patent,  304. 

of  section  2335,  582. 
as  proof  of  annual  labor  on  mining  claims  in  Alaska,  901. 
to  annual  labor  required  by  State  laws,  269. 
assessment  work  in  Alaska,  878,  879. 
citizenship,  99,  428. 
expenditures,  356. 

nonmineral  character  of  isolated  tracts,  1098. 

to  protect  homestead,  801. 

posting  notice,  306. 

and  plat,  289. 
authority  to  make,  675. 
before  officer  in  land  district,  717. 
by  agent,  427. 

or  attorney,  427. 
applicant,  583. 

mineral  applicant  as  protest  against  homestead  entry,  846. 
officer  of  corporation,  583. 
contents  of  as  to  annual  labor  in  Alaska,  878. 
effect  as  prima  facie  evidence  of  performance  of  work  in  Alaska,  878. 
of  nonmineral  and  evidence,  846. 
preliminary  on  stone  land,  1315. 
failure  to  file  as  proof  of  assessment  work  in  Alaska,  878. 
false  as  to  known  vein  or  lode,  571. 

if  not  made  on  personal  knowledge,  846. 
fee  for  filing  in  Alaska,  879. 
made  before  officer  within  land  district,  583. 

proper  officer  in  land  district,  304. 


1480 


INDEX. 


AFFIDAVIT— Continued, 
nonmineral,  846. 

must  be  based  upon  personal  knowledge,  846. 
not  made  on  information,  846. 
of  annual  labor  recorded  in  Alaska,  884. 
publication  and  posting,  369. 
two  persons  required,  289. 
want  of  knowledge  of  known  vein,  563. 
perjury,  879. 

person  authorized  to  administer  oath  in  Alaska,  879. 
place  of  making,  583. 

proof  of  compliance  with  statutory  requirements,  307. 
provisions  as  to  are  mandatory,  582,  583. 
recording  in  Alaska,  879,  884. 
sufficiency  as  to  vacant  lands,  1174. 

of,  to  application  for  patent,  304. 
taken  before  interested  officers,  585. 
time  for  filing  in  Alaska,  879. 
to  notice  of  contest,  582. 
unauthorized,  428. 

verification  before  officer  within  land  district,  717. 
what  officer  authorized  to  administer,  583. 
AGENT. 

acts  inure  to  principal  as  to  coal  entry,  756. 
adverse  claim  filed  by,  503. 
affidavit  by,  427. 

of,  to  adverse  claim,  503. 

as  to  citizenship  based  on  information,  100. 
alien  corporation  can  not  obtain  title  to  mineral  lands  by,  28. 
authority  to  make  mining  location  for  principal,  56. 

verify  application  for  patent,  583. 
coal  entry  by,  for  corporation  prohibited,  774. 

undisclosed  principal  illegal,  735. 

not  made  for  benefit  of  principal,  732. 

permitted,  736. 

prohibited,  774. 
conspiracy  to  enter  coal  lands  by,  775. 
corporation's,  may  verify  adverse  claim,  712. 
disqualified  person  can  not  act  by,  774. 

effect  of  possession  of  coal  land  on  principal's  preference  right,  756. 

location  of  placer  claims  in  Alaska  by,  875. 

locator  not  required  to  adverse  application  of,  375. 

mining  location  made  by,  27. 

not  authorized  to  verify  adverse  claims,  717. 

number  of  placer  claims  located  by,  in  Alaska,  875. 

placer  locations  by,  536. 

possession  of  coal  land  by,  756. 

lands  for  principal,  756. 
power  of  attorney  to  locate  placer  claims  in  Alaska,  875. 
proof  by,  in  applications  for  patent,  427. 

of  citizenship  of  association  by,  100. 
relocation  by,  271. 

second  coal  entry  by,  prohibited,  774. 
unauthorized  to  make  affidavit,  854. 
verification  of  adverse  claim,  376,  503. 
AGRICULTURAL  CLAIMANTS. 

See  also  Agricultural  entries.  Agricultural  lands, 
coal  lands,  747. 

burden  after  mineral  character  determined  by  Department,  317. 
of  proof  after  mineral  adjudication,  316. 

as  to  mineral  character  of  land,  317. 
in  controversy  with  mineral  claimant,  33. 
compliance  with  local  laws,  607. 
contest  with  coal  claimant,  747. 

mill  site  claimant,  607. 
filing  adverse  claim  not  required,  374. 
no  patent  after  mineral  discovered,  626. 


INDEX. 


1481 


AGRICULTURAL  CLAIMANTS— Continued, 
patent  subject  to  water  rights,  622. 
preference  right  of  entry  under  settlers'  relief  act,  1217. 
proof  of  character  of  land  in  mineral  regions,  62.5. 

discovery  as  against  mineral  claimant,  79. 
sufficient  to  defeat,  315. 
protest  by,  1155. 

reliance  on  return  of  surveyor  general,  625. 
right  to  patent  after  mineral  discovery,  626. 
AGRICULTURAL  ENTRIES. 

See  Agricultural  claimants.  Agricultural  lands, 
affidavit  as  to  value  of  lands  for  timber  and  stone,  847. 
application  for  purchase  of  coal  lands,  824. 
burden  of  proof  on  mineral  claimant  to  overthrow,  845. 
coal  lands,  816,  823. 

effect  of  subsequent  discovery  of  stone,  844. 

entry  on  coal  lands  withdrawn,  823. 

failure  of  mineral  claimant  to  object  to,  846. 

lands  worked  and  abandoned  by  miners  subject  to,  7. 

limited  patent  to  coal  lands,  817. 

mere  mineral  prospect  will  not  prevent,  6. 

mineral  lands,  7. 

mining  statutes  protect,  639. 

on  coal  lands,  816,  823. 

before  withdrawal,  817. 
mineral  lands  protected,  624. 
stone  lands  not  permitted,  1322. 

protected  by  mining  laws,  639. 

purchase  of  surface,  823. 

reservation  of  coal,  823. 

salines  reserved  from,  1212. 
AGRICULTURAL  GRANTS. 

mineral  lands  reserved  from,  in  Kansas,  1279. 
AGRICULTURAL  LANDS. 

See  also  Agricultural  claimants.  Agricultural  entries.  Burden  of  proof,  Coal  lands,  Entry,  Mineral 
lands,  Patent,  Stone  lands. 

acquisition,  625. 

biuden  after  exclusion  from  railroad  grant  because  mineral,  317. 
of  proof  after  mineral  entry,  318. 

as  to  mineral  character  after  determination,  1388. 
in  contest  between  entrymen,  845. 
on  determination  of  character  of,  317. 
mineral  claimant,  33,  1103, 
certificate  of  mining  location  will  not  shift  burden,  319. 
comparison  of  value  with  mineral  lands,  625. 
contest  with  mill-site  claims,  607. 

determination  of  character  conclusive  as  against  mineral  claimant,  843. 

determination  of  character  of,  1389. 

disposal  as  coal  lands,  787. 

effect  of  mineral  improvements,  626. 

mining  location  on,  1196. 

presence  of  mineral,  316. 

proximity  of  mine,  842. 

tunnel  on,  1387. 
entry  before  coal  classification  protected,  821. 

on,  protected,  625. 
entryman  entitled  to  limited  patent,  823. 
hearing  to  determine  as  against  mineral  claimant,  625,  843. 
homestead  entries,  625. 
lands  returned  as  by  surveyor  general,  850. 
may  be  mineral  also,  532. 
method  of  acquiring,  625. 
mill  sites  on,  607. 
mineral  lands  not  included,  7. 

patent  not  granted  without  hearing,  314.  • 
56974°— Bull.  94,  pt  2—15  42 


1482 


INDEX. 


AGRICULTURAL  LANDS— Continued. 

mining  claims  not  acquired  by  patent  for,  403. 

location  on,  53, 1196. 
more  valuable  for  than  for  mining,  317. 
nature  and  acquisition,  625. 
nonmineral  affidavit  as  to,  846. 
not  subject  to  lieu  selection  unless  vacant,  1172. 

mineral  entry,  844. 
occupation  as  mining  claim  as  against  homestead  entry,  843. 
patent  for  surface  reserving  coal  deposits,  812. 

to  does  not  convey  known  mines,  626. 
placer  location  on,  531. 
preference  right  of  entry,  846. 
proof  as  to  character  of  land,  625. 

of  mineral  character  sufficient  to  defeat  entry,  841. 
to  defeat  homestead  entry,  314. 
public  lands  in  Alabama  disposed  of  as  agricultiu-al,  795. 
purchase  of  as  mineral  land,  1146. 

with  knowledge  of  mineral  character,  34. 
return  as  does  not  withdraw  from  private  entry,  627. 
right  to  patent  not  defeated  by  subsequent  mineral  discovery,  843. 
segregation  in  placer  locations,  532. 
stone  ledges  will  not  except  land  from  entry,  844. 
survey  may  segregate  agricultural  and  mineral,  532. 
surveyor's  return  not  overcome  by  certificate  of  location,  319. 
use  for  mill  site,  607. 
ALABAMA. 

See  also  State  grants. 

amendment  of  coal-land  act,  822. 

application  of  enabling  act  to  mineral  lands,  1249. 

classification  of  mineral  lands  in,  1095. 

coal  and  iron  land  act,  792. 

lands  selectable  as  lieu  land,  1249. 
coal-land  act  amendment,  822. 

extended  to,  822. 
coal  lands  in,  792. 

not  reserved  vmder  enabling  act,  1249. 
discovery  of  mineral  after  entry,  799. 
disposal  of  coal  lands,  792. 

as  agricultural  lands,  795. 
iron  lands,  792. 
lands  in,  795. 
mineral  lands,  796. 
effect  of  grant  to  on  coal  lands,  1249. 
entry  of  land  reported  as  containing  coal,  799. 

iron,  799. 

grant  of  rights  to  coal  lands  in,  793. 
homestead  entry,  800. 

on  nonmineral  lands,  801. 
homesteader  protected,  800. 
indemnity  selections  by,  1249. 

may  be  made  from  similar  lands,  1249. 

iron  lands,  792. 

lands  reported  as  coal  and  iron,  798. 

selected  in  lieu  of  coal  sections,  788. 
mineral  lands  excepted  from  grant  to,  1247. 

homestead  act,  1090. 
railroad  grant,  1143,  1265. 
reserved  from  entry  and  sale,  799. 
nonmineral  affidavit,  801. 
offering  of  nonmineral  lands  not  required,  801. 
payments  refunded,  799. 

phosphate  lands  excepted  from  railroad  grant,  1265. 
public  offering  before  entry,  796. 

right  to  select  mineral  lands  under  University  grant,  1251. 
rights  not  effected  by  coal  statutes,  793. 
of  homesteader^  800. 


INDEX. 

ALABAMA— Continued, 
salines  grantod  to,  1248. 
salt  springs  granted  to,  1248. 
Secretary  authorized  chissify  mineral  lands,  1095. 
State  grant  to  in  aid  of  railroads,  1265. 

selection  of  mineral  lands,  799. 
statute  providing  for  disposal  of  mineral  lands  in,  795. 
stone  lands  subject  to  entry,  795. 

subsequent  statutes  can  not  deprive  it  of  rights  under  enabling  act,  1249. 
suspension  of  homestead  pending  offer,  801. 
title  to  mineral  lands  acquired  under  enabling  act,  1249. 
to  every  sixteenth  section  irrespective  of  mineral  character,  1248. 
university  grant  selection  of  mineral  lands,  1250. 
vested  rights  protected,  797. 
ALASKA. 

actions  for  recovery  of  mining  claim  survive,  909, 1184. 
on  adverse  claim,  432. 

to  maintain  possessory  right  to  mining  claim,  908. 
recover  possession  of  mining  claims,  909. 
adverse  claim,  action  on  in  879. 

against  patents  for  coal  location,  886. 
between  nonmineral  claimants,  864. 
filing,  879. 

time  of  beginning  suit,  879. 
filing,  879. 

agent  limited  to  location  of  two  placer  claims,  875. 

must  have  power  of  attorney  to  make  mining  locations,  876. 
sworn  statement  must  accompany  application  for  patent,  876. 
agreements  to  consolidate  coal  locations  illegal,  891,892. 
aliens  may  acquire  mining  claims,  910. 
amount  of  annual  expenditures  on  placer  claims,  877. 
annual  labor  on  oil  lands,  1048. 

one  of  group  of  oil  claims,  1048. 
placer  claims  in,  875. 
application  and  construction  of  the  mining  laws  as  to,  887. 
of  coalstatutes  to,  891. 
mining  statutes  to,  872. 
appointment  of  surveyor  general,  898. 
appropriation  of  land,  883. 
appropriations  for  survey  of  minerallands,  911. 
area  of  coal  land  acquired  by  association,  889. 
authority  for  compiling  laws,  861. 

of  Land  Department  to  determine  character  of  land  in,  863. 
to  organize  corporations,  902. 
board  of  road  commissioners,  861. 
carrier's  rights  as  to  coal  lands  in,  893. 
cash  entries  for  coal  lands  in,  785. 
certificate  of  location  admissible  in  evidence ,  874. 
character  of  land  determined  by  land  office,  869,  870. 
civil  code,  883. 
civil  government ,  899. 

act, 900. 

claim  for  laborer'slien  filed  with  recorder,  905. 
clerks  provided  with  records  for  recording  mining  claims,  899. 
coal  deposit  sin,  891. 
entries  in,  778. 

on  surveyed  lands,  778. 

only,  774. 
unsurveyed  lands,  784. 
excluded  from  right  of  way  in,  863. 
for  domestic  purposes,  895. 
land  laws,  871,  886. 

extended  to  Alaska,  887. 
lands  enterable  by  qualified  persons  or  associations,  885. 
leasing  act,  892. 
on  streams,  867. 

or  coal  deposits  in  Alaska  subject  to  forfeiture,  891. 


1484 


INDEX. 


ALASKA— Continued. 

coal  lands  reserved  by  President,  893. 
laws  extended  to,  782. 

location  authorized  on  unsurveyed  lands,  888. 
relief  act  not  intended  to  grant  monopoly,  892. 
reserved  from  entries  under  nonmineralland  laws,  812. 
statutes  construed  as  remedial,  891. 
in  force  in,  886. 

made  applicable  to  unsurveyed  lands,  888. 
combination  to  purchase  coal  lands  or  deposits  unlawful,  891. 
compiled  laws,  861. 

conditions  to  be  recited  in  patent  for  coal  lands,  891. 
consolidation  of  coal  claims,  890,  892. 

permitted,  891,  892. 
conspiracy  to  purchase  coal  lands  forfeits  title,  891. 
construction  of  coal-land  statutes  as  applicable  to,  891. 
Cordova  Bay  Harbor,  etc.,  Company's  rights  in,  898. 
corporations  and  pipelines,  883. 

leasing  coal  lands  in ,  893. 

may  organize  to  acquire,  hold,  and  operate  mines,  907. 

smelters,  907. 

death  of  party  will  not  abate  action  relating  to  mines,  908. 

Department  regulations  over,  873. 

determination  of  adverse  claim  to  coal  location,  886. 

preemption  rights  on  public  lands,  890, 1222. 
development  of  coal  deposits,  892. 

disposal  of  coal  deposits  in  lands  entered  as  nonmineral,  812. 
lands  in,  871,  897. 

distribution  of  payment  by  owner  to  contractor  to  miners  and  laborers,  906. 
districts  in  which  instruments  shall  be  recorded,  900. 
duration  of  miner's  lien,  905. 

duty  of  recorder  to  keep  record  of  miner's  liens,  880. 

surveyor  general  as  to  placer  claims  in,  876. 
easements  reserved  in  coal  leases,  896. 
effect  of  location  certificate  as  proof  of  possession,  874. 
election  of  mining  recorder,  885. 
eminent  domain  for  mining  purposes,  902,  903. 
enforcing  miner's  lien,  881,  905. 

liens,  appeal,  882. 
equitable  action  for  interest  in  mining  claim,  909. 
excessive  area  of  coal  lands  not  permitted,  892. 
existing  liens  of  miners  not  impaired,  907. 
extension  of  water -right  laws  to,  618. 
extent  of  agent's  authority  to  locate  placer  claims,  875. 

laborer's  lien  on  leased  mine,  903. 

mine,  905. 

miner's  lien  in,  880. 

placer  claims  in,  875. 
failure  to  perform  annual  labor  within  year,  879. 
filing  affidavit  as  to  performance  of  annual  labor  in  Alaska,  879. 
claim  of  lien  in,  880. 

declaratory  statement  for  coal  entry,  769. 
notice  of  mining  location  for,  900. 
form  and  extent  of  coal  locations  made  in  good  faith,  890. 

of  placer  claim,  876. 
good  faith  entry  of  coal  lands  may  be  perfected,  890. 
Government  act,  872. 

as  to  mining  claims,  873. 
displaced  miners  rules,  873. 
on  title  and  possession  of  mining  claims,  874. 
homestead  and  mineral  claimants,  869,  870. 
irregular  placer  locations,  515. 

impossibility  of  conforming  placer  locations  to  survey,  543. 
improvements  on  placer  claims  in,  875. 
inspection  of  coal  fields,  1095. 

mines,  922,  923,  929, 
mineral  deposits,  1095. 


INDEX. 


1485 


ALASKA— Continued. 

joint  action  to  enforce  miner's  liens,  881. 
judicial  notice  as  to  locations  in,  189. 

mineral  deposits  in  Seward  Peninsula,  883. 
survey  in,  530. 
jurisdiction  of  courts  in  action  on  adverse  claim,  804. 

enforcing  of  miner's  liens  in,  881. 
to  protect  miner's  liens,  882. 
laborer  must  file  claim  for  lien,  905. 

on  mining  claim  must  file  notice  of  lien,  880. 
laborer's  lien  on  leased  mine,  903. 
land  district,  872. 

lands  above  tide  open  to  mining  location,  874. 
entered  for  town-site  purposes,  807. 
taken  for  cemetery  in  mining  districts,  809. 

parks  in  mining  districts,  809. 
valuable  for  building  stone  enterable  under  mining  laws,  1328. 
laws  of  Oregon  extended  to,  873. 
lease  of  adjoining  coal  lands,  894. 
length  and  width  of  placer  claim,  870. 

of  placer  location  not  to  exceed  three  times  width  in,  875. 
liability  for  trespassing  on  mineral  land,  909. 

mining  claim,  909. 
of  lessor  of  mine  for  laborer's  lien,  904. 

person  robbing  or  destroying  any  flume,  rocker,  quartz  vein,  sluice  box,  or  mining  claim,  909. 
license  to  operate  mines,  910. 

quartz  mills,  910. 
lien  for  grading  street,  905. 
of  miner  on  mine,  879. 
on  mine,  884. 

enforcing  against  mine,  pleading,  884. 
recovery  of  attorney's  fees,  884. 

expenses,  884. 
right  of  laborer  to  hold,  884. 
tramway  lines,  903. 
limitation  of  actions  for  recovery  of  mining  claims,  908. 

on  placer  locations,  530. 
limited  license  to  mine  coal,  895. 
location  of  mining  claims  by  alien,  910. 
placer  claims  in,  875. 

by  agent,  875. 

marshal  operating  mines  to  pay  liens,  882. 

materials  furnished  for  mine  not  subject  to  legal  process,  900. 

mechanic's  lien  for  labor  in  mines,  flumes,  and  tunnels,  903. 

on  mines,  flumes,  tunnels,  903. 
mill  site  not  permitted  on  OO-foot  easement  on  shore,  804. 

sites  on  water  fronts,  874. 
mine  inspection,  922,  923,  929. 

inspectors'  salaries,  922,  923,  929. 
mineral  lands,  883. 

for  cemetery,  809. 
parks,  809. 

in  reservations  restricted  to  public  lands,  1105. 
not  acquired  by  town-site  entry,  1379. 

locations,  807. 
included  in  forest  reservations,  1104,  1105. 
on  streams,  807. 
water  fronts,  874. 
veins  within  town-site  limits,  1379. 
minerals  excluded  from  right  of  way  in,  802,  803. 
miner's  lien  for  work  or  material,  879. 

not  defeated  by  informality  in  notice,  881. 

mistakes,  881. 
not  waived  by  agreement,  882. 

on  building  improvements  extend  to  ditches,  flumes,  and  tuimels,  907. 
may  make  rules  and  regulations,  885. 
must  file  notice  of  lien,  880. 


1486 


INDEX. 


ALASKA— Continued. 

miner's  right  to  kill  birds,  898. 

game  animals,  898. 
rules  and  regulations  as  to  affidavits  of  labor,  885. 

ditches,  885. 
flumes,  885. 
mining  claims,  885. 
water  rights,  885. 
as  to  placer  location,  530. 

recording  notice  of  location,  901. 
mining  claims  as  permanent  monuments^  230. 

on  lands  above  high  tide,  874. 
mining  laws.   See  Mining  statutes. 

location,  affidavit  as  to  annual  labor  on,  879. 
annual  labor  on,  878,  879. 
burden  of  proof  in  Alaska,  878. 
not  permitted  on  tide  lands,  874. 
on  shore  waters  of,  871. 

reservations  in,  180,  1165. 
subject  to  highway  easement,  864. 
operations  in,  must  not  interfere  with  rights  of  way  in,  863. 
records  delivered  to  proper  recorder,  885. 
legalized,  885. 
made  public  records,  885. 
statutes  extended  to,  618,  782,  871,  872,  873,  886,  887. 
system  in,  189. 
moneys  derived  from  sale  of  coal,  866. 
monopoly  of  coal  lands  not  permitted  in,  888. 
nature  of  act  permitting  coal  entry  on  imsurveyed  lands,  784. 
no  provision  for  stay  of  proceedings,  471. 
no  surface  mining  location  with  town  sites,  1379. 
notice  of  coal  location  and  time  of  filing,  890. 
number  of  coal  entries  by  one  entryman,  889. 

placer  claims  locatable  in  calendar  month,  875. 
occupation  and  purchase  of  nonmineral  lands  by  Cordova  Bay,  etc.,  Co.,  898. 
oil  lands  entered  as  placer  claims  in,  1043. 

may  be  patented,  1043. 
owner  may  discharge  miner's  lien  as  against  contractor,  906. 
party  in  interest  may  maintain  action  to  determine  adverse  mining  claim,  909. 

recover  possession  of  mining  claim,  908. 
patent  for  coal  lands  to  recite  terms  and  conditions,  891. 
locations,  886. 
oil  claims,  1048. 

not  defeated  by  assignment,  1048. 
payment  of  miner's  lien  by  owner,  906. 

by  owner  of  building  to  contractor  will  not  defeat  miner's  lien,  906. 
penalty  for  removing  dump  after  notice  of  lien,  882. 

mineral  after  lien  notice  is  posted,  883. 
period  for  enforcing  miner's  lien,  905. 
persons  authorized  to  enter  oil  lands,  1043. 

in  possession  of  coal  mines  may  patent  lands,  890. 

mining  claims  may  perfect  title  ,887. 
opening  and  improving  coal  mines  may  locate  the  land,  885. 
power  of  attorney  to  authorize  mining  location  by  agent,  875. 
pipe  lines  in,  883. 

place  of  recording  instruments  affecting  miners'  claims,  884. 
placer  locations  locatable  each  month,  876. 

not  in  excess  of  40  acres,  875. 

in,  must  comply  with  statute,  875. 
violation  of  statute  are  void,  875. 

limited  to  area  fixed  by  law,  875. 
pleading  and  practice  in  actions  to  enforce  miner's  lien,  905. 

enforcing  miner's  liens,  881. 
possession  of  mining  claim  for  10  years,  908. 
possessory  title  of  mineral  claimants,  874. 
preference  of  miner's  lien,  880. 
price  per  acre  for  coal  lands,  886. 


INDEX. 


1487 


ALASKA— Continued. 

priority  of  minor's  lions  and  mortgages,  901. 

private  charters  to  mining  corporations  forbidden,  902. 

proceedings  to  enforce  minor's  lien,  881. 

for  location  of  coal  lands,  885. 
to  obtain  patent  for  coal  locations,  886. 
proclamation,  coal  lands  not  alTected  by  reservation,  911,913. 

does  not  alTect  CQal  lands  withdrawn,  911, 913. 
reservation  by,  911,913. 
proper  district  for  recording  instruments  relating  to  mines,  900. 
purchase  of  improved  land  not  to  include  coal  lands,  867. 

minerals  in,  867. 

qualifications  of  coal  locator  in,  890. 

quantity  of  coal  land  permitted  to  be  consolidated  in  single  location,  890. 
quieting  title  to  mining  claim  in,  831. 
railroad  act,  864. 

commission,  902. 
from  seaboards  to  coal  lands,  902. 
record  of  declaratory  statements,  900. 

notice  of  mining  location,  900. 
required  as  to  mining  locations,  899. 
recorder  must  record  affidavits  of  annual  labor  on  mining  claims,  884. 
declaratory  statements,  884. 
notice  of  mining  locations,  884. 
recording  of  notice  of  liens,  880. 
records  of  mining  district  made  public,  901.  * 
recovery  in  actions  to  foreclose  miner's  lien,  882. 

of  possession  of  mining  claim,  908. 
regulations  for  leasing  coal  lands  in,  897. 
remedies  administered  for  protection  of  miner's  liens,  882. 
for  enforcing  miner's  lien,  905. 
satisfying  miner's  liens,  882. 
requirement  as  to  marking  location  so  boundaries  traceable,  214. 
right  of  way  for  deposit  of  tailings,  903. 

dams,  dumping  places,  reservoirs,  water  plants,  ditches,  flumes,  pipes,  roads,  canals, 

and  tunnels,  862, 863, 902, 903, 1192. 
milling  purposes,  1193. 
mining  purposes,  1193. 
regulations  prescribed  by  Secretary  of  the  Interior,  1193. 
rights  and  remedies  of  owners  and  contractors  as  against  miner's  liens,  906. 
of  nonmineral  claimants  on  lands  classified  as  coal,  812. 
person  in  possession  of  coal  mine  to  enter  land,  889. 
roadways  on  water  fronts  over  mill  sites,  874. 

mineral  lands,  874. 
salaries  of  mine  inspectors  in,  922, 923, 929. 
salary  of  surveyor  general,  898. 
sale  of  improved  lands  not  to  include  minerals,  868. 
salt  springs  in  Alaska  subject  to  location  as  placer  claims,  1213. 
seat  of  government,  899. 
second  coal  entry  prohibited,  772. 

Secretary  to  prescribe  regulations  for  use  of  timber  and  stone  by  miners,  1352. 

shore  lands  subject  to  mining  locations,  874. 

single  coal  entry  only  permitted  on  unsurveyed  coal  lands,  889. 

statute  provides  for  acquiring  title  to  mining  claims,  873. 

statutory  provisions  for  acquiring  title  to  mining  claims,  873. 

sufficient  discovery  in  placer  location,  512. 

survey  of  coal  lands,  876, 893. 

mineral  lands,  911. 
survival  of  action  for  recovery  of  mining  claim,  909, 
tide  lands  not  open  to  mining  location,  874. 
timber  used  for  mining  purposes,  870. 

time  for  beginning  action  to  recover  mining  claims,  908.  • 
filing  coal  claims,  769. 

declaratory  statement,  769. 
location,  890. 
location  notice,  899. 
notice  of  mining  location,  900. 


1488 


INDEX. 


ALASKA— Continued. 

time  for  making  application  for  survey  of  coal  locations,  785. 
proof  in,  778. 

and  payment  for  coal  lands,  778. 
performance  of  annual  labor,  879. 
recording  notice  of  mining  location,  884. 
in  which  laborer  must  file  claim  for  lien,  905. 
of  beginning  action  to  recover  mining  claim,  908. 
title  to  coal  lands  located  in  good  faith  permitted,  890. 

not  obtained  by  homesteader,  869,  870. 
mineral  land  not  obtained  by  homesteader,  869,  870. 
minerals  not  acquired  by  towns  in,  1378. 
mining  claim  perfected,  887. 
town  lots  subject  to  mineral  rights,  1378. 
town  sites,  867. 
town-site  entries,  867. 

of  mineral  lands  in,  1379. 
on  mineral  lands  permitted,  1379. 
owner  must  adverse  mineral  applicant,  436. 
transfer  of  interest  in  mine  will  not  abate  action,  908. 
Union  Pioneer  Mining  &  Trading  Company  to  construct  bridge,  862. 
United  States  has  preference  right  to  product  of  mines,  890. 
use  of  stone  by  miners,  1352. 

timber  by  miners,  869,  1352,  1353. 
prospectors,  869. 
water-right  laws  extended  to,  871,  872. 

in  force  in,  618. 
willful  trespass  for  removing  minerals,  909. 

stone,  909. 
on  mineral  lands,  909. 
withdrawal  of  coal  lands,  878. 
ALASKA  RIGHT  OF  WAY  ACT. 

See  also  Appropriation  of  land.  Easements,  Rights  of  way. 
adverse  claims,  864. 

effect  on  authority  of  Land  Department,  862. 
for  refuse  from  mines,  903. 
highways  on  shore,  863. 
reservations  for  highways  on  shore,  863. 
ALBERTITE. 

See  also  Minerals. 

lands  containing  within  Indian  reservation  not  subject  to  location,  998. 
ALIEN. 

See  also  Associations,  Canada,  Corporations,  Citizenship,  Qualifications, 
abandonment  of  intention  to  become  a  citizen,  31. 
alienage,  31. 

not  determined  by  United  States  statutes,  29. 

pleaded  to  defeat  title,  440. 
as  grantee  of  patented  claim,  712. 
as  joint  locator,  30. 

not  ousted  by  joint  locators,  30. 

as  locator,  29. 

as  member  of  association  locator,  100. 
can  not  receive  title  from  Government  as  grantee,  29. 
citizenship  relates  back  to  date  of  location,  31. 
co-locators  do  not  acquire  interest  when  escheated,  30. 
declaration  of  intention  relates  to  date  of  location,  56. 

to  become  a  citizen,  3. 
discrimination  against  Chinamen,  31. 
effect  and  rights  as  locator,  101. 

of  transfer  of  mining  <;laim  to,  101. 

discharge  from  United  States  Army,  31. 
gevernment  only  can  object,  101. 
laws  of  State  govern  as  to,  675. 
location  and  transfer  of  mining  claim  by,  30. 

by  not  void  but  voidable,  31. 

of  mining  claims  in  Alaska  by,  910. 


INDEX. 


1489 


ALIEN— Continued. 

mining  location  hy,  not  subject  to  attack  by  individuals,  32. 

voided  by  the  Government  only,  31. 
naturalization  has  retroactive  effect,  101,  712. 
not  prevented  from  purchasing  or  owning  mining  claim,  29, 
objection  made  by  adverse  party,  29. 
patent  to  not  subject  to  attack,  29. 
protection  not  afforded  by  law  of  1872,  629. 
prevented  from  acquiring  title,  29. 

qualifications  determined  by  laws  of  State  where  mine  is,  29. 
qualifying  as  citizen,  31. 
.  races  discriminated  against  in  making  locations,  31. 
reciprocal  mining  rights  granted  Canadians  in  Alaska,  885, 
retroactive  effect  of  naturalization,  101,  712. 
right  of  assignee  of,  30. 
rights  not  protected,  629. 
right  to  acquire  mining  claims  in  Alaska,  910. 

hold  mining  claim  against  individual,  32. 
inherit  mining  claim  determined  by  State  law,  163. 
title  to  mining  claim  forfeited  by  Government,  645, 
transfer  by,  to  citizen,  30. 

of  interest  to  co-locator,  30. 
mining  claim  to,  645. 
validity  of  State  laws  as  to,  675. 
who  may  proceed  against  for  forfeiture,  645. 
question  qualifications,  101. 
ALKALINE  EARTH. 

not  included  in  salines,  1211. 
ALKALINE  SUBSTANCES. 

lands  valuable  for,  are  mineral,  8,  18,  20. 
ALUM. 

lands  valuable  for,  are  mineral.  8, 18. 
ALUMINUM. 

clay  containing,  as  mineral,  518. 

deposits  of,  does  not  make  land  mineral,  842. 

lands  containing,  as  mineral  lands,  689. 

not  a  mineral,  842. 
AMBER. 

lands  valuable  for,  are  mineral,  8,  18. 
AMENDED  LOCATION. 

See  also  Boundaries,  Lines,  Relocation,  Swinging  claims. 

amendment  not  permitted  to  secure  excessive  area,  536 
of  notice  or  certificate,  205. 

can  not  defeat  rights  of  purchaser,  189. 

effect  on  title,  182. 

locator  may  amend  without  forfeiture  of  rights,  182. 
.  name  of  original  locator  omitted,  182. 

new  and  inconsistent  rights  not  acquired  by,  182. 
not  abandonment  of  original,  259. 

permitted  after  transfer  of  title,  182. 
placer  locations,  536. 
relocation  not,  182. 

rights  depend  upon  ownership  of  original  location,  182. 
validity  of,  182. 
AMENDMENTS. 

Alabama  coal-land  act,  822. 
coal  sections  (2347-2352),  724. 
act  31  Stat.  658,  782. 
33  Stat.  525,  783. 
of  affidavits,  585. 
of  verification,  585. 
revised  mining  act  (17  Stat.  91),  722. 
section  2324,  281. 

section  2325,  affidavit  of  agent,  427. 

as  to  affidavit  of  citizenship,  428. 
construction  of,  427. 


1490 


INDEX. 


AMENDMENTS— Continued. 

section  2325,  effect  of  unauthorized  affidavit,  428. 
on  patent,  428. 

pending  applications,  427. 
limitations  on  patent,  428. 
nonresidence  of  claimant,  427. 
presence  of  claimant  within  land  district,  428. 
residence  of  claimant  within  land  district,  428. 
section  2326,  actions  to  establish  equitable  title  not  affected,  497. 
amendatory  act  not  retroactive,  503. 
amendment  1,  496. 
amendment  2,  502. 
amendment  3,  503. 
purpose  and  object  of,  497. 
section  2327,  as  part  of  mining  laws,  505. 

construed  to  harmonize  with  mining  laws,  505. 
second  patent  not  granted  without  notice,  505. 
special  minerals  excepted,  723. 
ANIMALS. 

miners  may  kill  in  Alaska,  898. 
ANNUAL  LABOR. 

See  also  Abandonment,  Coal  locations.  Expenditures,  Forfeiture,  Improvements  Mining  locations, 

Patent  proceedings.  Possessory  rights, 
abandonment  by  failure  to  perform,  260. 
advantages  to  all  parts  of  group,  247. 

affidavit  as  prima  facie  evidence  of  performance  in  Alaska,  879. 
to  assessment  work,  879. 

on  mining  claims  in  Alaska,  901. 
required  by  State  statute,  269. 
of  performance  insufficient,  253. 
amendment  of  statute  as  to,  283. 

amount  and  character  determined  by  surveyor  general,  337.  ♦ 
increased  by  miners'  rules,  194. 
of  expenditures  on  placer  claims  in  Alaska,  877. 

not  fixed  by  original  act,  653. 
required,  236,  697. 
application  for  patent  will  not  dispense  with,  250. 

of  amendatory  act  as  to  performance,  722. 
to  phosphate  deposits,  238. 
apportionment  to  placer  claims,  546. 
as  a  condition  to  possessory  title,  185. 
development  of  claim,  235. 

prospecting  and  excavating  for  purpose  of  development,  241. 
available  though  outside  of  claim,  346. 
beneficial  character  question  of  fact,  241. 
burden  of  proof  as  to  failure  to  perform,  253. 

on  failure  to  perform  and  relocation,  267. 
when  labor  performed  outside  of  claim,  252. 
made  on  one  of  group,  247. 
by  one  coowner  not  claimed  by  another,  278. 
calendar  year  for  performance,  284. 
certificate  as  to,  712. 
character  of  improvements,  240. 

when  performed  outside  of  boundaries,  241. 
work,  240. 

claim  patented  or  unpatented  immaterial,  236. 
claims  held  in  common,  247. 
coal  locations,  759. 

condition  as  to  continued  possession,  353. 

to  right  of  possession,  236. 
construction  of  drain  as,  248. 

mining  laws,  233. 
contiguous  claims,  247. 
different  from  that  required  for  patent,  236. 
discovery  shaft  as,  241. 

on  consolidated  claim,  188.  ' 


INDEX. 


1491 


ANNUAL  LABOR—Continuod. 

determination  aa  to  performance  is  committed  to  courts,  253. 
by  proof  of  circumstances,  238. 
of  question  as  to,  in  adverse  suit,  466. 
value,  2;i8. 

development  or  improvement  of  claim  essential,  241. 
work  as,  284. 

a  system,  245. 
for  group  of  claims,  245. 
insufTicient,  248. 
outside  of  claim,  243. 
drain  construction  as  annual  labor,  248. 
duty  of  tunnel  owner  as  to  performance,  170. 
efTect  of  adverse  possession  on  requirement,  552. 

failure  to  complete  within  the  year  in  Alaska,  879. 

to  perform,  234,  466. 
local  regulations,  239. 
resumption  of  work,  251. 
work  done  outside  the  claim,  698. 
enlisted  persons  exempted  from,  287,  288. 
estoppel  after  sale  and  transfer,  189. 
evidence  of  good  faith,  234. 

excused  on  claim  held  by  adverse  possession,  552. 
expenditure  for  drill  holes  as,  242. 
extension  of  time  for  making,  282,  698. 
failure  to  comply  with  miners'  rules,  195,  196. 

State  statute,  196. 
perform  and  effect,  177,  237,  267. 

arises  between  mineral  claimants  only,  253. 
as  basis  of  forfeiture  and  relocation,  257. 
as  groimd  of  forfeiture,  255. 
does  not  of  itself  work  a  forfeiture,  257. 
not  a  Federal  question,  281. 
not  asserted  by  homesteader,  253. 
subject  claim  to  relocation,  237,  257,  263. 
work,  250. 
record  affidavit,  269. 
filing  affidavit  as  to  performance  of,  in  Alaska,  879. 
flume  construction  as,  244. 
forfeiture  on  failure  to  perform,  255,  698. 

in  Alaska,  879. 

general  system,  281. 

good  faith  in  performance  of,  238. 

grantee  required  by  deed  to  perform  annual  labor,  240. 

ground  open  to  relocation  if  not  performed,  265. 

group  claims  developed  by  system,  245. 

improvements  and  meaning,  284,  285. 

for  developing  claim,  241. 

insufficient,  248. 

on  coal  lands,  761. 

outside  of  claim,  243. 
instances  of  insufficient,  248. 
insufficient  development  work,  248. 
improvements,  248. 
resumption  of,  252. 
jurisdiction  to  determine  performance,  253. 
kinds  of  improvements  outside  of  claim,  244. 

work  outside  of  claim,  244. 
labor  for  developing  claim,  241. 

Land  Department  can  not  determine  as  to  performance,  253. 
lode  claims,  284. 

meaning  of  resumption  of  work,  251. 
method  of  determining  character  as  to  group  claims,  241. 
value,  238. 

proving  performance,  252. 

performance,  241, 
mining  claims  in  Alaska,  879,  901. 


1492 


INDEX. 


ANNUAL  LABOR— Continued, 
minimum  amovmt  prescribed,  237. 
must  facilitate  extraction  of  minerals,  246,  247,  346. 
not  condition  to  obtain  patent,  236,  353. 
not  required  after  adverse  claim  is  filed,  249. 

because  of  delay  in  issuing  patent,  250. 
on  Sutro  Tunnel  location,  249. 
synonymous  with  improvements,  241. 
notice  of  intention  to  hold  claim,  286. 
no  work  after  application  and  entry,  249. 
oil  locations,  247. 

mining  claims,  1048. 
on  contiguous  claims,  247. 
group  claims,  177. 
lode  and  placer  claims,  285. 
placer  claims,  238,  284,  285,  522,  546,  708. 

in  Alaska,  87$. 
one  of  group  of  oil  claims  in  Alaska,  1048. 
performance,  177,  653,  722. 

after  application  for  patent,  334. 
cancellation  of  entry,  250. 
entry  and  payment  not  required,  395. 
avoids  abandonment,  723. 
as  matters  between  adverse  claimants  only,  347. 
by  coowner,  276. 
grantee,  240. 
one  coowner,  273. 
receiver  under  order  of  court,  239. 
stockholder  of  corporation,  239. 
trespasser  insufficient,  240. 
tunnel  owner,  170. 
condition  to  possession,  236. 
each  year,  236. 

excused  by  Sutro  Tunnel  Act,  629. 
necessary  to  prevent  forfeiture,  256. 
not  condition  to  patent,  236. 

permitted  after  adverse  suit,  466. 
of  applies  to  claim  located,  181. 

work,  253. 
on  claims  held  by  coowners,  273. 

lode  having  apex  outside  of  surface  lines,  240. 

one  of  several  claims,  235. 

placer  claims,  238. 

surface  or  below  surface,  240. 
outside  of  claim  if  tends  to  develop,  244. 
required,  234. 

within  statutory  time  necessary  to  prevent  relocation,  722. 
time  revives  claim  though  in  default,  250. 
personal  expenses  not,  242. 

persons  interested  can  not  work  forfeiture  by  nonperformance,  256. 
placer  claims,  284. 

location,  546. 
possession  for  statutory  period  dispenses  with,  552. 
proof  as  to,  in  adverse  suit,  466. 
insufficient,  252. 
of  performance,  252,  466. 

as  between  mineral  and  agricultural  claimants,  253. 
in  placer  patent  proceedings,  522. 
of  all  work  on  mining  claim,  252. 
under  adverse  possession,  552. 
Idaho  statute,  96. 
required  by  statute  of  Utah,  253. 
under  possessory  title  required,  548,  550. 
prospecting  or  developing  work  not,  242,  348. 
provisions  mandatory,  234. 
purpose  of  amendment  as  to,  284. 
requirement,  234. 


INDEX. 


ANNUAL  LABOR— Continued, 
quantity,  177. 

recording  notice  of,  in  Alaska,  884. 
record  of  affidavit  as  to,  in  Alaska,  899. 
relates  to  expenditures  before  patent  only,  249. 
relocation  on  failure  to  perform,  265. 
required  on  placer  claims,  707. 
requirement  as  to,  177. 

continues  until  payment  of  purchase  price,  250. 
resumption  of,  must  be  in  good  faith,  252. 
work,  251. 

a  question  of  fact,  252. 

must  be  commenced  before  a  relocation,  252. 
prevented  by  threat  of  violence,  252. 
services  of  watchman,  242. 
statute  as  to,  in  Alaska  repealed,  879. 

not  retroactive,  284. 
statutory  requirement  as  earnest  of  good  faith,  235. 
stranger  to  location  can  not  perform,  240. 
subsurface  performance,  240. 
suspension  of,  286,  287. 

and  notice  of  intention  to  hold  claim,  286. 
system  for  development  of  group  claims,  245. 

work,  245. 

threats  of  violence  insufficient  to  prevent  resumption,  252. 
time  extended,  722. 

for  beginning,  284. 

performing,  240,  281,  282,  284,  698. 

and  development  work,  283. 
extended,  281,  282,  284,  663,  699. 
on  placer  claims  in  Alaska,  877. 
traveling  expenses  as,  242. 
tunnel  claims  exempted  from,  1386. 

construction  as,  241,  248,  282,  283,  699. 

assessment  work,  283,  699. 
underground,  for  group  claims,  246. 
uniform  date  for  commencement  of  work,  284. 
validity  of  local  regulations,  239. 
value  determined  by  proof,  239. 
of,  236. 

improvements,  238. 

on  group  claims,  247. 
use  of  building  as,  238. 
work  on  group  claims,  245. 
watchman's  services,  242. 
who  may  complain  for  failure  to  perform,  267. 

perform  work,  239. 
work  done  in  interest  of  claim  sufficient,  239. 
outside  of  claim,  244. 
of  removing  old  building  as,  238. 
on  placer  to  discover  vein  as,  242. 
one  for  several  claims,  245. 
tunnel,  699. 
with  mining  dredge,  546. 
year  for  performance  begins  with  date  of  location,  240. 
ANTITRUST  ACT. 

See  Sherman  Antitrust  Act. 
APEX. 

See  also  Blanket  vein,  Mining  location,  Vein  or  lode, 
as  a  line  of  great  length,  54. 
as  highest  point  of  vein,  105. 
basis  for  measurement,  107. 
blanket  vein,  106. 

burden  of  proof  as  to  location  on,  following  vein,  154, 155. 
definition,  105, 138. 

discovery  of,  gives  entire  width  of  vein,  67. 


1494 


INDEX. 


APEX— Continued. 

grant  of,  gives  right  to  follow  vein,  103. 

right  is  in  derogation  of  common  law,  103. 
legal  apex  of  imit  vein,  705. 
length  of  apex  measures  rights,  106. 
locatable  with  surface  ground,  104. 
location  of,  governs  ownership  of  vein,  102. 

on,  105. 
mere  swell  is  not,  105. 

must  be  within  lines  of  surface  location,  108, 109. 

surface  lines  to  give  extralateral  rights,  13. 
not  a  scientific  expression,  105. 

necessarily  a  point,  54. 
ownership  of,  controls  ownership  of  vein,  106. 

vein  depends  on  surface  position,  137. 
part  of  vein  nearest  to  surface,  105. 
position  of,  determines  extralateral  rights,  136. 
question  of  fact,  105. 
right  to  possession,  102. 
rights  determined  by  length  of,  106. 
measured  by  length,  106. 
where  vein  is  in  two  locations,  106. 
single  vein  as  basis  of  location,  106. 
synonymous  with  outcrop,  105. 
APPEAL. 

See  also  Patent  proceedings.  Protest, 
action  on,  suspended,  389. 

applicant  may,  from  decision  holding  adverse  claim  sufficient,  718. 
coal  entryman  not  permitted  to,  if  it  extends  time,  778. 
from  holding  publication  insufficient,  389. 

register  to  land  office,  663. 
patent  proceedings,  389. 
practice,  389. 

protestant  as  relocator  may,  271. 

without  interest  has  no  right  of,  390. 
right  to  appeal,  390. 
protestant's  right  to,  389. 
right  of  protestant  to  appeal,  389. 

transmitted  from  surveyor  general  to  Land  Department,  389. 
APPLICATION  FOR  PATENT. 

See  Patent  proceedings. 
APPROPRIATION  OF  LAND. 

See  also  Eminent  domain,  Public  lands,  Rights  of  way. 
application  for  patent  as  an,  663. 

to  public  lands  and  waters,  610. 
for  use  of  water,  611. 
APPROPRIATION  OF  WATER. 
See  also  Water  rights, 
elements  in,  611. 
extent  of  right,  611. 
of  water  authorized,  657. 
presumption  as  to  right  of,  612. 
priority  as  to  use  of  water  determines  right  to,  658. 

of,  determines  water  rights,  658. 
right  of,  as  to  water  in  tunnels,  1386. 

to  take  water  from  natural  channels,  611. 
stuiace  water  for  mining  on  desert  lands,  947. 
water  for  mining  purposes,  610. 

rights  determined  by  priority,  658. 
what  constitutes,  612. 
APPROPRIATIONS. 

See  also  Bureau  of  Mines, 
analyzing  coals,  921 , 927. 

and  testing,  826. 
mineral  fuels,  921 , 927. 
Bureau  of  Mines,  921 , 922, 923, 927. 

books  and  publications, 924, 928, 929. 


INDEX. 


1495 


APPROPRIATIONS -Continued. 
Bureau  of  Mines,  five  arts  of,  921. 

investigations  in  belialf  of  private  persons  not  permitted, 923, 927. 
into  mining ,  922, 923, 927, 928. 

treatment  of  mineral  substances,  922, 923, 927, 928. 
treatment  of  ore,  922, 923, 927, 928. 
lease  of  land  for  mine-rescue  cars,  924, 928, 929. 
mine-rescue  cars,  924, 928, 929, 930. 
scientific  books, 924, 928, 929. 
sidings  for  mine-rescue  cars, 924, 928, 929. 
technical  books,  924, 928, 929. 
classification  of  mineral  lands  in  Idaho,  1156, 1157. 

Montana,  1156, 1157. 
Northern  Pacific  grant,  1156. 

inspecting  coal  lands,  1095. 

mineral  deposits,  1095. 
inveatigation  of  mining  d6bris  in  California,  933, 939. 
mine  inspection,  807, 811. 
removal  of  chemical  laboratories,  921. 
report  as  to  mineral  resources,  921, 1095. 

of  Alaska,  1095. 
salaries  of  mine  inspectors  in  Alaska,  922. 
AQUEDUCT. 

as  a  building  or  structure  subject  to  miner's  lien  in  Alaska,  907. 
miner's  lien  in  Alaska  extends  to,  907. 
AREA. 

See  also  Mining  locations,  Placer  locations,  Surface,  Survey, 
acquired  of  coal  lands,  738. 
coal  entry,  754. 
length  on  lode,  695. 
local  rules  as  to,  696. 
mining  claim,  695. 
placer  location,  95,  674. 
quantity  in  coal  entries,  754. 
width  of  claim,  696. 
ARIZONA. 

See  also  Railroad  grants,  Salines,  State  grants, 
application  of  enabling  act,  1300. 

mining  statutes  to,  1300. 

State  grant  act  to,  1300. 
construction  of  statute  as  to  ownership  of  intersecting  veins,  132. 
enabling  act,  1302. 
land  grant  to,  1298, 1300. 
lease  of  mineral  and  oil  lands  in,  1298. 
minerals  excepted  from  grant,  1298, 1302. 
oil  and  gas  excepted  from  grant,  1298. 
relocation  in  ignorance  of  statute,  265. 

residents  may  cut  timber  on  mining  land  for  certain  purposes,  1339. 
salines  excepted  from  grant  to,  1302. 
ARKANSAS. 

See  also  Railroad  grants,  State  grants 
grant  of  salines  to,  1253. 

salt  springs,  1253. 

limited  to  twelve,  1252. 
Hot  Springs  Reservation,  1159. 
lease  of  salt  springs,  1200. 

mineral  lands  excepted  from  railroad  grant,  1140. 

railroad  grant  to,  1140. 

right  of  way  for  pipe  lines,  1073. 

sale  of  salt  springs,  1204. 

salt  springs  excluded  where  private  rights  are  vested,  1252. 
ARMY. 

United  States  has  right  to  purchase  coal  in  Alaska  for  use,  891. 
ASPHALTUM. 

See  also  Discovery,  Minerals,  Mining  locations, 
appraisement  in  Indian  lands,  1013. 

of  improvements  on  asphalt  lands,  1036. 
leased  lands  for  mining  purposes,  1032. 


1496 


INDEX. 


AS  PHALTUM— Continued, 
area  of  location,  998. 

completion  of  appraisement  of  lands,  1036. 
excepted  from  Indian  land  leases,  1003. 

railroad  grant,  1135. 
as  a  mineral,  518. 
as  part  of  Indian  lands,  1014. 
included  in  mining  statutes  as  mineral,  80. 
Indian  lands  valuable  for,  1013. 
lands  containing  as  mineral  lands,  689. 

excepted  from  Indian  allotment,  1003. 

reserved,  998. 

contained  within  Indian  reservation  not  subject  to  location,  998. 
reserved  from  sale  while  imder  lease,  1023. 

to  Cherokee  Tribe,  1008. 
valuable  for,  are  mineral,  8, 18. 
lease  by  Indian  Nation  for  mining,  991. 

of  Indian  lands  for,  1004, 1018. 
location  as  lode  claim,  1046. 

oil  claim,  1046. 
placer  claim,  532. 
method  for  entry  of  veins  of,  in  rock  in  place,  1046. 
mining  for  on  town  sites,  1023. 
phosphate,  532. 
placer  locations,  532. 
reservation  and  location,  1051, 1052. 
reserved  from  Indian  allotments,  1004,  1013. 
sale  of,  in  Indian  lands,  1015. 

Indian  lands  by  Commissioner,  1014. 
surface  of  Indian  asphalt  lands,  1032. 
segregation  and  appraisement  of  surface,  1036. 
survey  of  surface  of  mineral  lands  in  town  sites,  1028. 
ASSIGNORS  AND  ASSIGNEES. 
See  also  Conveyance,  Purchase,  Sale, 
assignees  may  acquire  title  to  coal  lands  in  Alaska,  890. 
of  alien  locator,  30. 
coal  entry,  737. 

may  file  declaratory  statement,  780. 
good-faith  coal  locators  in  Alaska  may  perfect  entry,  890. 
stone  entryman  not  a  bona  fide  purchaser,  1322. 
assignment  of  coal  entry,  777,  780. 
assignor  can  not  relinquish  right  after  transfer,  329. 
cash  coal  entry  by  assignee  not  permitted,  735. 
effect  of  assignment  of  coal  entry,  777. 
grant  to,  112. 

exclusive  right  to  mining  claim  passes  to  assignee,  126. 
extralateral  rights  same  as  locator,  160. 
patent  issued  to  applicant  for  benefit  of  assignee,  329. 
proof  by  assignee  of  discovery,  79. 

resumption  of  work  by  assignee  to  prevent  forfeiture,  251. 
rights  of  assignee  after  transfer,  737. 

in  mining  claims,  126. 

of  coal  entry,  780. 

on  assignment  of  coal  entry,  777. 

protected  by  adverse  possession,  550. 

to  benefit  of  adverse  possession,  550. 

to  make  cash  entry,  737. 
coal  entry,  732. 

to  patent  after  assignment,  329. 
single  entry  of  joint  claim,  533. 
who  is,  1220. 
ASSOCIATION. 

See  also  Citizenship,  Coal  locations.  Corporation,  Placer  locations,  Qualifications, 
acquiring  title  to  coal  locations  in  Alaska,  890. 
affidavit  of  agent  as  to  citizenship  of  members,  100. 
alien  member,  100. 


INDEX. 


1497 


ASSOCIATION— Continued. 

area  of  coal  lands  enterable,  730. 

unsiirveyed  coal  land  acciuirod  in  Alaska,  889. 
citizenship  and  proof,  100. 
coal  entries  by,  776. 

corporation  as,  73(). 
effect  of  fraud  of  one  associate  on  location,  527. 
entry  by  one  for  l)enefit  of  another,  736. 

of  coal  lands  on  proof  of  expenditures,  761, 

legal  subdivision  containing  improvement,  761. 
disqualification  of  one  prevents  coal  entry  by,  727. 
disqualified  to  make  coal  entry,  776. 
doctrine  of  relation  will  not  validate  after  transfer,  535. 
imperfect  placer  location  not  completed  by  one  associate,  529. 
Improvements  on  coal  lands,  761. 
legal  right  to  enter  coal  land,  757. 
limited  to  single  statutory  location,  63. 
limitation  as  to  quantity  of  coal  lands  enterable,  739. 
location  by  and  dimension,  647. 

of  placer  claim  by,  527, 
members  can  not  make  individual  coal  entries,  776. 

must  be  qualified  to  make  coal  entry,  736. 
one  discovery  sufficient  for  entire  claim,  1047. 
placer  location  by,  537. 

noncontiguous  not  permitted,  527. 
possession  of  association  claim,  528. 
proof  of  citizenship  of  members,  100, 

expenditures  on  coal  lands,  753. 
qualifications  of  members  for  coal  entry,  761. 
purpose  of  permitting  location  by,  528, 
qualifications  for  coal  entries,  736,  776. 

in  making  coal  entry,  776. 
of  members,  100, 736. 
quantity  locatable  by,  537, 

of  coal  lands  enterable  by,  738,  740,  754. 
second  coal  entry  not  permitted  if  members  disqualified,  772. 
single  coal  entry  only  permitted,  772. 
transfer  to  one  associate  before  discovery,  535. 
ATLANTIC  AND  PACIFIC  RAILROAD  COMPANY. 
See  also  Railroad  lands, 
grant  to  railroad,  1132. 
ATTORNEYS'  FEES. 

recoverable  in  actions  to  enforce  miuer's  liens  in  Alaska,  882. 
recovery  on  enforcing  miner's  liens,  880, 
ATTORNEY  GENERAL. 

approval  of  leases  to  Bureau  of  Mines  essential,  829. 
AURIFEROUS  CEMENT. 

lands  containing,  as  mineral  lands,  689. 

valuable  for,  are  mineral,  8, 18. 
locatable  as  mineral,  674. 

B. 

BACA  GRANT, 

authority  of  Land  Department  as  to,  1077. 
burden  of  proof  to  show  nonmineral  character,  1077. 
date  of  selection  as  time  for  making,  1077. 
indemnity  selections,  1076. 

must  be  made  within  statutory  period,  1076. 
mineral  lands  as  ascertained  by  Surveyor  General  excluded,  1077. 
not  granted, 1076. 

selectable  as  lieu  land,  1076. 
reserved  from,  1076. 
nonmineral  lands  only  as  indemnity  selection,  1076. 
not  affected  by  subsequent  discovery  of  minerals,  1076,  1077. 
power  of  Land  Department  to  cancel  selection,  1077. 
presumption  as  to  character  of  land  on  location,  1077. 
private-land  claims,  1076. 

56974°— Bull.  94,  pt  2—15  43 


1498 


INDEX. 


BACA  GRANT— Continued. 

surveyor  general  to  determine  character  of  land,  1077. 
title  to  mineral  lands  can  not  vest  under,  1077, 
BANKRUPTCY. 

acts  of  bankruptcy  by  mining  corporation,  914. 
admissions  of  inability  to  pay  by  corporation,  915. 
application  of  act  to  mining  corporations,  914,  915, 
distinction  between  mining  and  quarrying,  915. 
meaning  of  "mining "  as  used  in  bankruptcy  act,  915. 
mining  above  or  below  ground,  915. 

corporation  buying  and  selling  ore  is  not  trading,  914, 915. 
not  engaged  in  trading,  914,  915. 
quarrj'ing  is  mining  within  bankruptcy  act,  915. 

corporations  are  engaged  in  mining,  914. 

BEDROCK. 

criminal  liability  for  robbing  or  destroying,  in  Alaska,  909. 
BENEFICIARY. 

citizenship  and  proof,  100. 
BERING  SEA. 

shore  lands  of,  subject  to  mining  locations,  874. 
BIRDS. 

miners  may  kiU,  in  Alaska,  898. 
BLACK  HILLS  RESERVATION. 

boundaries  changed,  958. 

ceded  to  United  States,  957. 

disposal  of  land  under  other  than  mining  laws,  628. 

effect  of  withdrawal  from  Indian  reservation,  957. 

land  district,  628. 

mineral  claimants  protected,  957, 

mining  locations  on,  1187. 

forest  reservation,  1187. 

reservation,  955. 

rights  of  mineral  claimants,  957. 

withdrawals,  956. 

of  Indian  lands,  956,  957,  958. 
mineral  lands,  957. 

BLACK  IRON. 

as  mineral,  80. 
BLANKET  VEIN. 

acquisition  of,  57. 

apex  of,  106. 

as  covering  surface  location,  106. 

calcium  phosphate,  40. 

effect  where  location  covers  part  only,  106. 

horizontal  at  surface,  141. 

no  extralateral  rights  on,  141, 

ownership  determined  by  priority  of  discovery,  129. 
rock  phosphate  as,  40, 
title  to,  acquired  under  statute,  57, 
BLIND  VEINS. 

ownership  in  tunnel,  167, 

prospecting  for,  prohibited  on  line  of  tunnel,  169,  175. 
tunnel  owner  estopped  to  claim,  172, 
owner's  right  to  ore  in,  167. 
BOARD  OF  EQUITABLE  ADJUDICATION. 

adjustment  of  mineral  claims  on  substantial  compliance  with  statute,  854. 
application  for  lode  claim  and  mill  site  confirmed  by,  855. 

mill  site  confirmed,  855, 
correcting  mistakes  in  description,  322, 

determination  where  improvements  are  on  conflict  groimd,  348. 
error  in  survey  cured  by  reference  to,  343. 
practice  as  to  suspended  entries,  854. 
reference  to,  854. 

because  of  defective  notice,  368,  369, 

before  entry,  394, 
submission  of  application  for  patent,  308. 
when  entry  not  referred  to,  394. 

referred  to,  394. 


INDEX. 


1499 


BOARD  OF  ROAD  COMMISSIONERS. 

duty  to  locate  and  construct  wagon  roads  to  mining  camps,  861. 
BOG  IRON. 

not  mineral,  2(). 
BORAX. 

lands  containing,  as  mineral  lands,  689. 
valuable  for,  are  mineral,  8, 18. 

locatable  as  mineral,  674. 
BOUNDARY  LINES. 

See  Lines. 
BOUNDARIES. 

See  also  Description,  End  lines.  Lines,  Marking  on  ground.  Mining  locations,  Side  lines.  Surface  lines, 
Survey. 

accuracy  required  in  marking,  180. 
change  of,  224. 

destruction  of,  and  effect,  225. 
determined  by  lines  on  surface,  224. 

surface  location,  109. 
controlled  by  monuments,  504,  505. 
dispute  as  to  a  question  of  fact,  326. 
established  by  monuments,  504. 

patent,  415. 
limits  of  mining  claim  defined  by,  60. 
marking  provisions  mandatory,  215. 
marking  on  ground,  213. 

to  be  readily  traceable,  181. 
placer  locations,  543. 
placer  location  not  required,  513. 
mining  claims  on  unsurveyed  lands,  504,  505. 
necessity  of  definite  determination,  109. 
no  marking  in  placer  location,  513. 
not  required  to  be  marked,  218. 
subject  to  readjustment,  110. 

according  to  subterranean  developments,  224. 
placer  location  on  surveyed  lands,  543. 
plat  should  show,  340. 

readjustment  according  to  subterranean  developments  not  permitted,  110. 
reasonable  time  for  marking,  181. 
showing  in  patent  proceedings,  289. 
surface,  696. 
traceable,  213. 

from  location,  694. 
markings,  177. 
BOUNTY  LAND  GRANTS. 

lead  mines  and  salt  springs  exempted,  1199. 
BRICK  CLAY, 
not  mineral,  20. 

subject  to  entry  as  placer  claim,  520. 
BUILDING  SAND. 

as  mineral,  518. 
BUILDING  STONE. 

See  also  Stone,  Stone  lands. 

lands  containing,  locatable  as  placer  claim,  1161. 

in  abandoned  reservations  subject  to  placer  location,  1330. 
valuable  for,  1314. 

are  mineral,  8, 18, 19. 

enterable  as  placer  mining  claims,  1330. 

under  placer  mining  laws,  1328. 
not  excepted  from  Utah  grant,  1295. 
excluded  from  school  land,  1329. 
withdrawn  from  entry  imder  existing  law,  1329. 
locatable  as  placer  claims,  518. 
not  classed  as  mineral,  20. 

excepted  from  school  grants,  1332. 
subject  to  entry  imder  timber  and  stone  act,  1314. 


1500 


INDEX. 


BUILDING  STONE  ACT. 

See  also  Minerals,  Stone,  Stone  lands,  Timber  and  stone. 

application  to  deposits  of  stone  of  peculiar  value,  1329. 

construction  and  application  of,  1329. 

differs  from  general  mining  laws  in  two  particulars,  1329. 

refers  to  stone  valuable  for  structural  work,  1329. 

repeals  timber  cutting  sections  of,  1329. 

right  to  explore  and  remove  stone  under,  1330. 
BUREAU  OF  MINES. 

See  also  Appropriations,  Leases. 

agreement  with  city  of  Pittsburgh  to  supply  water,  926. 
amended  organic  act,  917. 

appropriations  as  to  investigations  as  to  equipment  adopted  to  prevent  accidents,  923,  927,  928. 

improvements  of  mining  operations,  923,  927,  928. 

methods  of  mining,  923,  927,  928. 

mine  explosions,  923,  928. 

safety  of  miners,  923,  927,  928. 

use  of  electricity,  923,  927. 

use  of  explosives,  923,  927,  928. 

for  deficiency,  924. 

inspection  of  mines  in  Alaska,  922,  923,  929. 
mine  inspectors  in  Alaska,  922,  923,  927. 
publishing  reports,  923. 
testing  coals,  923,  927. 

mineral  fuels,  923,  927. 
various  acts  of,  921,  922,  923,  927. 
assistants  and  clerks,  916,  917. 
books  and  publications,  924,  928,  929. 
buildings  for,  925. 

contributions  for  Pittsburgh  station,  927. 
construction  of  fireproof  laboratories,  921,  925. 
compensation  for  injured  employees,  918. 
creation  of,  916,  917. 
director  of,  appointment  of,  916,  917. 

qualifications  of,  916,  917. 

salary  of,  916,  917. 
duties  of,  916,  917. 

duty  to  disseminate  information  concerning  mineral  subjects,  917. 

inquire  into  economic  conditions  affecting  mining  industries,  917. 
investigate  explosions,  917. 

mineral  fuels  for  the  Government,  917. 
peat,  917. 
prevent  mine  fires,  918. 
promote  mine-rescue  work,  918. 

publish  reports  under  direction  of  Secretary  of  Interior,  916,  917. 
employees  authorized,  916,  917. 
expenditure  of  appropriations,  916. 
Evans's  account,  924. 
expert  employees  authorized,  916,  917. 
fee  permitted  for  testing  coals,  918. 
fireproof  laboratories  at  Pittsburgh,  927. 
injured  employees'  compensation,  920. 
inquiries  pertinent  to  mining  industry,  916,  917. 
investigation  as  to  appliances,  916,  917. 

improvement  as  to  conditions  of  mining  operations,  916,  917. 

methods  of  mining,  916,  917. 

prevention  of  accidents,  916,  917. 

safety  of  miners,  916,  917. 

treatment  of  mineral  substances,  916,  917. 

ores,  916,  917. 
use  of  electricity,  916,  917. 
explosives,  916,  917. 
investigations  in  behalf  of  private  persons  not  permitted,  923. 
into  mining,  922,  923,  927,  928. 

treatment  of  mineral  substances,  922,  923,  927,  928. 
ores,  922,  923,  927,  928. 

laboratories  for,  921, 925. 


INDEX. 


BTTREAIT  OF  MINES— Continued. 

lands  for  iiso  of  mhio-rcsouo  stiilion,  922. 

transferred  to  by  Secretary  of  War,  920. 
lease  for  mine-rescue  cars,  922,  924,  928. 

work,  922, 

to  must  bo  approved  by  Attorney  (Jeneral,  829. 
mine-rescue  cars,  924,  928. 
name,  916,  917. 
office  supplies,  916,  917. 
organic  act,  916,  917. 

personal  and  private  interests  prohibited,  918. 

Pittsburgh  station,  924. 

private  employment  not  permitted,  918. 

province  of,  916,  917. 

public  buildings  of,  920. 

removing  chemical  laboratory,  921. 

rent  of  building,  921. 

office,  926. 
safety  of  miners,  916,  917. 
scientific  books,  924,  928,  929. 

inquiries,  916,  917. 
sidings  for  mine-rescue  cars,  929. 
transfer  to  of  analyzing  and  testing  coal,  916,  917. 

mineral  fuel  substances,  916,  917. 
investigations  as  to  causes  of  mine  explosions,  916. 

of  structural  materials,  916,  917. 
technologic  investigations  as  to  mining  industries,  916,  917. 

concerning  mining,  916,  917. 
technical  books,  924,  928,  929. 
temporary  employment  authorized,  918. 

treatment  of  mineral  substances  for  economic  development,  917. 

preventing  waste  in  mining,  917. 
to  improve  health  conditions,  916,  917. 
increase  safety,  917. 

BURKE  CASE. 

grant  to  Southern  Pacific  Railroad  Co.,  1137. 
BURDEN  OF  PROOF. 

after  mineral  character  determined  by  Land  Office,  317. 

agricultural  and  mineral  contestants,  33. 

claimant  after  land  excluded  from  grant,  317. 

annual  labor  performed  outside  of  location,  252. 

applicants  for  patent,  305. 

as  between  town  site  and  mineral  claimant,  1381. 
to  abandonment,  316,  317. 
annual  labor  in  Alaska,  878. 

on  one  of  group  claims,  247. 
character  of  agricultural  lands,  1389. 

lands  designated  as  agricultural,  627. 
coal  declaratory  statement,  764. 
cutting  timber  on  mining  location,  1327. 
forfeiture,  316. 

mineral  character  after  agricultural  adjudication,  1389. 
of  land,  1077. 

of  lands  by  town  site  claimant,  1380. 
land  in  railroad  grant,  1104. 
school  grant,  317. 
State  selections,  1290. 
character  of  stone  land,  1315. 
ore  bodies  within  limits  of  another  location,  131. 
phosphate  deposits,  1221. 
right  to  cut  timber,  1343. 
coal  claimant,  747. 

conflicting  extralateral  rights,  154,  155. 
contest  between  entrymen,  845. 

coal  and  agricultural  claimants,  846. 

contestants,  7. 

effect  of  certificate  of  location  on  agricultural  lands,  319. 


1502 


INDEX. 


BURDEN  OF  PROOF— Continued. 

establishing  noncoal  character  of  lands  withdrawn,  818. 
failuie  to  file  affidavit  as  to  assessment  woTk  in  Alaska,  878. 

perform  assessment  work,  253. 
in  action  on  adverse  claim,  479. 
adverse  proceedings,  479. 

contests  between  mineral  and  agricultural  claimants,  845. 
is  on  mineral  claimant,  33. 
lands  selected  by  railroads,  1104. 
lessened  by  provision  for  possession,  547. 
mining  location  within  limits  of  railroad  grant,  1118. 
neither  party  has  in  adverse  suit,  499. 
nonmineral  character  of  mill  site,  607. 
not  on  homestead  claimants,  314. 
on  erroneous  allowance  of  mineral  application,  314. 

mineral  claimant,  531. 

as  to  lands  returned  as  agricultural,  852. 
protestant  under  stone  act,  1313. 

owner  of  vein  following  it  into  adjoining  ground,  131. 

person  attacking  a  mining  location,  1196. 

protestant  to  show  annual  work  performed,  355. 

coal  applicant's  noncompliance,  780. 

relocation  for  failure  to  perform  assessment  work,  267. 

right  to  sustain  adverse  claim,  483. 
protestant  must  overcome  prima  facie  case,  389. 
shifting  from  agricultural  to  mineral  applicant,  795. 

to  mineral  claimant,  317. 
shifts  between  mineral  and  agricultural  claimant,  34. 
to  show  town  site  entry  illegal,  1380. 

C. 

CALCIUM  PHOSPHATE. 

See  also  Phosphate. 

blanket  vein  located  as  lode  claim,  40. 

lands  valuable  for  are  mineral,  18. 

vein  of  not  locatable  as  placer  claim,  521. 
CALENDAR  YEAR. 

entry  completed  within,  335. 

patent  proceedings  completed  within,  335. 
CALIFORNIA. 

absence  of  minerals  from  Mexican  grants,  1092. 

act  to  quiet  land  titles  in,  1091. 

settle  private  land  claims,  1075. 

agent  may  make  mining  locations  in,  700. 

classification  of  oil  lands,  1285. 

coal  lands  excepted  from  grant  to,  788. 

not  excepted  from  railroad  grant,  1141. 
•  reserved  from  State  grant,  1261. 

commission  to  investigate  mining  debris  deposits,  933,  934. 

construction  of  statute  as  to  ownership  of  intersecting  veins,  132. 

disposal  of  mineral  lands,  1086. 

enabling  act,  1085. 

grant  of  school  sections  took  effect  at  time  of  survey,  1260. 
iron  lands  not  excepted  from  railroad  grant,  1141. 
lands  reserved  for  public  uses  from  State  grants,  1257. 
mineral  claimant  acquires  no  rights  in  school  lands,  656. 
mineral  lands  in,  1094. 

excepted  from  college  grant,  1276,  1278. 
excluded  from  Mexican  grants,  1092. 
in,  reserved  from  railroad  grant,  1129. 
minerals  excepted  from  public-building  lands,  1261. 

grant  for  seminary  purposes,  1261. 
railroad  grant,  1141. 
school  grant,  1260. 
reserved  from  grant  to,  1257,  1259. 
mining  debris  in,  933,  934. 

location  excluded  from  survey  act,  1260. 


INDEX. 


CALIFORNIA— Continued, 
oil  lands  classified,  12Sr). 
patent  for  mineral  lands,  1001. 

to  New  Idria  Company  for  mineral  lands,  1094. 
period  of  statute  limitations  in,  M9. 
practice  in  actions  on  a<l verse  claims,  4(11. 
preemption  right  to  unsurveyed  mineral  lands,  1088. 
private  land  claims,  1074. 
railroad  grant,  1140. 
right  to  select  classified  oil  lands,  1285. 
school  indemnity  selections  in,  838. 
sale  of  lands  excepting  mineral,  1278. 

selections  and  sale  of  school  sections  valid  though  mineral,  1091. 
of  lands  in  lieu  of  school  section,  1091. 

not  mineral,  857. 
by,  confirmed,  857. 
of  mineral  lands,  857. 
settlement  on  mineral  lands  in,  1086. 
title  to  mineral  lands  in,  1090. 

under  State  grant,  1263. 
oil  lands  after  classification,  1285. 
CALIFORNIA  DEBRIS  COMMISSION, 
appointment,  934. 
authorized  to  impound  debris,  935. 
authority  to  adopt  rules,  934. 
compensation,  934. 

conditions  on  which  hydraulic  mining  permitted,  942. 

d^ris  fund,  938. 

duties  of,  941, 

jurisdiction  of,  934. 

limiting  hydraulic  mining,  934. 

permission  granted  to  mine  owner,  937. 

permitting  hydraulic  mining,  942. 

procedure  relating  to  hydraulic  mining,  935,  936. 

prohibiting  hydraulic  mining,  941. 

purpose  of  act,  940. 

supervision  and  inspection,  935. 
CALIFORNIA  DEBRIS  COMMISSION  ACT. 

amendment,  944. 
CALIFORNIA  SURVEY  ACT. 

construction  and  application,  1259. 
CANADA. 

citizens  of  granted  reciprocal  rights  in  Alaska,  885. 
CANALS. 

See  also  Ditches,  Easements,  Flumes,  Rights  of  way.  Water  rights. 

application  of  mining  statutes  to,  622. 

corporation  authorized  to  construct  in  Alaska,  883. 

methods  of  acquiring,  1228. 

mineral  lands  excepted  from  grant  for,  1275. 

right  of  way  for,  1190,  1228. 

in  Alaska,  902,  903,  1192. 
mining  purposes,  1192,  1193. 
on  public  lands,  1189. 
use  of  by  settlers,  1228. 

for  water  for  mining  protected,  676. 
width  of  for  mining  corporations,  1190. 
CANCELLATION. 

See  also  Entry,  Patent  proceedings.  Repayment, 
coal  entries,  754. 

entries  canceled  for  fraud,  735. 
land  patent,  751. 
Commissioner  of  Land  Office  has  no  power  to  cancel,  400. 
effect  on  other  application,  400. 

entry  not  canceled  for  defective  affidavit  of  posting,  399. 

of  stone  lands,  1322. 
entryman  entitled  to  notice  of  determination  to  cancel,  399. 
for  fraud,  424. 


1504 


INDEX. 


CANCELLATION— Continued, 
fraudulent  coal  entries,  735. 
homestead  patents,  1228. 
Indian  lease  by  Government,  1003. 
mineral  entry,  797. 

and  repayment,  1233. 
of  entry  for  stone  lands,  1322. 

mineral  entry  subjects  land  to  relocation,  59. 

patent,  422. 

settlers'  entries,  1219. 

stone  entry  is  an  adjudication  of  fact,  1323. 

patent  for  coal  land,  750. 

stone  lands,  1322. 

person  obtaining,  entitled  to  preference  right,  846. 

preference  right  to  persons  procuring,  1218. 

price  not  repaid  on,  of  fraudulent  coal  entries,  735. 

public  offering  of  mineral  lands  after,  797. 

recovery  of  money  on,  1322. 

cancellation  of  entry  for  stone  lands,  1322. 

repayment  on,  of  coal  entry,  754. 

void  patent  for  coal  lands,  750. 

unlawful  coal  entries,  754. 
CARBONATE  OF  LEAD. 

as  mineral,  80. 
CARBONATE  OF  SODA. 

lands  containing,  as  mineral  lands,  689. 
valuable  for  are  mineral,  18. 
CARBONATES. 

not  included  in  salines,  1211. 
CAREY  ACT. 

desert  land  act,  948. 
CEMENT. 

locatable  as  mineral,  674. 
CEMETERY. 

lands  occupied  by,  not  vacant,  1174. 

taken  for,  in  mining  district  in  Alaska,  869. 

Central  City  subject  to  mining  claims,  1306. 
CENSUS. 

mineral  schedules,  931. 

statistics,  1094. 

quarry  owners  to  report,  931. 
CENTRAL  CITY. 

cemetery  grant  to,  subject  to  mining  claims,  1306. 

minerals  excepted  from  cemetery  grant,  1300. 
CENTRAL  PACIFIC  RAILROAD  COMPANY. 

can  not  make  valid  grants  of  land  known  to  be  mineral,  1107. 

coal  and  iron  included  in  grant  to,  1101. 

construction  and  effect  of  grant,  1100. 

effect  of  excepting  clause  in  patents  to,  1106. 

extent  and  meaning  of  exception  as  applied  to  mineral  land,  1103. 

grant  not  affected  by  subsequent  discovery  of  mineral,  1100. 

mineral  lands  excepted  from  grant  to,  1100,  1102,  1130. 

prima  facie  evidence  of  character  of  land,  1103. 

title  not  affected  by  subsequent  discovery  of  mineral,  1106. 
CERTIFICATE. 

conclusive  effect,  397. 

deputy  surveyor's  as  to  mineral  character  of  land,  851. 

effect  of  surveyor's,  853. 

freedom  from  collateral  attack,  397. 

incorporation  as  proof,  99. 

of  deposit  for  survey,  851. 

location  admissible  in  evidence  in  Alaska,  874. 
receiver's,  as  equivalent  of  patent,  397. 
register's,  to  copy  of  judgment,  429. 
surveyor  general's,  as  to  labor,  289. 

with  copy  of  judgment,  429. 


INDEX. 


1505 


CERTIFICATE  OF  LOCATION. 

Soo  also  Notice. 

as  a  stop  in  making  lo(>ation,  210. 

evidonco  of  mini>ral  characliT  of  land,  319. 
moans  of  idontifyinp;  lo<>ation,  209,  210. 
munimont  of  titlo,  197. 
notice  of  oxistonre  of  mining  location,  210. 
contents  and  suflicioncy,  200,  207,  208,  210. 
discovery  may  follow  filing  of,  72. 
effect  of  failure  to  record,  210. 

recording,  209,  701. 
locator  estopped  to  deny  validity  of  location,  210, 
monuments  designated  with  reference  to  discovery  .shaft,  200. 

referred  to,  200. 
purpose,  208. 
record  of,  as  notice,  197. 
reference  to  mountain  peaks,  201. 

permanent  monuments,  200. 
sufRciency,  200. 
CERTIFICATE  OF  PURCHASE, 
applicant  for  patent  entitled  to,  332. 
as  evidence  of  right  to  patent,  332. 
issuance  by  register,  332. 
CHEROKEE  NATION. 

authority  to  lease  salines  and  salt  deposits,  1213. 
CHINAMEN. 

discrimination  against,  in  making  mining  location,  31. 
CHLORIDE  OF  SODIUM. 

lands  valuable  for,  in  connection  with  gypsum  excluded  from  State  grant,  1298. 
CHLORIDES. 

not  included  in  salines,  1211. 
CINNABAR. 

as  mineral,  35,  80. 

embraced  in  definition  of  vein  or  lode,  38. 

statutes  defining  metals,  38. 
found  in  fissures,  38. 
location  of,  as  vein  or  lode,  38. 
not  found  in  lode,  80. 
subject  to  location,  35. 

veins  not  determined  by  scientific  definition,  38. 
CITIZEN. 

See  also  Citizenship,  Locator,  Qualifications, 
authorized  to  locate  minerals  on  public  lands,  9. 
mining  rights  accorded  Canadian  citizens  in  Alaska,  885. 
CITIZENSHIP. 

See  Citizen,  Locator,  Qualifications. 

aflRdavit  as  substitute  for  record  of  naturalization,  99. 

based  upon  information  and  belief,  99,  100. 

making  proof  of,  502. 

of  corroborated,  99. 

raises  presumption  of,  99. 
alien  as  member  of  association  locator,  100. 
locator,  101. 

qualifying  as  citizen,  31. 
alienage  not  presumed,  712. 
applicant  for  placer  patent,  523. 
association  as  a  locator,  100. 
basis  of  afiidavit,  99. 
burden  of  proof,  100. 

Canadian  citizens  accorded  mining  rights  in  Alaska,  885. 
change  of  evidence  as  to,  100. 
citizens  protected  as  coal  miners,  790. 
corporation,  99,  101. 

as  a  citizen,  27. 
established  by  oath  of  applicant,  99. 
exploring  for  minerals,  9. 
foreign  corporation  645. 


1506 


INDEX. 


CI  TI Z  E  N  Sn  I P— ContlLued. 

Government  alone  may  question,  645. 

heirs  of  locator  not  required  to  prove,  28. 

includes  persons  declaring  their  intention  to  become  such,  26. 

individual  locator,  99. 

jurisdiction  of  Land  Department  to  determine,  100. 
members  of  association  locator,  100. 
method  of  proving,  99. 

naturalization  of  alien  after  application  cures  infirmity,  478. 
objections  to,  100. 

of  beneficiary  where  trustee  is  entryman,  100. 
persons  authorized  to  explore  for  mineral  deposits,  26. 
power  of  court  to  determine  in  Alaska,  91t). 
presumption  as  to,  28. 
prima  facie  proof  of,  99. 
proof  by  affidavit,  428. 

of  applicant,  99. 
in  adverse  proceedings,  477. 

action  to  recover  mining  claims,  703. 
case  of  adverse  possession,  548. 
proceedings,  502. 
suit  on  adverse  claim,  28. 
of,  28,  99,  428,  711. 

as  to  members  of  association,  100. 

corporation,  645. 
naturalization,  100. 
want  of  necessary,  712. 
under  amendment  to  section  2326,  502. 
qualifications  for  entry  of  coal  lands,  727. 

of  members  of  association  to  enter  coal  land,  727. 
purchaser  of  mining  property,  31. 
statute  requiring,  712. 
sufliciency  of  proof,  99. 
unincorporated  association,  100. 
CLAIM. 

See  also  Mining  locations, 
meaning  of,  as  applied  to  coal  lands,  765. 
CLAIMANT. 

means  locator,  535. 
CLANDESTINE. 

See  Mining  locations.  Trespass. 
CLASSIFICATION. 

act  for  completion  of,  1158. 
appropriation  for,  in  Idaho,  1156,  1157. 

Montana,  1156, 1157. 

approval  of,  1156. 

binding  force,  1156. 

by  field  notes  of  survey,  1181. 

coal  lands,  815. 

classified  by  survey,  1180. 
method  of,  818. 
withdrawn  for,  818. 
under  railroad  grants,  1126. 
withdrawn  for,  819. 

from  private  entrj',  1392. 
Commissioners  to  classify  Northern  Pacific  lands,  1152. 
commission  to  make,  1148. 
completion  of,  as  to  railroad  grant,  1158. 
conclusiveness  as  to  mineral  character  of  land,  1154. 
disposal  after,  822. 
effect  as  to  mineral  character,  1154. 

price  of  coal  lands,  820. 
of,  as  to  coal  lands,  815. 
on  coal  lands,  820. 

right  of  railroad,  1152. 
prior  selections,  821. 
protest  against,  1155. 


INDEX. 


CLASSIFICATION-ConI  inued. 

effect  on  ininorul  cliamcUM-,  if  unauthorized,  lir)2. 

Northern  racifui grant,  lUA. 
entries  not  suspended  on,  1155. 
even-numbered  sections  not  authorized,  1152. 
evidences  of  mineral  diaracter,  820. 
hearing  not  ordered  on  protest  after,  1155. 

to  disprove  as  to  coal,  822. 
Indian  coal  lands,  1081. 
lands,  822. 

as  mineral,  1029, 1032, 
indemnity  selections,  1155. 
iron  lands  under  railroad  grants,  1126. 

Land  Department  may  determine  mineral  character  after,  1152. 

protect  Government's  interests  after,  1155. 
lands  classified  as  mineral,  1153. 

granted  to  Northern  Pacific  Railroad  Company,  1148. 
in  reservation,  1181. 
returned  as  mineral  not  a,  1230. 
withdrawn  from  private  entry,  1392. 
lieu  lands  before  selection,  1182. 
limit  on  indemnity  selections,  1155. 
location  of  coal  lands  withdrawn,  1238. 
matters  considered  by  commissioner,  1153. 
methods  for  determining  mineral  character,  1153. 
mineral  lands,  as  to  acquisition,  94. 

in  Alabama,  1095. 
Idaho,  1148. 
Indian  reservation,  978. 
Montana,  1148. 
railroad  grant,  1151. 
under  railroad  grants,  1126. 
mining  locations  not  suspended  on,  1155. 
no  binding  force  until  approved  by  Secretary  of  Interior,  1156. 
nonmtneral  lands  classified  by  siu-veyor's  return,  W80. 
official  return  of  mineral  lands  not  a,  1230. 
oil  lands,  right  of  state  to  select,  after,  1285. 

withdrawn  from  private  entry,  1392. 
phosphate  lands  withdrawn  from  private  entry,  1392. 
practice  on  protest  against,  1155. 

prima  facie  evidence  of  mineral  character  of  railroad  land,  1155. 
proof  of  fraud  by  protestant,  1155. 
protest  against,  1155. 

and  practice  after,  1155. 
provisions  for,  of  mineral  lands,  291. 
publication  of  notice  at  expense  of  protestant,  1155. 
purpose  of  adjusting  Northern  Pacific  grant,  1154. 

to  aid  Secretary  in  determining  railroad  lands,  1153. 
railroad  can  not  select  classified  lands,  1154. 

lands  within  certain  limits,  1152. 

within  Idaho  and  Montana,  1152. 
retiu-n  as  mineral  prior  to  public  survey  not,  1230. 
right  to  limited  patent,  821. 

Secretary  authorized  to  make,  of  mineral  lands,  1095. 
selection  of  classified  lands  canceled,  1154. 

lands  classified  as  mineral,  1183. 
subsequent  hearing  to  disprove,  821. 
time  extended  for,  in  Idaho,  1157. 

Northern  Pacific  grant,  1157. 
tribunal  for  determining  character  of  land,  1148. 
unauthorized,  of  lands  not  within  limits  of  Northern  Pacific,  1152. 
what  constitutes,  820. 

of  coal  lands,  820. 
withdrawal  for,  as  to  coal  lands,  815. 
CLASSIFICATION  ACT. 

adjustment  of  Northern  Pacific  land  grant,  1152. 
effect  on  mining  locations,  1155. 


1508 


INDEX. 


CLASSIFICATION  COMMISSIONERS. 

appointment  to  determine  mineral  character  of  railroad  lands,  1153. 
CLAYS. 

lands  valuable  for,  are  mineral,  18. 

locatable  as  placer  claim,  519. 
COAL. 

See  also  Agricultuial  lands,  Alaska,  Appropriations,  Coal  deposits.  Coal  lands,  Indian  lands.  Iron, 

Lease,  Minerals, 
analyzing  and  testing,  826. 
appraisement  in  Indian  lands,  1013. 
appropriations  for  analyzing,  826. 

testing,  826,  827. 
as  part  of  Indian  lands,  1014. 

mineral,  793,  1115,  1167,  1191. 

valuable  mineral  deposits,  6D0. 
combination  by  coal  companies,  1236.  ^ 
depots  for  storing,  for  use  of  Navy,  825. 
effect  of  classification,  820. 
excepted  from  lease  in  Colorado,  1096. 

operation  of  mining  statutes,  723. 
railroad  gi'ant,  1107. 
excluded  from  railroad  grant  of  right  of  way,  1191. 
exports,  825. 

fuel  materials  for  Government,  827. 
grant  of,  in  place  or  of  right  to  mine,  413. 
included  in  railroad  grant,  1101. 

within  the  term  "mine,"  787. 
Indian  lands  valuable  for,  1013. 
individual  ownership  of  Indian  allottee,  1026. 
lands  containing,  as  mineral  lands,  690. 

subject  to  sale  in  Michigan,  Minnesota,  and  Wisconsin,  1093. 
reserved  to  Cherokee  Tribe,  1008. 
lease  by  Indian  Nation  for  mining,  991. 

of  Indian  lands  for,  1004, 1018. 
mining  on  town  sites,  1023. 
naval  service,  825. 
no  bar  to  entry  of  stone  lands,  1314. 
not  excepted  from  raib-oad  grant,  1109,  1132, 1134. 
included  as  mineral  in  railroad  grant,  1149. 
recognized  as  mineral  by  mining  statutes,  639. 
mineral  in  railroad  grant,  1180. 
refusal  to  sell,  1236. 
reservation  of,  820. 

from  agricultural  patent,  823. 
reserved  from  allotments  of  Indian  lands,  1004. 
Indian  allotments,  1013. 
Indian  lands,  1025. 

lands  entered  under  nonmineral  land  laws,  812. 
municipal  grants,  1306. 
noncoal  purchases,  823. 
park  grants,  1307. 
reservation,  958. 
to  Osage  Indians,  1026. 
United  States,  821. 
right  of  way  over  Indian  lands  for  mining,  1191. 
rights  acquired  imder  Indian  lease  protected,  1010. 

of  same  as  those  of  mineral  claimant,  689, 690. 
royalty  on  Indian  leases,  1004, 1007. 
sale  of,  in  Alaska,  866. 

Indian  lands,  1015. 
Indian  lands  by  commissioners,  1014. 
subsequent  discovery  of,  will  not  affect  homestead  entry,  844. 
survey  of  surface  of  mineral  lands  in  town  sites,  1028. 
testing  acts,  826,  827. 

for  Navy,  825. 
transportation  act,  825. 

United  States  has  preference  right  to  purchase,  in  Alaska,  891. 


INDEX. 


1509 


COAL  CLAIMANTS. 

rights  determiiiod  by  priority  of  possession  luui  improvemonts,  779. 
COAL  J)EroSlTS. 

agreement  to  consolidate  claims  in  Alaska  illegal,  892. 

Alaska,  891. 

consolidation  of  claims  in  Alaska,  892. 
development  in  Alaska,  891. 
disposal  in  Indian  lands,  1030. 
leasing  in  Alaska,  893. 
ownership,  74G. 

proof  suflicient  to  exclude,  from  railroad  grant,  1102. 
reservation,  812. 

from  surface  patent,  812. 

of,  to  the  United  States,  819. 
treated  as  mineral,  787. 
COAL  ENTRY. 

See  also  Agricultural  entry,  Cancellation,  Coal  lands,  Mineral  entry.  Patent  proceedings, 
acreage  permitted,  772. 

adverse  claim  prevents  proof  and  payment  after  statutory  period,  778. 
alienation  not  prohibited,  785. 

appeal  not  permitted  if  time  is  thereby  extended,  778. 

application  of  statutes,  724. 

assignee  may  file  declaratory  statement,  780. 

by  one  person  for  benefit  of  another,  735. 

burden  of  proof  as  to  character  of  land,  814. 

cancellation  of,  as  to  noncoal  legal  subdivisions,  845. 

mineral,  797. 

unlawful,  754. 
cash  not  permitted,  732. 
coal  lands,  728,  752. 

in  Alabama,  798. 
combinations  to  make,  733. 
computation  of  time  for  proof  and  entry,  777. 
conditions  for,  752. 

consolidated  claims  may  pass  to  patent,  892. 
conspiracy  to  make,  733. 
corporation  may  purchase  after,  737. 

not  disqualified  after  sale  by  individual  members,  776. 
correcting  mistake  in,  849. 
determination  as  to  mineral  character,  814. 
disqualification  of  association  and  members,  776. 
disqualified  person  can  not  make  by  agent,  774. 

second  entry,  775. 

effect  of  transfer  of  rights,  777. 
entry  when  lands  unsurveyed,  790. 
excuse  for  second  filing,  754. 
for  benefit  of  corporation,  736. 
forfeiture,  770. 
fraudulent,  and  effect,  733. 

if  made  by  agents  for  a  corporation,  774. 
iron  lands  in  Alabama,  798. 

lands  valuable  for  precious  metals  not  subject  to,  782. 
made  imder  agreement,  732. 

may  embrace  improvements  and  mining  premises,  756,  790. 
members  of  association  disqualified,  776. 

corporation  disqualified,  776. 
money  furnished  by  one  person  for  several  entries,  775. 
noncoal,  813. 

entryman  protected,  813. 
not  authorized  on  unsurveyed  lands,  767. 

permitted  in  absence  of  discovery,  769. 
notice  not  required  if  fraudulent,  1227. 

officers  and  stockholders  can  not  make,  for  a  corporation,  774. 
on  school  sections,  725. 

unsurveyed  public  lands,  784. 
owner  of  other  lands  not  disqualified,  776. 
preference  right  of,  730. 


1510 


INDEX. 


COAL  ENTRY— Continued. 

proceedings  to  set  aside,  for  fraud,  1227. 

public  offering  after  cancellation,  797. 

qualification  of  association,  727,  776. 

qualifications  of  entryman,  753. 

quantity  of  land  in,  754. 

regulations  as  to,  after  expiration  of  year,  777. 

repayment  not  ordered  when  canceled  for  fraud,  848. 

restricted  patent  to  coal  land,  813. 

right  of  assignee  to  make,  732. 

to  patent  after  two  years  not  applicable,  1227. 
rights  of  assignee  after  transfer,  737. 

assignor  after  transfer,  737. 
second  entry  permissible,  770. 

prohibited,  772,  773. 
single  entry  only  permitted,  753,  772. 
town-lot  owners  subject  to,  790. 
transfer  after,  737. 

under  defective  declaratory  statement,  767. 

soldiers'  additional  homestead  law,  737. 
unlawful,  754. 

validity  of,  by  one  for  benefit  of  others,  735. 

verification  of  application  can  not  be  delegated,  780. 
COAL  EXPORTS. 

joint  resolution  as  to,  825. 
COAL  LANDS. 

See  also  Agricultural  lands,  Alaska,  Coal,  Coal  deposits,  Indian  lands,  Iron  lands,  Lease,  Mineral  lands. 

Railroad  grants,  Reservations,  Withdrawals, 
acquired  pursuant  to  statute  only,  773. 
acquiring  a  preference  right  of  entry,  731. 
acquisition  of  prohibited  quantity  a  fraud,  738. 

unlimited  area  prevented,  738. 
under  preemption  laws  prohibited,  747. 
acreage  leased  in  Alaska,  894. 
acts  of  agent  inure  to  principal,  756. 
additional  tract  added  to  original  filing,  753. 
agent  can  not  enter  for  disqualified  person,  772. 

not  permitted  to  make  second  entry,  774. 
agreement  to  pay  advances  in  case  of  sale  not  illegal,  760. 

out  of  proceeds  not  invalid,  753. 
agricultural  claims  to  lands  withdrawn  as,  819. 

declaratory  statement  canceled,  841. 
entries,  816,  823. 

before  withdrawal  subject  to  limited  patent,  823. 

Alabama,  792,  822. 

act  amenaed,  822. 
Alaska's  unsurveyed,  governed  by  coal  laws,  726. 
amendment  extending  act  to  Alabama,  822. 

of  Alabama  act,  822. 
area  acquired,  738. 

enterable  by  association,  727. 

corporation,  727,  739. 
limited  as  to  consolidated  claims  in  Alaska,  892. 
restricted,  738. 

are  mineral  but  not  subject  to  entry  under  mining  laws,  19. 
applicant  entitled  to  benefit  of  act,  813. 
for  patent,  813. 

must  make  oath  as  to  qualification,  780. 

not  permitted  to  employ  dummies  to  acquire  excessive  amount,  733 

prejudiced  by  delay,  336. 
rights  to  patent,  785. 
application  for  lands  classified  under  withdrawal  orders,  819. 
purchase,  824. 
must  conform  to  regulations,  781. 
of  act  of  March  3,  1865,  789,  793. 
to  oil  lands,  815. 
proceeds  of  sales  of,  in  Indian  reservation,  990. 


INDEX. 


1511 


COAL  LANDS— Continued. 

application  of  sottlcrs  rolicf  act  to,  1217,  1227. 
statute  to,  822. 
to  ontor  after  withdraw..!  and  before  (classification,  819. 
have  ofTerod  at  public  sale,  K24. 
purchase  and  right  of  entry,  7;}0. 

olTect  of  adverse  claim,  7Hrt. 
without  filing  a  declaratory  statement,  731. 
when  land  not  subject  to  sale,  731. 
appraisement  of,  1028,  1030,  1031,  1032,  1035. 

improvements  on,  1030. 
leased  lands  for  mining  purposes,  1032. 
appropriation  for  inspecting,  1095. 

coal  fields  in  Alaska,  1095. 
survey  in  Alaska,  1094. 
approval  of  list  before  patent  to  State,  950. 
ascertained  coal  deposits  as  known  mines,  746. 
as  mineral  lands,  742,  787,  1202,  1262. 

within  forest  reservation,  1167. 
unless  excluded,  1183. 
mines  excluded  from  sale,  1202. 
assignee  of  entryman  entitled  to  purchase,  732. 

right  to  purchase  though  entry  defective,  732. 
assignment  by  entryman,  737. 

of  interest  by  entryman,  777. 
leases  for,  1020. 
preference  right  of  entry,  760. 
right  to  purchase,  780. 
authority  of  Land  Department  to  dispose  of,  after  classification,  822. 
belief  of  purchaser  as  to  coal,  742. 
bona  fide  settler  on,  may  have  limited  patent,  812. 
burden  of  establishing  noncoal  character,  818. 

proof  as  to  absence  of  adverse  claim,  764. 

in  contest  with  agricultural  claimant,  846. 
on  coal  claimant,  747. 

hearing  by  nonmineral  claimant,  814. 
protestant,  780. 
cancellation  of  patent  for,  750. 
carrier's  rights  as  to,  in  Alaska,  893. 
cash  entry  in  Alaska,  785. 

not  permitted  in  absence  of  application,  732. 

incapacity  of  assignee,  735. 
on  unsurveyed  land,  785. 
until  end  of  adverse  proceedings,  732. 
ceded  by  Indians  to  Government,  961. 
certificate  of  deposit,  853, 

not  received  for,  853. 
character  of  determinable  until  approval  of  patent  list,  950. 
circumstances  and  proof  insufficient  to  show,  744, 

considered  in  determining,  744, 
claimant  must  assert  possessory  right  in  good  faith,  778. 

file  declaratory  statement  within  60  days,  767. 
personally  verify  declarations  and  applications,  728. 
show  good  faith  by  developing  coal  mines,  756. 
claimant's  right  to  possession,  766, 
claims  must  be  presented  within  60  days,  765. 

presented  within  60  days,  766, 
classification,  740, 815, 820. 

and  reservation  of  in  Alaska,  871, 
sale  within  railroad  grant,  1118. 
withdrawal  prevent  entry,  1232. 
as  mineral,  1126. 

prima  facie  evidence  of,  814. 
purpose  of  statute,  813. 
will  not  defeatlieu  selections,  1175. 
by  surveyor  general,  1180. 
disposal  after,  822. 


1512 


INDEX. 


COAL  LANDS— Continued. 

classification,  effect  as  to  price,  820. 

on  prior  selections,  820. 
evidence  of  mineral  character,  820. 
of  Indian  lands  as,  822, 1034. 
in  Indian  reservation,  984. 
right  to  limited  patent,  820. 
subsequent  hearing  to  disapprove,  821. 
what  constitutes,  820. 
classified  as  mineral,  740. 
coal  character  of  land,  1238. 
deposits  reserved,  812. 

from  surface  patent,  813. 
discovered  after  sale,  747. 
entries  may  be  sold  and  transferred,  760. 
mine  open  and  improved  gives  preference  rights,  730.  . 
miner  on  public  lands  may  purchase,  790. 
miner's  right  to  title,  790. 
reserved,  824. 

on  sale  of,  823. 
combination  to  acquire  excessive  acreage,  773. 
purchase,  733. 

in  Alaska  unlawful,  891. 
commencement  of  time  for  filing  declaratory  statement,  768. 

presentation  of  claim,  765. 
commissioner's  rules  and  regulations  as  to  sale,  781. 
completed  railroad  as  affecting  price,  749. 
completion  of  appraisement,  1036. 
conclusiveness  of  determination  of  character,  743. 

finding  of  Land  Department  in  cancellation  proceedings,  751. 
conditions  for  location  in  Alaska,  885. 
conspiracy  formed  in  separate  States  to  acquire,  734. 
to  acquire  by  fraudulent  means,  733. 
to  enter,  775. 

not  defeated  because  ineffectual,  734. 
for  a  corporation,  775. 
purchase  in  Alaska  unlawful,  891. 
upon  acts  made  criminal  after  enactment  of  statute,  733. 
construction  of  act  of  July  1, 1864,  786. 

March  3,  1883  ,  793. 
proviso  of  act  of  March  3, 1883,  794. 
contents  of  notice  of  location  in  Alaska,  886. 
contest  with  agricultural  applicant,  747. 
conviction  of  conspirators  in  separate  States,  734. 

residing  in  different  States,  734. 
entryman  without  proving  dummy  entryman  coal  conspirators,  734. 
corporations  leasing  in  Alaska,  893. 
correcting  mistake  in  entry,  849. 
cutting  timber  on,  1341. 

declaratory  statement  gives  exclusive  privilege  to  purchase,  731. 

necessary  to  extend  time,  766. 

protects  preference  right,  778. 
delay  as  affecting  price  of,  750. 
Department's  power  to  dispose  of,  780. 
deposit  for  cost  of  survey,  852. 

determination  as  to  character  at  time  of  final  entry,  1226. 

coal  or  noncoal  character,  814. 
known  salines  or  mines,  835. 
of  character,  743. 
character  of  land  burden  of  proof,  814. 
mineral  character,  743. 
development  and  improvements  as  evidence  of  good  faith,  756. 

on  each  40-acre  tract  unnecessary,  746. 
discovery  and  improvement  of  coal  mined  essential  to  entry,  753. 
disposal,  725, 786, 788. 

after  classification,  822. 

entry  withdrawals,  1392 . 


INDEX. 


COAL  LANDS— Continued. 

disposal,  as  aKi  iciilt  iinU  lands,  787,795. 

in  abandoned  reservations,  1178. 

in  Montana,  1179. 

Alabama,  792. 
Alaska,  871,897. 

inider  coal  land  laws,  812. 
land  reported  as  containing  coal,  798. 
of  coal  and  agricultural  lands,  787. 
provided  by  statutes,  821. 
surface  with  reservation  of  coal  in  Alaska,  871. 
where  ceded  by  Indians  amendment,  980. 
with  reservation  of  coal  in  Alaska,  871. 
prevented  under  homestead  act,  793. 
under  coal-land  laws,  741. 

special  statutes,  19,  655. 
term  of  "mineral  lands  and  resources,"  725. 
when  containing  known  mines,  788. 
disqualified  person  can  not  make  second  entry  by  agent,  772. 
distance  from  railroad,  748. 

distinction  between  actual  entry  and  preference  right,  757. 

entry  for  self  and  for  another,  740. 
known  mines  and  coal  fields,  787. 
dominion  of  purchaser  after  purchase  complete,  732. 
easements  reserved  in  Alaska,  896. 
effect  of  act  of  March  3,  1883,  793. 

benefit  of  one  declaratory  statement,  754. 

classification  as,  814. 

contract  to  sell  and  pay  advances,  760. 

declaratory  statement  on  lieu  selections,  1183. 

delay  on  price,  750. 

discovery  after  preemption  entry,  1088. 
failure  to  commence  improvements  during  suspension,  990. 
note  on  survey  and  plat,  835. 
offer  at  public  sale,  1227. 
filing  of  segregation  plat,  770. 
pooling  scheme  between  entrymen,  733. 
regulations  as  to  filing  and  entry,  781. 
return  of  sui'veyor  general,  747. 
statutory  provision  as  to  payment,  785. 
subsequent  discovery,  747. 
imlawful  entry  of  Indian  land,  989. 
withdrawal,  818, 1227. 

before  filing  application,  819. 
for  classification,  815. 
on  right  to  surface  patent,  819. 
soldiers'  claims,  815. 
rights,  820. 

on  school  grant,  1290. 
State  grant,  1290. 
entry,  771,  779. 

affidavit  of  protest,  747. 

after  cession  from  Indians,  974. 

statutory  period  in  absence  of  adverse  claim,  777. 
allowed  only  after  survey,  768. 
and  development  encouraged,  742. 
purchase  at  private  sale,  793. 
sale,  655. 

survey  of  unsurveyed  lands,  852. 
by  agent  permitted  if  not  excessive,  735. 
corporation,  774, 

as  an  association  of  persons,  727. 
not  affected  by  disqualification  of  stockholders,  775. 
legal  subdivisions  in  Alaska,  888. 
member  of  association  prevents  further  entry,  753. 
one  for  another  not  prohibited,  739. 

benefit  of  disqualified  person  prohibited,  739. 
56974°— Bull.  94,  pt  2—15  44 


1514 


INDEX. 


COAL  LANDS— Continued. 

entry,  classed  as  preemptive,  731. 

for  corporation  not  permitted,  736. 
forfeited  on  failure  to  file  notice,  770. 
for  use  and  benefit  of  entryman,  735. 
in  Alaska,  774,  778. 

Alabama  of  land  reported  as  containing  coal,  799. 
limited  to  subdivisions  with  improvement,  761. 
must  be  in  good  faith,  733,  735. 

not  be  for  benefit  of  another,  733. 
not  affected  by  subsequent  changes  in  conditions,  748. 
permitted  for  benefit  of  another,  735. 

in  absence  of  discovery,  769. 
of  additional  tract  permitted,  753. 

in  Alaska  not  affected  by  reservations,  911,  913. 

forest  reservations,  1167. 
land  withdrawn  luider  railroad  grant  not  permitted,  741. 
on  behalf  of  corporations,  736. 

in  Indian  reservation  protected,  989. 
surveyed  lands  only  in  Alaska,  774. 
unsurveyed  lands  imauthorized,  767. 
only  after  public  offering,  798. 
procured  by  fraud  set  aside,  733. 
rejected  if  land  is  covered  by  homestead  entry,  767. 
set  aside  for  fraud,  no  notice  required,  1227. 
subject  to  sale  and  purchase,  736. 
suspended  pending  public  offering,  797. 
through  dummies  not  permitted,  733. 
to  person  under  contract  to  convey  is  void,  732. 
under  agreement  to  consolidate  invalid,  736. 

homestead  and  desert  land  laws,  819. 
upon  to  prospect  for  coal  with  consent  of  surface  owner,  812. 
within  10-mile  strip  of  Ute  Indian  Reservation  protected,  989. 
without  declaratory  statement,  761. 
entryman  may  contract  to  pay  advances  from  sales  of  coal,  753. 

not  agent  of  nonexistent  corporation,  776. 
entryman's  right  to  sell  coal  mined,  746. 
evidence  of  mineral  character,  820, 

sufficient  to  justify  classification,  820. 
excepted  from  grant  to  California,  788. 

Colorado,  1281. 
settlers  in  Oregon,  1087. 
school  grant,  741. 

in  South  Dakota,  1290. 
exception  in  Michigan,  Minnesota,  and  Wisconsin,  689. 
excessive  quantity  not  permitted,  735. 
excuse  for  failure  to  file  declaratory  statement,  768. 
excluded  from  effect  of  mining  statutes.  1098. 

homestead  entry  until  public  offer,  797. 
preemption,  787,  788. 
raihoad  grant,  791, 1126. 
right  of  way  in  Alaska,  862,  863. 
system  applicable  to  agricultural  lands,  793. 
timber  and  stone  act,  1315. 
townsite  entry,  1382. 
expenditures  as  basis  as  right  to  enter,  757. 

condition  precedent  to  entry,  759. 
prerequisite  to  enter,  752. 
failure  to  file  declaratory  statement,  990. 
filing  holds  land  for  twelve  months,  777. 

prevented  because  receiver's  office  closed,  768. 
first  act  for  disposal  of,  787. 

offered  at  public  sale,  793,  794. 
forfeiture  on  failure  to  file  declaratory  statement,  778. 

and  make  payment,  764. 
make  proof  and  payment,  777. 
pay,  770. 


INDEX. 


1515 


COAL  LANDS— Continued. 

form  and  oxtont.  of  roal  locations  in  Alaska,  885. 
forty  acres  as  (lio  smallest  Ic^al  subdivision,  730. 
fraud  in  obtaining  right  to  purchase,  733. 
fraudulent  entry  by  a  corporation,  733. 

with  knowledge  of  I>and  Office,  733. 
good  faith  as  to  oiwning  and  improving  coal  mine,  758. 
entryman  not  a  trespasser,  742. 
homesteaders  entitled  to  restricted  patent,  813. 
in  opening  and  improving  coal  mines  required,  759. 
locations  prior  to  classification  protected,  821. 
of  applicant,  813. 

entryman  against  charge  of  trespass,  757. 
homestead  applicant  determined  by  Land  Department,  813. 
purchaser,  742. 
rival  claimants,  757. 
settlers  on,  within  railroad  grant  protected,  1122. 
where  lands  are  near  a  city,  743. 
Government's  attitude  in  disposal  of,  726. 
hearing  on  application,  813. 

to  determine  character,  821,  1282. 

on  withdrawal,  741. 
good  faith  of  homestead  applicant,  813. 
right  to  unlimited  patent,  821. 
disprove  classification,  821. 
homestead  application  after  classification,  822. 

showing,  822. 
sufficiency,  822. 
entry  before  notice  of  withdrawal,  819. 
not  permitted,  841. 
perfected  prior  to  coal  statutes,  800. 
entryman  chargeable  with  knowledge  of,  814. 
not  permitted,  741. 
patent,  822. 

not  canceled  if  issued  before  withdrawal,  822. 
settlements  on,  1227. 
Improvements  as  condition  precedent  to  filing  declaration,  761. 
by  association,  753. 

inure  to  adverse  claimant  on  relinquishment,  761. 

insufficient,  761 . 

may  be  on  nonmineral  land,  753. 

on  Indian  lands  not  subject  to  attachment,  965. 

several  association  tracts  not  required,  753. 
sufficient  to  operate  as  notice  of  intention  to  purchase,  753. 
in  Alaska  not  obtained  by  homestead,  869,  870. 

purchaseable  as  improved  lands,  868. 
subject  to  purchase  as  improved,  867. 
inchoate  rights  acquired  by  purchase,  780. 
included  in  school  lands  in  Wyoming,  1278. 

sections  of  Wyoming  grant,  1278. 
term  "mineral  land,"  1202. 
incorporators  holding  voidable  patent  not  innocent  purchasers  of,  728. 

must  show  qualifications  to  authorize  entry  by  corporation,  727. 
indemnity  lands  granted  to  Alabama,  788. 
Indian  lands  as,  989. 

withdrawn  as,  822. 
in  forest  reservations,  1167. 

Indian  reservation  open  to  entry,  999. 
iimocent  stockholders  of  corporation  making  fraudulent  entry,  733. 
inspecting,  1095. 

insufficient  proof  to  show  coal,  744. 

intention  not  to  be  defeated  by  narrow  construction,  727. 
jurisdiction  of  Land  Department  over,  751. 
knowledge  of  homestead  entryman  as  to  coal  deposits,  814. 
known  coal  lands,  740. 
mines,  746. 

on,  in  Alabama,  835. 


1516 


INDEX. 


COAL  LANDS— Continued. 

L?nd  Department,  authority  to  dispose  of,  in  Wyoming,  726. 

may  withdraw  from  nonmineral  entry,  820. 
lands  open  to  entry  under,  not  selectable  as  railroad  indemnity,  961. 
reported  as  valuable  for  coal,  798. 
returned  as,  not  offered  at  public  sale,  1227. 
valuable  as,  742. 

withdrawal  as  not  subject  to  homestead  entry,  741. 
not  disposed  of  as,  1390. 

subject  to  disposal  under  coal-land  laws,  1390. 

laws  extended  to,  782. 

lease  by  Choctaw  Nation,  991. 

of  adjoining  lands  in  Alaska,  894. 
leasing  act,  892. 

by  Chickasaw  Nation  to  white  persons,  1008. 
legal  rights  of  association  to  enter,  757. 
lieu  lands  selected  by  State,  824. 
limited  license  to  mine  coal  in  Alaska,  895. 
patent  for,  817,  819. 

entries  made  before  withdrawal,  823. 
selections  made  before  withdrawal,  823. 
State  selections,  818. 
with  reservation  of  coal,  814. 
locatable  in  Alaska,  885. 
location  in  Philippines,  1063. 
of,  in  Alaska,  890. 
on,  after  cession  by  Indians,  961. 
before  sm-vey,  747. 
must  be  filed  for  record,  885. 
withdrawn  for  classification,  1238. 
meaning  of  completed  railroad  as  affecting  price,  749. 
preference  right  as  applied  to,  755. 
term  "claim,"  765. 
"entry,"  765. 
"location,"  765. 
"mines,"  787. 
"purchase,"  765. 
"valuable  for  coal,"  742. 
members  of  unlawful  combination  not  protected,  734. 
methods  of  purchasing  in  Michigan,  1093. 

Minnesota,  1093. 
Wisconsin,  1093. 
mine  improvements  on  Indian  lands  not  attachable,  965. 
mineral  and  agricultural  applicants,  747. 

character  determined  from  production,  745. 
of  land,  753. 

claimant  favored  as  against  timber  applicant,  747. 
discovered  after  sale,  747. 
entry  on  lands  ceded  by  Indians,  979. 
lands  not  subject  to  sale  as,  782. 
minimum  price,  748. 

mining  location  on  lands  ceded  by  Indians,  979. 
money  paid  may  be  refunded  on  making  lease,  894. 
monopoly  of,  not  permitted  in  Alaska,  888. 
prevented,  738,  775. 

in  Alaska,  892. 
nature  of  preference  right  of  entry,  765. 
nearest  railroad  inaccessible,  749. 
no  limitation  on  disposal  after  purchase,  733. 

repayment  for  fraudulent  entries,  754. 
noncoal  entry  on  lands  withdrawn  as,  818. 

purchaser  of  surface,  823. 
nonmineral  entry  before  withdrawal,  820. 

entryman  protected,  813,  820. 
not  acquired  by  homestead  entryman  because  of  ignorance,  814. 
in  violation  of  statute,  772. 
under  preemption  or  homestead  laws,  840. 


INDEX. 


1517 


COAL  LANDS— Continued. 

not  allecled  by  loscM  vution  proclamation  in  Alaska,  911,913. 
allotted  to  Indians  on  survey,  9MH. 
excepted  from  grant  to  California  for  railroads,  1141. 

Central  Pacific,  1129. 
Iron  Mountain  Railroad  Co.,  1128. 
Oregon  Central,  IHl. 
Texas  Pacific  Railroad  Co.,  1142. 
railroad  grant,  690, 1106, 1110. 
excluded  from  grant  to  Northern  Pacific  Railroad  Co.,  1115, 
Union  Pacific  Railroad  Co.,  1110. 
railroad  grants,  1136. 
included  in  mineral  lands,  1110. 
mineral  lands  within  railroad  grant  act,  1183. 
profitable  for  mining,  8. 
reserved  from  Alabama,  1249. 
selectable  as  lieu  lands  by  railroad  company,  1120. 
subject  to  entry  in  Alabama  until  public  offer,  797. 
patent  under  desert-land  act,  950. 
notary  public  can  not  administer  oath  to  claimant,  736. 
notice  of  filing  township  plat,  770. 

location  in  Alaska,  886. 
offer  at  public  sale,  788. 

after  passage  of  act  necessary,  797. 
offered  at  public  sale  in  Alabama,  795. 

officer's  mistake  in  entry  will  not  affect  applicant's  rights,  317. 

oil  lands  withdrawn,  815. 

on  streams  in  Alaska,  867. 

one  preemption  right  only  granted,  738. 

opened  to  exploration  in  Michigan,  1093. 

Minnesota,  1093. 

Wisconsin,  1093. 

opening  and  improving  coal  mine  condition  precedent  to  enter,  758. 

gives  preference  right  to  purchase,  758. 

coal  mine  on,  746. 
open  to  purchase  without  preference  right,  731. 
ownership  of  coal  mined,  746. 

before  entry,  760. 
part  of  legal  subdivisions  within  15-mile  limit,  749. 
patent  for,  in  Alaska  must  recite  terms  and  conditions,  891. 
is  void  for  lands  withdrawn,  750. 
surface,  812,  813. 

where  entry  made  prior  to  coal  statutes,  798. 
not  issued  after  assignment  of  interest,  777. 
on  placer  entry  before  coal  statute  enactment,  798. 
proof  sufficient  to  justify,  746. 
under  homestead  law,  794. 
pass  under  railroad  grant,  787. 
payment  for,  853. 

in  advance  of  proceedings  not  required,  785. 
not  required  until  adverse  claim  disposed  of,  785. 
of  price,  729. 

as  condition  precedent,  748. 
pending  selections  completed,  823. 

perjury  not  predicated  on  oath  made  before  notary  public,  763. 
persons  entitled  to  preference  right  as,  759. 
limited  to  single  entry,  739. 

opening  or  improving  coal  mine  may  locate  lands  in  Alaska,  885. 
plan  to  secure  excessive  entries  in  behalf  of  association  illegal,  734. 
policy  as  to  salines,  787. 

of  Government  as  to,  726, 787. 

recognized  by  Congress,  726. 
possession  acknowledged  by  Congress,  852. 

as  basis  of  preference  right  of  entry,  730. 
not  essential  to  entry,  727. 
power  of  Indian  Nation  to  execute  lease,  991. 


1518 


INDEX. 


COAL  LANDS— Continued, 
preemption,  726. 

entry  not  permitted,  1227. 
not  permitted,  74L 
right  and  meaning,  752. 
preference  right  acquired  by  opening,  improving,  and  possessing  coal  mine,  758. 
performance  of  condition,  755. 
extended  by  filing  declaratory  statement,  757. 
not  created  by  filing  declaratory  statement,  758. 
of  entry,  730. 

as  against  prior  cash  entry,  756. 
condition  precedent,  752. 
protected  by  declaratory  statement,  778. 
to  purchase,  758. 
prerequisites  to  enter,  753. 

preference  right  to  enter,  752. 

price,  790. 

and  limitation  as  to  area,  726. 
at  time  of  entry  control,  729. 

depends  upon  distance  from  completed  railroad,  749. 

determined  at  date  of  entry,  755. 

fixed  by  statute,  755. 

not  affected  by  delay,  750,  990. 

repaid  on  cancellation  of  fraudulent  entry,  734. 
of,  748,  781,  786. 

in  Indian  reservation,  990. 
per  acre,  786,  788. 

within  10-mile  strip  of  Ute  Indian  Reservation,  990. 
prior  agreement  by  one  to  purchase  for  another  void,  732. 

possession  as  against  adverse  claimant,  731. 
priority  In  filing  declaratory  statement,  731. 
of  later  application,  731. 

possession  and  improvements  control,  756. 

gives  right  to  purchase,  779. 

private  cash  entry  by  corporation,  737. 
patent  for,  824. 
sale  of,  788. 
procedure  for  presentation  of  claims,  765. 
proceeds  of  sale  of,  in  Indian  reservation,  990. 
prohibition  against  second  entry,  772. 

applies  to  Alaska,  772. 
proof  and  payment  after  filing  declaratory  statement,  769. 

within  statutory  period,  773. 
as  to  actual  production,  744. 
based  upon  actual  production,  745. 
by  shaft  or  drill  work,  745. 
from  diamond  drill  holes  insufficient,  745. 
in  contest  with  agricultural  claimant,  747. 
insufficient  to  show  opening  coal  mine,  760. 
of,  743. 

coal  veins  in  vicinity,  744. 
good  faith  in  action  for  trespass,  757. 
mineral  character  as  a  present  fact,  745. 
opening  and  improving  mine,  759. 
presence  of  coal,  743. 
value  under  Colorado  enabling  act,  1281. 
on  second  hearing,  743. 
sufficient  to  establish,  1154. 

mineral  character,  753. 
support  claimant,  759. 
sustain  character,  743. 
to  overthrow  nonmineral  entry,  743. 
where  lands  are  near  a  city,  743. 
prospecting  is  not  opening  and  improving  coal  mine,  760. 
protected  from  operation  of  mining  statutes  in  Alabama,  794. 
protest  and  delay  as  affecting  price.  750. 


INDEX. 


COAL  LANDS— Continued. 

public  offer  after  cancelliition  of  aKricultural  entry,  797. 
offering  before  entry,  79(i. 

for  lands  reported  as  prior  to  statute,  798. 
in  Alabama  necessary  before  entry,  797. 
required  in  Alabama,  793,  794. 
sale  of,  788. 
purchasable  when  containing  mines,  787. 
purchase  after  expiration  of  preference  right,  730. 
before  reappraisement,  759. 
of,  by  disqualified  corporation,  737. 

under  coal-land  laws,  737. 
without  elements  of  preemption,  731. 
purchaser  of  relinquishment  of  homestead  entry,  800. 

preferred  who  has  opened  mine,  758. 
purpose  of  act  making  reservation,  813. 

of  March  3,  18G5,  789. 
March  3,  1883,  793. 
June  22, 1910,  817. 
July  1, 1864,  786. 
qualifications  for  entry,  727,  775. 

of  association  of  persons,  753. 
entry  man,  727,  775. 
locators  in  Alaska,  890. 
qualified  person  can  not  make  entry  for  disqualified  person,  732. 
quantity  acquired  by  associations  in  Alaska,  889. 
enterable  by  an  association,  740,754. 
of  land  entered,  780. 
permitted  to  association,  738. 

be  located  in  Alaska,  885. 
corporation,  738, 739. 
one  person,  738. 
question  of  fact  as  to  what  are,  1282. 

railroad  commission  to  examine  railroad  routes  from,  in  Alaska,  902. 

obtain  information  as  to  location  in  Alaska,  902. 
company  may  dispute  classification,  1118. 
inaccessible  no  effect  on  price,  749. 
to  in  Indian  Territory,  960. 
reappraisement,  750. 

afte.  opening  and  improving  mine,  759. 
by  Secretary  of  Interior,  732. 
reason  for  restriction  as  to  quantity,  738. 
refunding  deposit,  852,  853. 
regulations  as  to  have  force  of  law,  781. 

oath  of  applicant,  780. 
second  filing,  773. 
price,  781. 

by  department  as  to  filmg  and  entry,  781. 
for  leasing  in  Alaska,  897. 
governing  entries,  780. 
permit  additional  evidence,  781. 
relief  on  failure  to  comply  with  law,  990. 
relinquishment  and  selection  by  railroad  company,  1147. 
repayment  not  made  on  cancellation  of  fraudulent  entry,  1220. 
reservations  in  patent  for  surface  of,  823. 

of  Indian  lands,  1034. 
sales  to  noncoal  ptirchasers,  821. 
of  coal,  823,  824. 

without  consent  of  noncoal  purchaser,  823. 
reserved  from  ceded  Indian  lands  on  survey,  983. 
Indian  reservation,  984. 
sale  while  under  lease,  1023. 
school  grant  to  California,  1261. 

settlement  imder  nonmineral  land  laws,  737,741,816,1390,1392. 
State  grants,  1261. 
in  Alaska,  893. 


1520 


INDEX. 


COAL  LANDS— Continued, 
restrictions  as  to  acreage,  738. 
right  not  impaired  by  withdrawal,  741. 
right  of  entry,  726. 

under  coal-land  laws,  731. 
applicant  to  restricted  patent,  813 
miner  to  obtain  title,  790. 
patent  to  surface,  950. 
person  mining  coal  to  enter.  790. 
private  cash  entry,  756. 
to  enter  exhausted  by  one  entry,  739. 

purchase  based  on  priority  of  possession  and  improvements,  731. 

not  initiated  by  declaratory  statement,  767. 
surface  patent,  819. 
within  limits  of  railroad,  grant,  726. 
on  withdrawal  for  classification,  815. 
sale  after  entry,  772. 

patent,  737. 
and  coal  reserved,  823. 

price  provided  for,  786. 
by  legal  subdivision,  730. 
private  cash  entry,  731. 
entry,  781. 
not  compelled  by  court  proceedings,  732. 
of,  655. 

coal  mined  by  entryman,  746. 
not  evidence  of  illegal  entry,  735. 
private  entry,  781. 
surface  Indian  coal  lands,  1032. 

with  right  reserved  to  prospect  and  mine  coal  in  Alaska,  871. 
provided  for  by  private  entry,  731. 
to  parties  in  possession  and  making  improvements,  779. 
with  reservation  of  coal,  823. 
school  indemnity  selection  gives  no  title,  815. 
second  coal  filing  permitted,  740. 

entry  in  name  of  agent  prohibited,  774. 
permitted,  740. 

on  giving  valid  reasons,  770. 
filing  after  relinquishment  not  permitted,  762. 
on  proof  of  good  faith,  773. 
Secretary  may  determine  whether  entry  was  fraudulent,  733. 
segregation  and  appraisement  of  surface,  1036. 
selection  after  withdrawal,  819. 

before  classification  protected,  823. 
by  Alabama  gives  title  to  State,  1249. 
railroad  company,  1126. 

for  lands  relinquished,  1180. 
initiated  before  passage  of  statute  protected,  821. 
on  lands  withdrawn,  823. 
separate  entries  under  agreement  to  hold  for  joint  benefit,  733. 
settlement  on,  in  railroad  grants,  112. 

protected,  1122. 

not  protected,  798. 
settlers  on,  not  protected,  788. 
protected,  788. 
under  nonmineral  laws  protected  as  to  surface,  813. 
single  entry  only  permitted,  780. 

on  Alaskan  unsurveyed  lands,  889. 
soldiers'  additional  right  claim  not  defeated  by  withdrawal,  815. 
State  required  to  take  limited  patent,  815. 

selection,  788,  815,  824. 
State's  rights  do  not  attach  to,  741. 

of  selection  rests  on  approval  by  Secretary,  824. 
statute  authorizing  disposal  of,  725. 

entry  on  unsurveyed,  in  Alaska,  888. 
governing  selection  after  withdrawals,  819. 

withdrawal,  819. 
providing  for  disposal  of,  725. 


INDEX. 

COAT.  LANDS— Continued. 

subjwt  to  entry  as  mineral  lands  within  forest  reservation,  1167. 
preemption,  742. 

as  agricultnral  lands,  72G. 
private  entry  after  public  olT^r,  788. 
sufTiciency  of  notice  of  location  in  Alaska,  886. 
surface  entry  permitted,  820,  1393. 

patent  for  selections  made  before  passage  of  act,  821. 
surrender  of  clainxs  to  obtain  lease  in  Alaska,  893. 
survey,  852,  1(M)4. 

in  Alaska,  785. 
not  provided  for,  852. 
surveyor  general's  return,  747. 
temporary  settler  not  protected,  1123. 

tender  of  price  unnecessary  before  action  to  cancel  patent,  751. 
time  for  determining  mineral  character,  815. 

filing  claims  after  filing  of  township  plat,  768. 
notice  of  claim  in  Alaska,  769. 

coal  location,  890. 
segregation  plat,  769. 
making  proof  and  payment,  777. 

in  Alaska,  778. 
given  by  regulations  for  making  proof  and  payment,  769, 
of  determination  of  coal  character  of  land,  1238. 
when  price  attaches,  748. 
title  to  surface,  813. 

apart  from  coal  deposits,  813. 
town-lot  title  subject  to  mineral  rights,  790. 
tunnel  is  not  opening  and  improving  coal  mine,  760. 
unlawful  combination  to  obtain,  734. 
vmlimited  quantity  not  acquired,  736. 
tmiform  system  of  law  for  classification,  1392. 
validity  of  nonmineral  entry  before  withdrawal,  820. 
valuable  for  coal,  742. 

minerals,  742. 
value  ascertained  by  Geological  Survey,  750. 
varying  in  distance  from  railroad,  749. 
vested  rights,  form  of  application  for  purchase,  824. 

sufficiency  of  application  for  purchase,  824. 
imder  agricultural  or  nonmineral  entries  protected,  820. 
voidable  patent  not  protected  by  transfer  to  corporation,  750. 
what  constitutes  classification,  820. 

known  mines,  746. 
opening  and  improving  mine,  760. 
withdrawals,  818,  1390. 

and  classification,  819. 
effect,  741. 

entry  imder  other  laws,  819. 
as  claims  of  coal  value,  815. 
do  not  include  soldiers'  additional  right,  819. 
entered  for  other  purposes,  741. 
for  classification,  815,  818, 1392. 
from  entry  imder  nonmineral  laws,  741. 

coal  entry,  741. 
may  include  noncoal  lands,  818. 
not  subject  to  soldiers'  rights,  820. 
of  Indian  land  as,  822. 

in  South  Dakota,  819. 
patent  for  is  void,  750. 
withdrawn  for  classification,  1238. 

from  private  entry  for  classifications,  1392. 

Southern  Ute  Indian  Reservation,  999. 
in  Alaska,  877. 
COAL  LEASES. 
See  Lease. 


1522 


INDEX. 


COAL  LOCATION. 

See  also  Coal  entry,  Declaratory  statement,  Mining  locations,  Placer  locations, 
adverse  claims  provided  for,  785. 
agreements  to  consolidate  illegal,  892. 
application  for  purchase,  785. 

of  section  2349,  765. 

2350,  771. 
assignment  of  right,  785. 
cancellation  of  entry,  754. 
coal-land  laws  extended  to  Alaska,  726. 
conditions  for,  in  Alaska,  885. 

precedent  to,  752. 
conflicting  claims,  priority  of  possession  determines  rights,  779. 

possession  and  improvements,  779. 
consolidation  authorized  in  Alaska,  89L 

of  good  faith  locations  in  Alaska  permitted,  890. 
construction  of  coal-mining  statutes,  724. 
section  2349,  765. 
2350,  771. 

contents  of  notice  of  location  in  Alaska,  886. 
corporation  as  association,  727. 

locator,  727. 
declaratory  statement,  burden  of  proof,  764. 

contents  and  sufficiency,  763. 

distinction  between  and  preference  right,  757. 

duty  to  file  in  person,  766. 

effect  and  purpose,  762. 

filing  unnecessary,  769. 

failure  to  file,  764. 

form  and  sufficiency,  763,  767, 

grounds  for  rejecting,  769. 

making  in  person,  764. 

number  of  filings  permitted,  770. 

oath  of  applicant,  763. 

office  of,  767. 

place  of  filing,  766. 

proof  after  filing,  769. 

purpose  of,  767. 

substance  of,  767. 

sufficiency  of,  763,  767. 

time  for  filing,  763,  767. 

making  payment,  769. 
proof,  769. 

description  in  notice  of  location  in  Alaska,  886. 
direction  of  boundary  lines  in  Alaska,  885. 
discovery  essential,  769. 

duty  of  adverse  claimant  to  assert  rights  in  Alaska,  886. 

begin  action  to  quiet  title  in  Alaska,  886. 
effect  of  false  dates  as  to  time  of  filing,  890. 
entry,  agent  prohibited  from  making,  774. 
assignment  of,  777. 

applicant's  compliance  with  law,  780. 

showing  under  oath,  780. 
assignment  of  by  entryman,  780. 
by  agent  prohibited,  774. 
by  corporation,  774. 

disqualified  association,  776. 

corporation,  776. 
person,  775. 
dummies,  774. 
officers  of  corporation,  774. 
effect  of  adverse  claim,  778. 
excuse  for  second  filing,  773. 
in  Alaska,  774. 

incomplete  because  of  adverse  claim,  778. 
failure  to  complete,  777. 

make  proof  within  time,  777. 

pay  within  time,  777. 


INDEX. 


1523 


COAL  LOCATION— Continued. 

entry,  lands  valuable  for  precious  metals  excluded,  782. 
oath  of  applicant,  7S(). 
of  coal  lands,  72(5. 
on  surveyed  lands,  774. 
quantity  of  land,  780. 
rights  of  assignee,  777,  780. 
rules  and  regulations  governing,  781. 

force  of,  781. 

commissioner  authorized  to  make,  781. 

single  only  permitted,  772,  780. 
suflficiency  of  verification,  780. 
time  for  making  payments,  777, 

proof  in  Alaska,  778. 
verification  by  claimant,  780. 
entry  and  patent,  agreements  as  to  entry,  732. 

application  necessary,  728. 
assignee's  right  to  make,  732. 
cancellation  of  for  fraud,  735. 
cash  entries,  731. 

entry  not  permitted,  732. 
combinations  to  make,  733. 
conspiracy  to  make,  733. 
corporation  may  purchase  from  entryman,  737. 
declaratory  statement  not  essential  to  purchase,  731. 
entry  by  one  for  another  under  agreement,  732. 

benefit  of  another,  735. 

association,  735. 
for  benefit  of  corporation,  736. 
of  noncontiguous  tracts,  729. 
indictment  for  conspiracy,  734. 
fraudulent  entry,  733. 
legal  subdivisions  subject  to,  730. 
noncontiguous  tracts  not  subject  to,  729. 
payment  of  price,  729. 
preference  right  of,  730. 

to  cash  entries,  731. 
proceedings  to  compel  entry,  732. 
prohibition  as  to,  772. 
proof  of  conspiracy,  734. 
purchase  from  entryman  by  corporation,  737. 

without  declaratory  statement,  731. 
rights  of  assignee  after  transfer,  737. 

assignor,  737. 
subdivisions  of  survey  when  subject  to,  730. 
transfer  after,  737, 

validity  of  entry  by  one  for  another,  735, 
under  soldiers'  additional  homestead  law,  737. 
excuse  for  second  filing,  754. 
failure  to  give  notice,  770. 
filing  notice,  784. 

in  proper  recording  district,  784. 
of  location  in  Alaska,  886. 

with  register  and  receiver  of  proper  Land  Office,  784. 
form  and  extent  in  Alaska,  885. 
good  faith  entries  in  Alaska  may  be  perfected,  890. 

of  applicant  as  to  coal  lands,  756. 
improvements  as  condition  for  coal  entry,  761. 

on  legal  subdivisions  of  coal  lands,  761. 
marking  with  permanent  monuments  in  Alaska,  885. 
members  of  association  must  qualify,  727. 
miners'  rules  and  regulations  as  to,  781. 
nature  of  preference  right,  765. 
notice  and  record,  784. 
of,  770. 

location  in  Alaska,  886. 
not  permitted  on  shore  of  navigable  waters  in  Alaska,  886, 


1524 


INDEX. 


COAL  LOCATION— Continued, 
on  ceded  Indian  lands,  981. 

abandoned  military  reservations,  1162. 
unsiirveyed  lands  in  Alaska,  889. 
persons  qualified  to  make,  727. 
policy  of  Government  as  to  coal  lands,  726. 
preemption  claims  for,  726. 

right  of  coal  lands,  726. 
preference  right  continued  by  filing  declaratory  statement,  766. 
of  entry,  765. 

continuance,  757. 

development  of  land  as  condition,  761. 
distinction  between,  and  coal  entry,  757. 
good  faith  of  applicant,  756. 
meaning  of,  755. 

opening  and  improving  coal  mine,  757. 
possession  necessary,  756. 
prerequisites,  755. 
sale  of,  760. 
transfer  of,  760, 
presenting  claims  to  register,  784. 
proof  of,  785. 

mineral  character,  753. 
qualifications,  753. 
protected  against  town-site  claimants,  790. 
provisions  for,  725. 

disposal  of  coal  lands,  725. 
qualifications  of  entryman,  753. 

locators,  727. 
quantity  of  land  enterable  by  association,  754. 

permitted  in  Alaska,  885. 
record  and  notice,  784. 

of  location  in  Alaska,  885. 
recording  notice  of  location  in  Alaska,  886. 
reenactment  of  original  coal  acts,  724. 
relinquishment  of  improvements,  762. 
repayment  of  price  on  cancellation  of  entry,  754. 
restrictions  as  to  quantity  on  Alaskan  unsurveyed  lands,  889. 
right  of  assignee  to  make,  732. 

corporation  to  enter,  727. 
possession,  766. 
rules  and  regulations  governing  price  of  land,  781. 

sale  of  coal  land,  781. 
permitting  additional  evidence  as  to,  781. 
second  filing  permitted,  754. 
single  entry  permitted,  753. 
statutes  authorize  coal  locations,  725. 
survey  in  Alaska,  785. 
system  of  mining  laws,  725. 
time  for  filing  notice  and  record,  784. 

making  and  filing  notice,  784. 
survey  in  Alaska,  785. 
title  to,  may  be  acquired  in  Alaska,  890. 
unlawful  entries,  754. 

value  of  improvements  as  applied  to  coal  lands,  761. 
COAL  MINE. 

See  also  Coal  deposits.  Coal  locations.  Inspection  of  mines,  Known  mines.  Working  mines. 

accumulations  of  coal  dust,  807. 

appropriations  for  inspectors,  807. 

authority  of  Congress  to  regulate  operations,  805,  807. 

coal-mine  inspection  act,  802,  806. 

duty  and  liability  of  operator,  805. 

of  operator  as  to  ventilation,  805. 

to  dampen  dust,  807. 
keep  mine  safe,  805, 807. 

owner,  805. 
equivalent  to  worked  vein,  756. 


INDEX. 


1525 


COAL  MINE— ConUnued. 

excepted  from  Iiidiiui  lands,  974. 
explosion  of  coal  dust  in,  807. 
good-faith  improvements,  756, 769. 
improving,  761. 
improvements  on,  761. 
inspection,  804. 

act,  802,  806, 

amended,  806. 
constitutional,  804. 
of  March  3, 1891,  804. 
authorized  by  State,  805. 
labor  and  improvements  on,  761. 
liability  of  operator,  805. 

for  explosion,  807. 
owner,  805. 

for  damages,  805. 

meaning  of,  755. 

miner  assumes  risk  of  obvious  dangers,  807. 

not  required  to  exercise  care  to  discover  conditions,  807. 
no  authority  for  working  without  entry,  758. 
opening  and  improving  as  a  condition  for  location  in  Alaska,  885. 

on  coal  lands,  757. 
operator  not  liable  for  coal-dust  explosion,  807. 
person  in  possession  in  Alaska  may  enter  land,  889. 

opening  and  improving,  may  locate  in  Alaska,  885. 
possession  and  right  to  patent  on  unsurveyed  Alaskan  lands,  890. 
power  of  State  to  inspect,  805. 

regulate,  805. 
precaution,  to  insure  safety  to  employees,  805. 
preference  right  to  purchase  Indian  land  on  opening,  1001. 
preventing  coal-dust  accumulation,  807. 
proof  of  opening  and  improving,  759. 
regulations  as  to  ventilation,  805. 

by  State,  805. 
relative  duty  of  miner  and  operator  as  to  dust,  807. 
right  to  purchase  after  cession  from  Indians,  974. 
validity  of  inspection  act,  804.  , 
ventilation  of,  805. 

use  of  coal  for  fuel  instead  of  timber,  1342. 
COAL  RESERVATIONS, 
private  patent,  824. 
sale  of  coal  lands,  823. 
COAL  SECTIONS. 
See  Coal  statutes, 
amendments  to  31  Stat.  658,  782. 

33  Stat.  525, 783. 
application  and  construction,  771. 

in  criminal  cases,  771. 
coal  lands  enterable  under,  742. 
construction,  742. 

of  proviso  as  to  opening  mine,  757. 
construed  together,  757. 
COAL  STATUTES. 

See  also  Alaska,  Coal  sections.  Mining  statutes,  Railroad  grants,  Reservations, 
amendments,  13  Stat.  529,  786. 

31  Stat.  658,  782. 
33  Stat.  525,  783. 
application  and  remedial  character,  813. 

to  final  entries  upon  lands  withdrawn,  818. 
lands  classified  as  coal,  818. 

in  Hailey  land  district,  818. 
system,  789. 

unsurveyed  lands  in  Alaska,  726,  888,  889. 
as  a  system,  782,  784. 
ascertainment  of  legislative  intent,  891. 
classification  of  coal  lands  provided  for,  813. 


1526 


INDEX. 


COAL  STATUTES— Continued. 

coal  entries  on  unsurveyed  lands  authorized,  784. 

in  Alaska,  784. 

codified  in  coal  sections,  724. 
constitutionality  of  inspection  act,  804. 
construction,  887. 

and  effect  as  to  payment  for  coal  land,  785. 
of  settlers'  relief  act  as  to,  1217. 
construed  as  system,  782,  784. 

together,  725,891. 
with  existing  statutes,  793. 
continued  in  force,  787. 

until  codified,  725. 
curative  and  remedial,  as  applied  to  Alaska,  891. 
effect  of,  as  to  Alabama  enabling  act,  1249. 
on  Alabama  enabling  act,  793. 

entry  consummated  prior  to  passage,  793. 
entry  of  coal  lands  regulated  by,  726. 
extended  to  Alaska,  782,  871,  88G,  887. 
future  disposition  of  public  lands  provided  for,  798. 
grant  of  right  to  mineral  lands  in  Alabama,  793. 
in  force  in  Alaska,  886. 

nature  of  act  permitting  coal  entry  on  unsurveyed  lands,  784. 
no  application  for  lands  withdrawn  for  classification,  818. 

effect  on  previously  acquired  titles,  798. 

part  of  preemption  system  for  disposal  of  public  lands,  725. 

retroactive  effect  in  Alaska,  891. 
number  of  coal  entries  permitted  in  Alaska,  883. 
original  act,  791. 

operation  not  retrospective  as  to  earned  royalties,  1008. 

persons  in  possession  of  coal  mines  in  Alaska  may  enter  lands,  889. 

preemption  effect  of  original  act,  725. 

prohibition  against  more  than  one  entry,  785. 

proof  insufficient  to  show  opening,  760. 

protection  to  settler  engaged  in  coal  mining,  790. 

provisions  for  disposal  of  coal  lands,  725. 
limited  patent,  817. 
sale  and  price,  786. 

relation  to  application  for  patent  under  homestead  entry,  795. 

remedial  and  liberally  construed,  817. 

rights  conferred  where  entries  made  prior  to  passage,  796. 
of  Alabama  not  affected  by,  794. 

sections  of  revised  statutes  construed  together,  725. 

cover  disposal  of  coal  lands,  725. 

system  as  to  entry  and  location  of  coal  lands,  782. 
of  laws  relating  to  coal  locations,  725. 
relating  to  entry  and  location  of  coal  lands,  784. 

temporary  nature  of  extension  act,  784. 

title  to  mining  locations  in  Alaska  may  be  perfected,  887. 

uniform  system  for  classification  of  coal  land,  1392. 

vested  right  not  affected  by,  797. 
CODIFICATION. 

See  also  Coal  sections.  Coal  statutes,  Mining  statutes. 

mining  statutes,  635. 
COAL  TESTING. 

appropriations  for,  826. 
COLLATERAL  ATTACK. 

See  also  Conclusiveness,  Judgment,  Patent. 

cancellation  of  fraudulent  stone  entry  not  subject  to,  1323. 

Land  Department's  determination  as  to  mineral  character  conclusive  against,  1120. 
not  subject  to,  296. 

patent  not  subject  to,  419. 
strangers  can  not  attack  patent,  421. 
void  patent  attacked  collaterally,  421. 
COLLEGE  GRANTS. 

mineral  lands  excepted  from,  in  Nevada,  1276. 
minerals  excepted  from,  in  California,  1276. 
of  nonmineral  lands  to  Colorado,  1303. 


INDEX. 


1527 


COLORADO. 

See  also  Collepe  gnuits,  School  snuits,  State  grants, 
application  of  timber  mul  stone  amendatory  act,  1311. 
coal  excepted  from  lease  in,  KHMi. 

lands  excepted  from  grant  to,  12S1. 
college  grant  to,  of  nonmineral  lands,  VMY.l. 
constniction  of  statute  as  to  ownershii)  of  intersecting  veins,  132. 
disix»sal  of  lands  containing  mineral  springs,  1281. 
efTect  of  irregular  sm-vey  on  title  to  mineral  land,  1283, 

subsequent  discovery  of  minerals  in  school  grants,  1283. 
enabling  act  excepts  mineral  lands,  12S0. 

excludes  lands  valuable  for  minerals,  1280. 
failure  to  select  salt  springs  within  time  fixed,  1281. 
grant  of  salt  springs  limited  to  twelve,  1281. 
Indian  lands  ceded  to  Government,  959. 
meaning  of  lands  valuable  for  minerals,  1280. 
mineral  lands  excepted  from  school  grants,  1282. 

not  subject  to  homestead  entry  after  cession,  959. 
minerals  excepted  from  lease,  109G. 
pipe  lines  over  public  lands,  1068. 
proclamation  opening  lands  in,  1284. 

residents  may  cut  timber  on  mining  land  for  certain  purposes,  9. 
right  of  mineral  claimant  on  school  lands,  1283. 

to  lieu  lands  for  school  sections  relinquished,  1282. 
sale  of  lieu  lands  for  school  purixtses,  1285. 
salt  springs  excluded  where  private  rights  have  vested,  1281. 

reserved  from  grant  to,  1196. 
school  grants  to,  1284. 
selection  of  lieu  lands,  1280,  1285. 

state  selection  not  conclusive  as  to  mineral  character,  1286. 
statute  as  to  description  of  mining  claim,  228. 

attaching  conditions  to  mining  locations,  26. 

cited,  182. 

regulating  mining  locations,  191. 

requiring  discovery  shaft,  23. 

stakes  on  placer  claim,  543. 
stone  excepted  from  lease  in,  1096. 
timber  and  stone  act  extended  to,  1329. 

cutting  act  extended  to,  1351. 
time  of  taking  effect  of  grant  to,  1283. 

title  not  affected  by  subsequent  discovery  of  minerals,  1283. 
to  school  land  not  affected  by  subsequent  discovery,  1282. 
COMBINATIONS. 

See  also  Associations,  Coal  entries.  Conspiracy. 

acquiring  coal  lands  through,  773. 

consolidation  of  coal  locations  in  Alaska,  892. 

pipe  line,  1070. 
COMMENCEMENT  OF  PROCEEDINGS. 

See  Adverse  claims.  Actions  on. 
COMMISSION. 

See  also  Classification,  Coal  lands.  Debris  deposits.  Mining  d(^,bris.  Railroad  lands, 
mining  debris,  934. 
private-land  claims,  1074. 
COMMISSIONER. 

See  also  Land  Department. 

authority  to  order  hearing  under  mineral  laws,  690,  691. 
COMMISSIONERS. 

See  also  Classification,  Coal  lands,  Indian  lands,  Railroad  lands. 

California  private-land  claims,  1075. 
COMMON  CARRIER. 

See  also  Pipe  lines,  Right  of  way. 

pipe-line  owners  are,  1071. 

rights  as  to  coal  lands  in  Alaska,  893. 
COMMON  LAW. 

See  also  Desert  land.  Riparian  rights,  W ater  rights. 

abridgment  of  right  of  ownership,  103,  135. 

apex  right  in  derogation  of,  103. 


1528 


INDEX. 


COMMON  LAW— Continued. 

application  of  riparian  rights  doctrine,  660. 

to  mining  claims,  103. 
change  of  rule  as  to  the  use  of  water,  660. 
doctrine  of  riparian  rights  not  applied,  619. 
exception  of,  as  to  subsurface  rights,  103. 
miners',  in  imorganized  territory,  1089. 
owTiership  of  precious  metals  under,  637. 

subject  to  subsurface  entry  of  others,  135. 
possessory  rights  enlarged,  135. 

by  mining  statutes,  103. 
not  abridged  by  mining  statutes,  103. 
right  of  ownership  abridged,  103. 
rule  as  to  ownership  modified  by  mining  statute,  103. 
reservation  of  minerals  changed,  103. 
surface  ownership,  103. 
COMPENSATION. 

See  also  Bureau  of  Mines, 
for  injured  employees,  918. 

of  Bureau  of  Mines,  920. 
COMPUTATION  OF  TIME. 

See  Newspaper,  Notice,  Publication, 
classification  of  Indian  coal  lands,  1081. 
days  excluded  and  included  in  publications,  364. 
COMSTOCK  LODE. 

See  also  Sutro  Tunnel,  Tunnel,  Turmel  location, 
application  of  Sutro  Tunnel  act,  1386. 
conditions  in  patent  for  mining  claims  located  on,  1386. 
construction  of  name  and  designation,  1386. 

hearing  to  determine  if  mine  located  on,  is  drained  by  tunnel,  1386. 
mining  location  on,  1385. 

surveyor  general's  report  as  to  mining  locations  on,  1385. 
Sutro  Tunnel  act,  1383,  1384. 
CONCLUSIVENESS. 

See  also  Collateral  attack.  Judgment,  Land  Department,  Patent, 
determination  of  Land  Department  as  to  mineral  character  of  land,  296,  298,  316. 

between  agricultural  and  mineral  claimant,  7. 
mineral  character  of  land,  316. 
judgment  on  adverse  claim,  668. 

Land  Department's  determination  in  railroad  grants,  1119. 
mineral  character  of  land  determined  by  Land  Department,  1119. 

patent  as  against  town-site  claimant,  1361. 
of  application  as  to  known  vein,  565. 

for  placer  patent,  565. 
certificate,  397. 

court's  judgment  on  Land  Department,  485. 
entry,  397,  417. 

judgment  as  between  lode  and  placer  claimants,  484. 

on  adverse  claim,  483. 
patent,  417,  493,  1135. 
record  of  location,  212,  232. 
void  patent,  421. 
patent  conclusive  as  to  date  of  proceedings,  415. 

of  compliance  with  statute,  412. 
not  subject  to  attack,  419. 
placer  patent  as  to  lode  claims,  575. 
presumptions  as  to  patent,  414. 

questions  concluded  by  judgment  on  adverse  claim,  483. 
CONDONATION. 

See  also  Settlers'  relief  act,  Trespass. 

fraudulent  entry  no  basis  of  purchase  under  act,  1219. 

trespass  on  mineral  lands  not  condoned,  1218. 

nonmineral  land  condoned,  1218. 
CONFLICTING  AREA,  CLAIMS,  LOCATIONS. 

See  also  Adverse  claims.  Mining  locations. 

abandonment  of,  on  filing  adverse,  720. 

acquiescence  in  junior  location,  183. 


INDEX. 


1529 


CONFLICTING  AREA,  CI>AIMS,  LOCATIONS— Continued, 
conflicting  ooiil  locations,  779. 
duty  to  have  correct  survey,  32S. 
elTect  and  rights  in  application  for  patent,  326. 

in  application  for  patent,  32(),  665. 
patent  proceedings,  394. 

of  abandonniont  on  fding  adverse  claim,  720. 
issuance  of  patent,  722. 

on  forfeiture  of  senior  location,  257. 
exclusion  of  conflicting  areas  in  application  for  patent,  326. 
improvements  made  on,  346,  348. 
in  patent  proceedings,  343. 
junior  survey  must  show,  343. 
location  within  limits  of  prior  location,  184. 
mineral  character  can  not  be  assumed,  327. 
no  presumption  as  to  relinquishment,  328. 
possession  and  improvements,  779. 
priority,  183. 

of  location,  394. 

possession  of  coal  claims,  779. 
relinquishment  and  effect,  468. 
rights  determined  by  priority  of  location,  394. 

of  relative  patentees,  722. 

to  surface  in  placer  claim,  557. 

waived  on  failure  to  adverse,  328. 
settlement  by  court  and  not  by  Land  Department,  719. 
subsequent  location  not  always  void,  183. 
CONGRESS, 

See  also  Mining  Statutes,  United  States, 
mining  license  by,  10. 
permits  mining  on  public  lands,  10. 
power  to  regulate  State  court  proceedings,  460. 
CONSOLIDATION  OF  CLAIMS. 

See  also  Group  claims,  Patent  proceedings, 
acquisition,  533. 
joint  entry,  532. 
patent  for,  533. 
placer  locations,  532. 
sale  and  acquisition,  533. 
CONSPIRACY. 

See  also  Associations,  Coal  entry,  Combinations. 

acquiring  coal  lands  by,  773. 

coal  companies  combining,  1236. 

effect  of  prior  agreement  to  sell  stone  lands,  1320. 

forfeits  title  to  coal  lands  in  Alaska,  891. 

indictment  for  and  proof,  734. 

persons  conspiring  to  obtain  coal  lands  not  entitled  to  repayment,  1220. 
proof  of,  734. 

refusal  of  coal  company  to  sell  coal,  1236. 

to  enter  coal  lands,  733. 

purchase  coal  lands  in  Alaska  unlawful,  891. 
pin:chase  stone  lands,  1320. 
CONTESTANTS. 

See  also  Adverse  claims,  Appeal,  Burden  of  proof.  Protest. 

adverse  claimant  as,  718. 

agricultural  and  mineral  entrymen,  845. 

between  town-site  and  mineral  patentee,  1363. 

bm-den  of  proof,  7, 33. 

mineral  and  agricultural,  33. 

protest  by  adverse  claimant,  718. 
CONTIGUOUS  CLAIMS. 

See  Group  claims. 

not,  if  touch  at  comers  only,  247. 
CONVEYANCE. 

See  Assignors  and  Assignees,  Description,  Mining  locations.  Patent,  Possessory  rights.  Possessory  title. 
Statute  of  frauds. 

56974°— Bull.  94,  pt  2—15  45 


1530 


INDEX. 


CONVEYANCE— Continued, 
by  coowner,  276,  278. 
by  miner  though  fee  in  Government,  123. 
by  railroad  company,  1107, 1124. 
effect  on  right  to  forfeit  coowner's  interest,  276. 
mining  location  by  locator,  56. 

to  several  persons,  94. 
necessity  of  written,  for  mining  claim,  125. 
patent  as  a,  412. 

purchaser's  right  from  railroad  company,  1124. 
right  of  purchaser  from  railroad  company,  1124. 
title  conveyed  by  railroad  company,  1107. 
COOWNER. 

See  also  Abandonment,  Annual  labor.  Forfeiture,  Notice,  Trustee, 
acquiring  interest  of  other,  272. 

title  of  others  on  abandonment,  273. 
adverse  claim  filed  by,  279. 
application  for  patent  by  one,  301. 

ratified  by  other  coowner,  407. 

assessment  work,  177. 

can  not  claim  labor  performed  by  another,  278. 

relocate  and  get  title,  278. 
compliance  with  law  to  obtain  patent,  279. 
conveyance  by,  276,  278. 
corporation  and  stockholder  not,  273. 
delinquent  can  not  enforce  forfeiture  against  others,  274. 
delinquent  coowner,  273. 
determination  of  trust  relation,  491. 
duty  to  assert  adverse  claim,  435. 

effect  of  conveyance  by  after  performance  of  assessment  work,  276. 
on  right  to  forfeit,  276. 
delinquency  of  coowner,  274. 
enforcement  of  trust,  279. 
failure  of  one  to  perform  annual  labor,  177. 
to  adverse,  382. 

contribute  to  assessment  work  as  ground  of  forfeiture,  255. 
perform  his  part  of  assessment  work,  699. 
filing  adverse  claim,  407. 
forfeiture  of  interest,  177,  276. 

after  patent,  403. 
tunnel  rights,  274. 
prevented  by  payment  or  tender,  274. 
proceedings  by,  274. 
holder  of  sherifT's  certificate  is  not,  272. 
implied  promise  to  pay  assessment  work,  274. 
interest  to  be  forfeited,  276. 
location  of  independent  claim  by,  272. 
liability  as  trustee,  278. 
may  assert  title  after  patent  to  others,  301. 

sue  to  quiet  title  without  adversing,  438. 
nature  of  estate,  272. 

no  personal  liability  for  assessment  work,  274. 
not  entitled  to  patent  in  his  own  name,  407. 

estopped  by  failure  to  adverse,  438. 

required  to  adverse,  301. 
notice  of  forfeiture  served  on  heirs,  275. 

to  delinquent,  275. 
patent  proceedings  by  one,  279. 
performance  of  aimual  labor  by  one,  273. 
possession  by  and  effect,  273. 

practice  in  proceedings  to  forfeit  coowner's  interest,  277. 
proof  sufficient  to  obtain  title  to  himself,  279. 

to  establish  forfeiture,  276. 
provisions  for  acquiring  interest  by  strictly  construed,  272. 
publication  against,  275. 

for  once  each  week  for  90  days,  276. 
refusal  to  perform  assessment  work,  273. 
relation  of  contents,  272. 


INDEX. 


1531 


COOWNER— Continued. 

relief  against  tioliiuniont  not  Riven  by  Land  Department,  275. 
remedy  against  delinquent  coowuer,  273. 
right  to  patent,  407. 

recover  possession,  272. 
rights  acquired  by  forfeiture,  277. 

determined  by  court's  proceedings,  387.  • 
of  not  acquired  by  fraud,  272. 
statutory  remedy  for  relief  is  exclusive,  274. 

rights  apply  to  lode  and  placer  claims,  272. 
stockholder  of  corporation  not,  273. 
sulTiciency  of  publication,  275. 
tunnel  rights,  274. 

undivided  interest  not  an  adverse  claim,  445. 
who  are,  272. 

not  272. 

COPPER. 

See  also  Mineral. 

as  mineral,  35. 

subject  to  location,  35. 
COPPER  MINES. 

See  also  Mineral. 

authority  of  President  to  lease,  1244. 

disposal  of,  1081. 

Indian  title  to,  1081. 
CORDOVA  BAY  HARBOR,  ETC.,  CO. 

existing  claims  withdrawn  from  right  to  purchase,  898. 

occupation  and  purchase  of  nonmineral  lands  in  Alaska,  898. 

right  of  eminent  domain  in  Alaska,  898. 
CORPORATIONS. 

See  also  Affidavit,  Agent,  Alien,  Locator,  Mining  location,  Qualification,  Verification, 
acts  of  bankruptcy  by  mining,  914. 

permitted  by,  915. 
adverse  claim  by  agent  or  officer,  441. 
affidavit  by  officer,  583. 

of  officer  to  adverse  claim,  583. 
agent  of  may  verify  adverse  claim,  717. 
alien  can  not  procure  title  to  mineral  land,  28. 
all  members  must  possess  qualification  for  coal  entry,  727. 
application  for  patent  by  foreign,  28. 

of  bankruptcy  act  to  mining,  914. 
verified  before  one  of  its  officers,  584. 
as  a  citizen,  27. 

an  association  for  entering  coal  land,  736. 

applicant  for  patent,  712. 

individual  locator,  538. 

joint  locator  of  miuing  claim,  28. 

locator,  27. 

locator  of  mining  claim,  27. 
one  person,  27. 
single  person,  28. 
certified  copy  of  articles  as  proof  of  citizenship,  101. 
citizenship,  27. 

and  proof,  101. 
coal  entry  by  dummies  prohibited,  774. 

not  affected  by  disqualification  of  stockholders,  775. 
officers  prohibited,  774. 
separate  corporators  invalid,  736. 
lands  entered  by  separate  corporators,  739. 
conditions  for  consolidating  coal  locations  in  Alaska,  890. 
conspiracy  to  enter  coal  lands  for,  775. 
disqualified  to  make  coal  entry,  776. 
effect  of  oath  by  agent  of,  584. 
entitled  to  all  benefits  of  mining  laws,  404. 
one  entry  only,  740. 
patent,  404. 


1532 


INDEX. 


CORPORATIONS— Continued. 

exercise  of  eminent  domain  in  Alaska,  883. 
foreign  may  locate  mining  claim,  28. 

purchase  patented  claim,  494. 
must  show  compliance  with  local  requirements,  28. 
not  an  innocent  purchaser,  28. 
fraudulent  entry  of  coal  lands  by,  733. 

innocent  stockholders  of  corporation  making  fraudulent  coal  entries,  733. 

leasing  coal  lands  in  Alaska,  893. 

limited  to  one  coal  location  in  Alaska,  775. 

20  acres  in  placer  location,  528. 
location  of  placer  claim  by,  528. 
making  a  mining  location  as  an  individual,  28. 
may  acquire  title  to  coal  lands  in  Alaska,  890. 
obtain  patent  for  location,  712. 

organize  in  Alaska  to  acquire,  hold,  and  operate  mines  and  smelters,  907. 

purchase  coal  land  from  entryman^  737. 
members  holding  voidable  patents  not  innocent  purchasers  of  coal  lands,  728. 
mill-site  patent,  607. 

miner  may  have  benefit  of  bankruptcy  act,  914, 
mining  as  bankrupts,  914. 

created  by  State  laws,  832. 

is  not  trading  within  the  bankrupt  act,  914,  915. 
notice  of  application  for  patent  by,  367. 
oath  by  officer,  583. 

officer  may  verify  adverse  claim,  440,  717. 
placer  location  by,  537. 
proof  in  application  for  mill-site  patent,  331. 
of  citizenship,  99. 

by  certificate  of  incorporation,  101. 
removed  by  admission,  101. 
qualification  of  members  to  authorize  coal  entry,  727. 
quantity  locatable,  537. 

of  coal  land  entered  by,  739. 
right  to  enter  coal  land,  736. 

patent  for  coal  lands,  776. 
mill  site,  607. 
special  privileges  not  granted  In  Alaska,  902. 
stockholder  may  perform  annual  labor  for,  239. 

must  file  affadavits  showing  qualification  for  coal  entry,  728. 
transfer  of  mining  claim  to,  737. 

to,  will  not  protect  voidable  patent,  750. 
verification  of  adverse  claim  by  officer,  583. 
waiver  by  failure  to  adverse,  382. 

of  right  by,  does  not  affect  officer,  438. 
COTENANTS. 

See  Coowners. 
COUNTERFEITING. 

obtaining  title  to  mineral  lands,  855,  856. 
COURSE  DOWNWARD. 

See  Downward  course. 
COURTS. 

See  also  Actions  on  Adverse  claims.  Federal  courts,  Federal  jurisdiction.  Federal  questions.  Judgment, 

Jurisdiction,  State  covurts. 
actions  on  adverse  claims  in  State  courts,  497. 

adjudication  in  favor  of  either  or  both  parties  in  adverse  proceedings,  481. 

adverse  suit  in  State  court,  384. 

competency  of  jurisdiction  in  adverse  proceedings,  454. 

competent  jurisdiction  for  suit  on  adverse  claim,  449. 

conclusiveness  of  judgment  as  between  lode  and  placer  claimants,  484. 

of  State  courts,  484. 

on  adverse  claims,  483. 
Land  Department,  485. 
control  of  actions  on  adverse  claim,  430. 

decision  on  adverse  claim  does  not  affect  Government  title,  464. 
determination  of  rights  of  adverse  claimants,  498. 


INDEX. 


1533 


COURTS— Continued. 

determine  chtvracler  of  land,  407. 
customs,  4(>8. 

performance  of  annual  labor,  400. 
question  as  to  relocation,  407. 

of  abandonment,  400. 
discovery,  465. 
relinquishment,  408. 
resumption  of  work,  400. 
underground  rights,  467. 
validity  of  location,  404. 
waiver,  408. 
form  of  actions  in  adverse  proceedings,  497. 
Indian,  have  concurrent  jurisdiction  with  Federal,  991. 
judgment  against  both  parties  in  adverse  proceedings,  500. 
judicial  notice  as  to  mining  locations  in  Alaska,  189. 
jurisdiction,  in  actions  in  State  courts,  458. 

not  regulated  by  Congress,  400. 
on  adverse  claims  in  Alaska,  879. 
authority  of  State  courts,  458. 
Federal,  455. 

questions,  455. 
equity  jiurisdiction,  461. 
kinds  of  actions  in  State  courts,  459. 
meaning  of  competent  jurisdiction,  454. 
objections  to  jmisdiction,  401. 
power  of  Congress  to  regulate  State  courts,  460. 
practice  in  State  courts,  459. 
regulation  of  State  court  proceedings,  460. 
State,  455. 

waiver  of  objections,  461. 
in  actions  on  adverse  claims,  432,  453,  474, 
of  coal  leases  on  Indian  lands,  991. 
Federal  and  Indian,  991. 
'  Federal  in  adverse  proceedings,  497. 

State  court,  385. 
to  determine  mineral  character  of  land,  315. 
kinds  of  adverse  proceedings,  459. 
pleading  adverse  claim,  475. 
possessory  rights  determined  by,  462. 
power  of  Congress  to  regulate,  460. 
practice  in  actions  on  adverse  claims,  385. 

State  courts  in  adverse  proceedings,  497. 
relating  to  adverse  claims,  459,  475. 
presumptions  indulged  in  by,  408. 
private  land  claims,  jurisdiction  as  to,  1078. 

mines  and  mineral  lands,  1078. 
settlement  of  title  by,  1078. 
proof  before  Land  Department  after  judgment  by,  403. 
protection  of  rights  of  adverse  claimants,  432. 
questions  concluded  by  judgment,  483. 

for  determination,  462. 
recovery  by  adverse  claimant,  481. 
State  courts  have  jurisdiction  in  adverse  suits,  715. 
CRIME. 

destroying  or  robbing  any  flume,  rocker,  quartz  vein,  sluice  box,  or  mining  claim  in  Alaska,  909. 

removal  of  minerals  in  Alaska  after  notice  of  lien  is  posted,  909. 
CRYSTALLIZING  DEPOSITS. 

not  mineral,  20. 
CUSTOMS. 

See  also  Appropriation  of  water.  Miners'  rules  and  regulations.  Mining  statutes.  Water  rights. 

aflecting  water  rights,  617. 

agreement  with  mining  statutes,  97. 

appropriation  and  use  of  water,  618. 

compliance  with,  in  acquiring  mineral  lands,  13. 

difference  between,  of  miners  and  mining  statutes,  618. 

effect  as  to  right  of  possession,  194, 


1534 


INDEX. 


CUSTOMS— Continued, 
extent  and  proof,  193. 
judicial  notice  of  miners',  642. 
limiting  placer  claims,  14. 
miners',  force  as  legislative  enactment,  640. 

prior  to  enactment  of  mining  statute,  635. 

recognized  by  mining  statute,  642. 

treat  vein  as  a  unit  and  indivisible,  129. 

part  of  system  of  mining  law,  2. 
prevalence  as  against  unused  mining  law,  14. 
proof,  97,  468. 

of,  to  protect  water  rights,  618. 
question  of  fact,  14. 

sanctioned  and  continued  by  Congress,  14. 
CUTTING  TIMBER. 
See  Timber  cutting. 

D. 

DAKOTA. 

See  also  Mining  statutes.  Timber,  Timber-and -stone  act. 
residents  may  cut  timber  on  mining  land  for  certain  purposes,  1339. 
statutes  regulating  mining  locations,  191. 
DAMS. 

See  also  Canals,  Ditch,  Flumes,  Reservoirs,  Right  of  way. 
rights  of  way  for,  in  Alaska,  1192. 

mining  purposes,  1192. 
DAWES  COMMISSION. 

See  also  Commissioner,  Commissioners,  Indian  lands, 
allotment  of  Indian  lands,  1004. 
D^:BRIS  DEPOSITS. 

See  also  California  Debris  Commission,  Deposits,  Navigable  waters.  Streams,  Tailings. 

amendment  to  California  Debris  Commission  act,  944." 

California  Debris  Commission,  933,  934. 

commission  to  investigate  in  California,  933,  934. 

depositing  refuse  in  navigable  waters,  944. 

deposits  in  navigable  streams  not  authorized,  941. 

duties  of  commission,  941. 

easement  as  to,  and  jurisdiction  of  courts,  621. 

hydraulic  mining,  941. 

conditions,  942. 

permitted,  942. 

prohibited,  941. 
injimction  to  prevent,  943. 
investigation  of,  in  California,  933,  944. 
jurisdiction  of  commission,  941, 

State  courts  over  hydraulic  mining,  943. 
to  prevent,  943. 
lines  within  which  deposits  may  be  made,  933. 
maintaining  easement  for  depositing,  not  a  Federal  question,  621. 
mines,  933. 

mining  debris  act,  934. 
no  easement  to  deposit,  616. 
power  of  courts  over,  943. 
stamp  works,  399. 
DECLARATORY  STATEMENT. 

See  also  Affidavit,  Coal  entry.  Coal  lands,  Oath,  Preference  right,  Verification, 
admissibility  in  evidence,  though  defective,  207. 
affidavit  to,  must  be  made  by  applicant,  764. 
amendment,  205. 

applicant  himself  must  make,  764. 

must  file  in  person,  767. 
application  to  coal  entries,  762. 
as  begiiming  of  locator's  title,  206. 

constructive  notice,  206. 

evidence  of  mineral  character  of  land,  207. 

extension  of  preference  right,  757. 
assignee  of  coal  entry  may  file,  780. 
basis  of  preference  right  to  purchase  coal  lands,  731. 
burden  of  proof  as  to,  764. 


TNDPA'. 


DECLARATORY  STATRMENT-Contlnuod. 

can  not  be  filed  by  one  jierson  in  interest  of  anotber,  7(i7. 
ceases  on  t  imely  presentation  of  application  to  i)urchase,  7GS. 
claimant  may  make  in  person,  7()4. 
commencement  of  period  for  filing,  768. 

sixtynlay  period  for  filing,  768. 
competency  of  officer  administering  oath,  763. 
contents  and  form,  207. 
continues  the  preference  right  of  entry,  762. 
defective,  will  not  prevent  coal  entry,  767. 
definition  of,  206. 

description  of  labor  and  improvement  necessary,  763,  767. 
duty  to  make,  for  coal  entry,  766. 
effect  and  purposes,  762. 

of  failure  to  file,  764,  767,  769,  778. 
filing  before  coal  is  discovered,  768. 
on  preference  right,  766. 
rights  of  settler,  1228, 
record  as  notice,  208. 
sale  before  final  proof,  764. 
in  absence  of  preference  right,  766. 
excuse  for  second  filing,  770. 
extends  the  preference-right  period,  763. 

time  for  holding  coal  filing,  777. 
failure  to  file,  for  coal  land  within  10-mile  strip,  990. 
filing  after  return  of  official  plat,  790. 

township  plat  is  filed,  768. 
as  necessary  steps  to  preference  right,  756. 
to  mining  claims  in  Alaska,  900. 
coal  location,  766. 
must  date  from  possession,  767 
unnecessary,  769. 
when  township  plat  is  on  file,  76S. 
forfeiture  of  coal  lands  on  failure  to  file,  764. 
form  and  sufficiency,  763,  767. 
grounds  for  rejecting,  769. 
initiates  no  right  to  coal  lands,  762. 
invoked  against  withdrawal,  763. 
miners'  rules  may  declare,  207. 
must  be  under  oath,  207,  763. 

show  entry  for  benefit  of  entryman,  763. 
entryman  has  opened  coal  mine,  763. 

nature,  206. 

not  required  in  absence  of  preference  right,  763. 

to  enter  coal  land  with  improvements,  761. 
oath  of  applicant,  763,  767. 

object  to  give  notice  of  preference  right  of  entry,  762. 
office  and  purpose,  206,  767. 

of  amendment,  205, 
party  limited  to  one  filing,  770. 
place  of  filing  for  coal  entry,  766. 
preference  right  extended  by  filing,  766. 

lapses  if  not  filed  in  time,  763. 
preserves  preference  right  beyond  60-day  period,  762. 

of  entry,  767. 

proof  after  filing,  769. 
purpose  as  to  coal  entry,  778. 
of,  767. 

record, 208. 
to  preserve  preference  right,  766. 
record  of,  208, 900. 

in  Alaska,  884,899,900. 
rejected  if  filed  in  interest  of  others,  769. 
.  right  to  purchase  coal  land  not  initiated  by,  767. 
same  by  individual  or  association,  762. 
second  filing  on  sufficient  excuse,  773. 
prohibited,  773. 


1536 


INDEX. 


DECLARATORY  STATEMENT— Continued, 
second  pennitted  for  coal  lands,  754. 

statement  permitted  for  valid  reasons,  770. 
showing  as  to  locating  and  opening  mine,  767. 
single  filing  only,  770. 
sixty-day  period  for  filing,  768. 
state  statutes  may  require,  207,  692, 
substance  of,  767. 
sufficiency  in  form,  207. 

of  verification,  207. 
under  Department  regulations,  767. 
Montana  statute,  227. 
time  for  filing,  763. 

in  Alaska,  769. 
making  proof,  769. 
payment,  769. 
given  by  regulations  by  filing,  769. 
useful  only  when  time  is  desired  for  payment,  762. 
verification,  207. 

not  required  by  mining  statute,  197. 
DEFINITIONS. 

abandonment,  259. 

adjacent  ground,  596. 

adverse  claim,  372,  442,  668,  716. 

branches,  1385. 

claim  and  claimant,  433. 

completed  railroad,  749. 

coowner,  272. 

declaratory  statement,  206. 

dip  of  vein,  141. 

discovered  or  developed,  1385. 

discovery,  67,  1044. 

entry,  391. 

forfeiture,  255. 

grubstake  contract,  55. 

known  mineral  character,  1102. 
mines,  746. 
veins  or  lodes,  558. 

lands  valuable  for  minerals,  15, 1367. 

line  of  tunnel,  169. 

location  of  mining  claim,  179. 

lode,  32,  37,  38,  588,  595,  649. 

mine,  755,  1378. 

mineral,  1115, 1378. 
lands,  5. 

mines  of  gold,  1367. 

mining,  915,  1343. 

placer  claim,  508. 

possessio  pedis,  117. 

preference  right,  730,  755,  765, 

shoe-string  location,  538. 

space  of  intersection,  590. 

swinging  claim,  233. 

vacant  and  unoccupied,  1173. 

vein,  32,  37,  38,  388,  595,  649. 
DEPARTMENT  OF  THE  INTERIOR. 

See  Land  Department. 
DEPOSIT. 

See  also  Expenses,  Fees,  Repayment. 

certificate  of,  853. 

for  expenses  and  fees,  666. 
survey  not  required,  578. 
DEPOSITS. 

See  also  Debris  deposits.  Minerals,  Valuable  mineral  deposits, 
forms  of,  subject  to  placer  location,  674. 
free  to  purchase,  9. 
in  public  lands,  9. 


INDEX. 


1537 


DEPOSITS— Continued. 

open  to  exploration,  9. 

subject  to  placer  location,  674. 

valuable,  subject  to  location,  9.  • 
DEPOTS. 

for  coal,  825. 
DEPUTY  MINERAL  SURVEYOR. 

See  Mineral  surveyor. 
DESCRIPTION. 

See  also  Conveyance,  Mining  location.  Patent  proceedings,  Survey. 

accuracy  required  in  application  for  patent,  320. 

adverse  claims,  442. 

boundaries,  322. 

change  in  location  notice,  233. 

coal  locations  in  Alaska,  886. 

Colorado  statute  as  supplementing  mining  statutes,  228. 
correcting  mistake  in  patent,  848. 

courses  and  distances  yield  to  objects  and  monuments,  232. 
effect  of  discrepancies,  231. 

mistakes,  322. 
errors  in,  340. 

furnished  in  application  for  patent,  307. 

group  claims  included  in  application  for  patent,  323. 

identity  of  claim  by  reference  to  objects  or  monuments,  227. 

in  application  for  patent,  320. 

in  cormection  with  monuments,  321. 

survey,  321. 

in  patent,  405. 

proceedings,  289. 
in  record,  177. 
Insufficient,  322. 

reference,  228. 

to  natural  object,  228. 

lines,  322. 

lode  claims,  504. 

mineral  monuments,  231. 

mining  claim  in  Alaska,  230. 

patent  proceedings,  340. 
on  surveyed  lands,  504. 

unsurveyed  lands,  504,  505. 
with  reference  to  survey,  504, 
location,  701. 
mistake  or  variance,  232. 
monuments,  177. 

control,  231,  504. 

field  notes,  342. 
in  patent,  505. 
natural  objects,  228. 
of  adverse  claim,  343. 
patent  corrected,  848. 
permanent  monuments,  228. 
placer  location,  530. 
purpose  of  requirement,  226. 
reference  to  mineral  monuments,  231. 
monuments,  227,  321. 
natural  objects,  321. 

or  monuments,  227. 

objects,  177,  227. 
showing  as  to  location  in  application  for  patent,  322. 

in  application  for  patent,  320. 
sufficiency,  177,  226. 

and  identification,  227. 

in  notice,  226. 
record,  226. 
survey  of  lode  claim,  504. 
use  of  monuments,  340. 
variance  in,  663. 

when  reference  to  objects  or  monuments  required,  228. 


1538 


INDEX. 


DESERT  LANDS. 

See  also  Appropriation  of  water,  Right  of  way. 

amendment  to  desert-land  act,  947. 

appropriation  of  surface  water  for  mining,  947.  * 

coal  lands  not  subject  to  patent,  950 

cost  of  reclamation,  951. 

determination,  950. 

entry  of,  not  permitted  on  margin  of  Great  Salt  Lake,  1202. 
lien  of  State  for  cost  of  reclamation,  951. 
mineral  character  of  land,  949. 

lands  not  subject  to  reclamation  expenses,  951. 
railroad  grant,  1145. 
right  to  use  water,  946. 
State  lands  must  be  nonmineral,  950. 
use  of  surface  waters,  946. 
water  rights,  946. 
what  constitutes,  946. 
DEVELOPMENT. 

See  also  Annual  labor.  Improvements,  Patent  proceedings, 
as  condition  of  continued  ownership,  188. 
may  apply  to  tunnel  run  for  development  of  vein,  170. 
not  representation  work,  170. 

project  not  accepted  in  satisfaction  of  expenditures,  170. 
reference  to  work  after  discovery,  170. 
DIAGRAM. 

See  also  Description,  Patent  proceedings.  Plat,  Posting,  Surveyor  general 

accompanying  application  for  patent,  665. 

conformity  to  local  laws  and  miners'  rules,  712. 

description,  665. 

filing  in  local  office,  665. 

with  application  for  patent,  662. 
mining  claim  in  application  for  patent,  662. 
must  embrace  surface  claim  with  vein  or  lode,  662. 
object  of,  662,  665,  666. 
posting  on  claim,  665. 

with  notice,  665. 
required  in  patent  proceedings,  712. 
showing  as  to  vein  or  lode,  662. 

surface  grornid  must  embrace  vein  or  lode,  662,  665,  666. 
DIAMONDS. 

as  valuable  mineral  deposits,  690. 

lands  valuable  for,  are  mineral,  8, 18. 
DILIGENCE. 

See  also  Actions  on  adverse  claims.  Annual  labor.  Patent  proceedings.  Tunnel, 
in  making  mining  location  to  protect  water  rights,  620. 
prosecution  of  adverse  proceedings,  468. 

patent  proceedings,  334,  552. 
tunnel  work,  168,  706. 
on  resumption  of  annual  labor,  234. 
tunnel  owner  protected  pending  prosecution,  168. 
unreasonable  delay  in  prosecution  of  patent  proceedings,  334. 
DIP  OF  VEIN. 

See  also  End  lines,  Extralateral  rights.  Intersecting  vein,  Mining  location,  Mining  rights. 

direction  of  vein  in  downward  course,  141. 

effect  on  ownership  at  point  of  intersection,  588. 

extralateral  rights  confined  to,  141. 

intersecting  veins,  588. 

meaning,  141. 

right  to  follow,  141. 

boimded  by  end  lines,  147. 

DISCOVERY. 

See  also  Coal  locations.  Mining  locations.  Patent,  Patent  proceedings.  Placer  locations,  Rock  in  place, 

Subsequent  discovery  of  mineral,  Vein  or  lode, 
after  entry,  799. 
amended  location,  182. 
as  an  entirety  or  unit,  66. 

as  condition  precedent  to  right  of  possession,  693. 


INDEX. 


1539 


DISCOVER  V  Conlinwed. 
as  foundut  ion  of  ( il  lo,  23. 
asplialluin  as  mineral,  SO. 

basis  for  locat  ion  of  lands  adjudged  to  bo  mineral,  6ft. 
single  location,  (>(). 
of  riglits,  66. 
belief  in  existence  of  minerals  insull'icient,  77. 
benefit  of  protected,  109. 
black  iron  as  mineral,  SO. 
by  one  associate  on  placer  location,  529. 
calcium  phosphate,  80. 
can  not  support  two  locations,  66. 
carbonate  of  lead  as  mineral,  80. 
certificate  of  surveyor  general  as  to,  650. 
cinnabar,  80. 

coal  necessary  to  entry,  769. 
comprehended  in  patent  proceedings,  65. 
cut  as  monument,  231. 
definition,  68. 

determination  before  entry  necessary,  23. 

in  suit  on  adverse  claim  accepted  by  department,  384. 
of  by  Land  Department,  79. 
determines  mineral  character  of  land,  626. 
discovery  points  excluded  in  placer  location,  511. 
distinction  between,  and  development,  74. 

improvements,  74. 
effect  as  to  tunnel  rights,  170. 

of,  in  railroad  lands  before  patent,  1136. 
loss  of,  in  patent  proceedings,  328. 

on  mining  location,  109. 
on  mineral  land  within  forest  reserve,  1167. 
protest  for  want  of  after  adverse  suit,  384. 

subsequent  discovery  of  mineral,  172,  299,  376,  425,  529,  565,  576,  599,  799,  835,  843,  1106,  1111, 
.     1146,  1169,  1174,  1177,  1183,  1203,  1232,  1263,  1283,  1365,  1374. 
want  of,  on  filing  adverse  claim,  379. 
when  near  lines  of  other  claim,  339. 
where  discovery  point  is  excluded,  70. 
within  tunnel,  166. 
entire  acreage  of  placer  not  acquired  by  single,  513. 
essential  elements  of,  67. 

to  legal  location,  23,  64,  67,  108,  181,  308,  649,  693,  694. 
mining  location,  35. 
placer  location,  95,  511,  529. 
support  placer  patent,  529. 
evidences  of  sufficiency,  74. 

evidence  sufficient  to  invalidate  location  for  want  of,  76. 

sustain,  76. 
evidences  to  determine  sufficiency  of,  75. 
extent  and  value,  75. 

of  ore  not  imposed  as  condition,  74. 
surface  ground  not  determined  by,  181. 
filing  certificate  may  precede,  72. 
finding  as  to,  in  action  on  adverse  claim,  384. 
first  discovery  in,  gives  locator  prior  right,  70. 

requirement  of  mining  statutes,  64. 
gilsonite  as  mineral,  80. 
implied  from  entry,  392. 

valid  location,  397. 
in  adverse  proceedings,  465. 
in  Alaska,  189. 

in  patented  claim  no  basis  for  patent,  69. 
in  shaft  as  basis  of  single  location,  66. 

middle  of  vein,  60. 

point  for  measuring  width,  60. 
determined  before  entry,  70. 
in  tunnel,  76. 

can  not  affect  surface  location,  171. 


1540 


INDEX. 


DISCOVERY— Continued, 
indivisible,  66. 

inferred  from  certificate  of  location,  79. 
circumstances,  79. 

development  of  vein  by  subsequent  workings,  79. 
long  tenure  of  claim,  79. 
manifestations  of  workings  done,  79. 

initial  act,  64. 
insufficient,  77. 
iron  oxide  as  mineral,  80. 
issue  tried  in  adverse  suit,  384. 
kidneys  of  copper  ore  insufficient,  78. 
kinds  of  minerals  and  instances,  80. 
Land  Department  determines  question  as  to,  79. 
limestone  not  a  mineral  to  support  location,  81. 
location  and  first  steps  to  initiate  rights,  694. 
necessary  to  complete,  71. 

may  follow  if  no  rights  intervene,  71. 

must  be  completed  to  give  right  of  possession,  71. 

supported  by  in  discovery  shaft,  540. 

void  for  want  of  and  remains  void,  64. 
locator  does  not  determine  character  of  mineral,  73. 

continuity  of  ore,  73. 
need  not  be  first  discoverer,  66. 
loss  of,  109. 

making  and  effect,  181. 
manganese  as  mineral,  80, 
marble  insufficient,  44,81. 
marking  bovmdaries  may  precede,  72. 
may  follow  location,  71, 

marking  of  location,  219, 
mere  indications  of  mineral  insufficient,  77. 
minerals  in  railroad  lands  before  patent,  1136. 
must  be  actual,  66, 

on  unappropriated  land,  65. 
give  evidence  of  presence  of  vein,  73. 
precede  location,  65. 
notice,  97, 
purchase,  24, 
nature  of  in  placer  claim,  512. 
need  not  precede  location,  71. 
no  fixed  amount  to  be  expended  in  making,  74. 
nonmetalliferous  ore^  68, 

nonmineral  subdivisions  not  acquired  by  single  placer,  540, 
no  presumption  of  from  marking  on  ground,  80. 

record  of  location,  80. 
no  rights  acquired  before,  64. 
not  prescribed  by  tunnel  act,  169. 
required  to  precede  location,  71. 
synonymous  with  development,  74, 
expenditure,  74. 
improvement,  74, 
used  by  third  person  for  adverse  location,  181. 
number  of  discoveries  in  placer  location,  513. 

on  placer  locations,  513,  539, 
object  of  requirement,  64. 
oil,  1044, 
lands,  1044, 
locations,  1045. 
on  hillside,  76. 

legal  subdivisions  of  placer  locations,  529. 
mountain  side,  76. 
placer  location,  529. 
subdivision  of  placer  location,  539. 
onyx  as  mineral,  81. 
order  of  steps  immaterial,  71. 
outside  of  location,  69. 


INDEX. 


154] 


DISCOVERY— Continued. 

parol  evidence  in  case  of  uncertainty,  228. 
paying  mine  not  contemplated,  7G. 
phosphate  rock  as  nnnoral,  81. 
point  of  as  fixing  surface  extent,  181. 
must  be  within  location,  649. 
not  sufficient  to  fix,  181. 
posting  notice  of  not  a  location,  50. 
prerequisite  to  patent,  308,  309. 

rights,  65,  308. 
present  or  prospective  value,  76. 
presumed  from  n^ining  location,  313. 
priority,  72. 

determines  right  of  possession,  72. 
proof  of  as  between  mineral  claimants,  79. 

and  agricultural  claimants,  79. 
to  on  each  20  acres,  529. 

place  of,  23. 
when  made,  23. 
based  on  actual  knowledge  necessary,  23. 
of  from  surrounding  circumstances,  79. 
general  direction  of  vein,  23. 
on  application  for  patent,  308. 
within  svuface  lines,  69. 
provision  of  statute  as  to  is  mandatory,  64. 
public  mineral  lands  opened  to  location  before,  109. 
quantity  sufficient  to  justify  miners  in  development,  73. 
question  of  fact,  78. 

recognized  by  local  rules  and  customs  of  miners,  23. 
rights  of  first  discoverer,  70. 
rock  in  place,  67. 

rule  as  to  applies  to  stone  locations,  1314. 

between  mineral  and  agricultural  claimant,  465. 
second  discovery  may  validate  and  include  ground,  161. 
shaft,  70. 

slight  indications  may  be  sufficient,  73. 
something  more  than  guess  necessary,  77. 
source  of  title,  66. 

to  mining  claim,  64. 
subject  to  local  rules  and  customs  of  miners,  23. 
subsequent  of  mineral,  843. 

to  title,  835. 
sufficiency,  24,  67,  73,  109. 

and  proof  on  application  for  patent,  308. 

value  to  justify  patent,  314. 
a  question  of  fact,  405. 

determined  by  size  of  vein  and  quantity  of  mineral,  75. 
of  as  to  oil,  1044. 
in  placer  claim,  511. 
placer  location,  392. 
tunnel,  76. 
on  placer  locations,  539. 
within  town  site  to  protect  possession,  1358. 
if  it  antedates  rights  of  others,  72. 
to  exempt  location  from  town-site  patent,  650. 
justify  expenditure  of  labor  and  money,  75. 
surface  indications  insufficient,  78. 
time  of,  may  be  immaterial,  24. 
tuimel  act  prescribes  no  condition  to,  169. 
for,  166. 

rights  not  dependent  on,  169. 
on,  166. 
validates  location,  71, 

validity  of,  within  boundaries  of  prior  location,  70. 
value  not  required  to  cover  all  expenditures,  7t). 

of  mineral  deposits,  75. 

not  imposed  as  condition,  74. 

to  support  may  justify  patent,  314. 


1542  INDEX. 

DISCOVER  Y— Continued . 

vein  must  have  apex  within  lines  of  surface  location,  108. 

or  lode  outside  of  placer  limits,  560. 
vested  rights  acquired  by,  94. 
want  of,  as  ground  for  cancellation  of  entry,  393. 
what  constitutes,  67,  314. 
who  entitled  to  benefits  of,  181. 
within  limits  of  claim  necessary,  35,  65,  68.  69,  181. 

gives  entire  width  of  vein,  67. 
prior  location,  109. 
DISCOVERY  CUT. 
See  also  Monuments, 
as  monument,  231. 
DISCOVERY  SHAFT. 

See  also  Discovery,  End  lines,  Overlapping  claims, 
as  a  means  of  discovery,  23. 
center  of  vein,  70,  106. 
compliance  with  statute,  70. 
labor  and  improvements,  241. 
performance  of  labor  on  consolidated  claim,  188. 
statutory  requirement,  70. 
determination  of  line  and  veins  from,  82. 
discovery  in,  as  middle  of  vein,  60. 

determined  before  entry,  70. 
on  overlapping  claims,  70. 

prior  location,  70. 
relates  back  to  original  location,  70. 
required  by  Colorado  statute,  23. 
sufficient,  70. 

talcen  as  point  for  measurement,  60. 
of  subsurface  vein,  107. 
effect  of  discovery  in,  23. 

when  located  on  existing  claim,  88. 

patented  claim,  88. 
end  line  passing  through,  323. 
located  upon  patented  claim,  70. 
location  of,  immaterial,  70. 

supported  by  discovery  in,  540. 
loss  of,  88. 

not  required  by  mining  statutes,  97. 
purpose,  70. 

requirements  subject  to  local  rules,  97. 

State  statute  giving  time  to  sink,  191, 192. 
DISMISSAL. 

See  also  Actions  on  adverse  claims. 

patent  proceedings  and  refiling,  713. 

termination  of  adverse  proceedings,  473. 
DITCHES. 

See  also  Canals,  Reservoirs,  Rights  of  way.  Water  rights. 

application  of  mining  statutes  to,  622. 

as  real  property,  613. 

easement  as  against  placer  claimant,  525. 

land  not  reserved  for  construction  of,  610. 

miner's  lien  in  Alaska  extends  to,  907. 

right  to  construct,  within  forest  reservation,  1163. 
rules  as  to,  in  Alaska,  901. 
owner  not  entitled  to  placer  patent  for,  525. 
presumption  as  to  appropriation  of  water  by,  612. 
right  of  way  for,  610,  613,  1190,  1228. 

in  Alaska,  902,  903, 1192. 
mining  purposes,  1192. 
on  public  lands,  1189. 
rules  as  to  transfer,  613. 
State  regulation  authorized,  641. 
use  of,  for  water  for  mining  protected,  609,  676. 
protected,  619. 


INDEX. 


1543 


DOWKR. 

Soo  also  Mining  location. 

dofcaliHl  by  patonl  ,  408. 

in  mining  claim,  33. 

none  in  abandoned  claim,  262. 
giiano  deposits,  859. 

no  right  of  as  against  gran  too  performing  labor,  250. 

title  to  mining  claim  not  burdened  by,  124. 
DOWNWARD  COURSE. 

See  also  Dip  of  vein.  End  lines,  Extralateral  rights.  Side  lines,  Veins. 

direction  of  vein  from  surface  from  center  of  earth,  141. 
underneath  the  surface,  141. 

meaning  as  applied  to  vein,  141. 

of  vein,  141. 

same  as  course  downward  of  vein,  141. 
dip  of  vein,  141. 

DREDGE. 

See  also  Annual  labor,  Expenditures,  Improvements,  Patent  proceedings. 

as  expenditures  on  mining  location,  546. 
DRILL  HOLES. 

See  also  Expenditures,  Improvements,  Patent  proceedings. 

available  as  improvements,  347. 
DUMMIES. 

See  also  Conspiracies,  Coal  entries.  Corporations,  Locators, 
coal  entries  by,  prohibited,  774. 

lands  not  acquired  through,  733. 
location  of  placer  claim  by,  528. 
placer  location  by,  536. 

proof  as  coal  conspirators  not  essential  to  convict  principals,  734. 
rights  of  innocent  locators  joined  with  dummy,  £37. 
DUMP. 

See  also  Rights  of  way.  Tailings,  Tunnel. 

ground  for  dumping  in  connection  with  tunnel,  167. 

dumping  ground  in  connection  with  tunnel,  167. 

ground  for,  in  connection  with  tunnel,  167. 

enforcing  liens  upon,  in  Alaska,  882. 

liability  for  removal  after  notice  of  lien  is  posted,  883. 

lien  of  miner  on,  in  Alaska,  880. 

marshal  may  wash  up,  to  satisfy  lien  in  Alaska,  882. 

penalty  in  Alaska  for  removing,  after  notice  of  lien  is  posted,  883. 

E. 

EARTHQUAKE. 

lands  and  minerals  injured  by,  revert  to  United  States,  1199. 

salines  excepted  from  New  Madrid  certificate,  1198. 
EASEMENTS. 

See  also  Alaska,  Rights  of  way.  Roads. 

acquiring  as  against  the  Government,  613. 

burden  to  patents,  622. 

canals  and  ditches,  612. 

ditches,  and  flumes  as,  613. 

change  in,  608,  609,  616. 

for  depositing  mining  debris  involves  no  federal  question,  621. 
percolating  waters,  613. 
tailrace,  608. 

granted,  if  in  accordance  with  local  rules  and  customs,  643. 
grant  of,  for  water,  612. 

junior  locator  has,  through  point  of  intersection,  589. 
locator  has  more  than  easement  in  surface,  22. 
mineral  patent  subject  to  railroad  right  of  way,  1189. 
mining,  608. 

location  as,  21. 
nature  of,  for  water,  616. 
none  for  deposit  of  mining  debris,  616. 
patent  subject  to,  622. 
protection  of  water  rights,  615,  616. 
reservation  of,  for  work  in  mine  inserted  in  patent,  608. 


1544 


INDEX. 


EASEMENTS— Continued. 

reserved  in  coal  leases  in  Alaska,  896. 

right  to  possession  and  purchase  of  mining  location,  21. 

settlers  may  acquire,  1228. 
relief  acts,  1228. 

sixty-foot  roadway  along  shore  line,  863. 

State  laws  relating  to,  608. 

statutes  may  grant,  for  work  in  mines,  608. 

tailrace  is  not,  608. 

time  of  acquiring,  616. 

water  rights,  612. 

working  mines,  608. 
EJECTMENT. 

See  also  Actions,  Equitable  title.  Possession,  Possessory  rights, 
adverse  claim  as  action  of,  442. 

will  not  operate  as  estoppel,  1361. 
as  form  of  action  on  adverse  claim,  453,  459. 
differs  from  action  on  adverse  claim,  451. 
distinct  from  action  on  adverse  claim,  430. 
effect  of  finding  defendant  guilty,  491. 
invalidity  of  patent  as  defense,  836. 

lies  for  mining  claim  tlurough  superior  title  in  Government,  832. 
locator  can  not  maintain  after  forfeiture,  257. 
possession  as  title  to  support,  121. 
possessory  rights  as  basis  for  maintaining,  704. 
proof  of  possession  as  against  a  stranger,  117. 
right  to  maintain  for  mining  location,  187. 
statute  of  limitations  as  defense  in  Alaska,  908. 
ELATERITE. 

excepted  from  Indian  land  leases,  1003. 
lands  containing,  excepted  from  Indian  allotment,  1003. 
reserved,  998. 

within  Indian  reservation  not  subject  to  location,  998. 
EMINENT  DOMAIN. 

See  also  Alaska,  Appropriation  of  land,  Corporations. 

corporations  authorized  to  exercise,  in  Alaska,  883. 

right  of,  in  operation  of  mines  in  Alaska,  903. 
EMPLOYEES. 

See  also  Bureau  of  Mines. 

authority  to  employ,  917. 

Bureau  of  Mines  may  employ,  917. 

compensation  for  injury,  918,  920. 
END  LINES. 

See  also  Extralateral  rights,  Mining  location,  Sidelines,  Surface  lines, 
adjustable,  146. 

application  of  provision  as  to  parallelism,  697. 

to  all  veins  within  location,  148. 
as  side  lines,  140,  150, 151. 
at  right  angles  with  strike  of  vein,  146. 
bind  extralateral  rights  to  all  veins,  147. 
changed  to  comply  with  statute,  146. 
courts  may  construct  at  proper  place,  146. 

keep  locator  within,  144. 

make  side  lines  of,  151. 
will  construct  at  proper  place,  146. 
cut  location,  145. 
define  extralateral  rights,  145. 

determine  direction  and  extent  to  which  vein  can  be  followed,  83. 

locator's  rights,  696. 
direction  of,  145. 

drawn  at  point  where  vein  passes  through  sidelines,  143. 
effect  on  extralateral  rights,  696,  700. 

when  not  parallel,  150. 
governing  extralateral  rights,  145. 
implied,  050. 

intended  to  cut  vein  at  ends  of  location,  145. 

judicially  constructed  where  vein  passes  through  side  line,  145. 


INDEX. 


1545 


END  LINES— Continuod. 

laid  on  surface  of  prior  coullictiiig  claims,  158. 

witliin  boundaries  of  patented  placer,  158. 
limit  extralatoral  rijjhts,  138. 

length  of  vein  in  location,  61. 
rights,  696. 

locator's  rights  on  strike  of  vein,  147. 
rights  of  locator  on  strike  of  vein,  139. 
limitation  on  extralatoral  rights,  652,  721. 
limited  to  two  as  to  all  veins  within  surface  boundaries,  148. 
located  by  agreement,  146. 

where  vein  passes  through  side  lines,  145. 
location  beyond  excluded  ground,  323. 

immaterial  to  prior  locator,  322. 
locator  may  follow  vein  on  dip  between,  148. 
must  cross  vein  at  right  angles,  61. 
not  changed  to  include  excluded  ground,  129. 

established  beyond  boundaries  of  excluded  ground,  146. 
made  as  a  matter  of  legal  inference,  83. 

such  in  law  unless  they  cross  the  vein,  83. 
of  discovery  vein  apply  to  all  veins  within  location,  149. 
of  original  vein  apply  to  all  veins  within  surface  location,  148. 
parallelism,  35,  59,  62,  650,  696. 

determines  extralateral  rights,  147,697. 
required,  149. 

to  avoid  difficulties,  652. 
part  of  side  line  can  not  be,  150. 
passing  through  discovery  shaft,  323. 
power  of  court  to  make  new,  144. 
presumption  after  patent,  152. 

as  to,  for  all  veins  apexing  within  surface  boundaries,  130. 
proper  location  of,  145.  ) 
provided  for,  696. 
required  by  implication,  650. 
requirements  as  to,  650. 

right  of  locator  to  draw  where  vein  crosses  side  lines,  83. 

vein  extending  from  one  to  other,  148. 

vertical  planes  of,  limit  extralateral  rights,  146. 
ENLISTED  PERSON. 

exemption  from  annual  labor,  288. 
ENTRY. 

See  also  Agricultural  entry,  Cancellation,  Coal  entry,  Mineral  entry.  Patent  proceedings, 
agricultural,  844. 

on  coal  lands,  816,  823. 
annual  labor  not  required  after,  249. 
as  a  waiver  of  additional  rights,  392. 
mode  of  acquiring  nonmineral  land,  391 
termination  of  rights,  392. 
assessment  work  not  required  after,  249. 
assignee  may  join  separate  claims,  533. 
assignment  of  coal  entry,  737. 
based  on  false  affidavit  is  fraudulent,  846 

subsequent  location,  395. 
cancellation,  398. 

annuls  patent  proceedings,  400. 

does  not  affect  possessory  title  of  locator,  400. 

determine  rights  of  other  applicants,  400. 
for  defects  in  proof,  398. 
if  made  after  expiration  of  calendar  year,  335. 

before  termination  of  adverse  suit,  398. 
must  be  for  erroneous,  to  obtain  repayment,  1220. 
new  application  necessary  after,  250. 
not  permitted  in  absence  of  adverse  claim,  399. 
of  mineral  entry  in  Colorado,  1283. 

subjects  land  to  relocations,  59. 
on  failure  to  prove  discovery,  393. 
performance  of  annual  labor  after,  250. 
56974°— Bull.  94,  pt  2—15  46 


1546 


INDEX. 


ENTRY— Continued, 
cash  for  coal  lands,  785. 
certificate  of,  397. 

character  of  land  open  until  final,  843. 
coal  for  benefit  of  association,  736. 
disqualified  person,  736. 

in  Alaska  not  affected  by  reservations,  911, 913. 

lands,  655. 

in  abandoned  military  reservations,  1179. 
quantity  permitted  to  an  association,  738. 

corporation,  739. 
one  person,  738. 
Commissioner  of  Land  Office  no  power  to  cancel,  400. 
compliance  with  mining  statutes  necessary,  314. 
conclusiveness  of,  397. 
conditions  precedent,  392. 
conforming  to  jugdment  in  adverse  suit,  487. 
correction  of  mistake,  321. 
definition  and  meaning,  391. 
determination  of  discovery  before,  70. 
discovery  implied,  392. 

of  mineral  after,  799. 
effect  and  validity,  391. 

as  a  determination  of  applicant's  compliance  with  laws,  391. 
of  adverse  claim  on  coal  entry,  778. 
cancellation,  398. 
conflicting  ground,  394. 
irregular,  393. 
suspension,  405. 

town  site  on  mining  location,  1381. 
on  extralateral  rights,  394. 
equitable  ownership,  395. 
equivalent  to  patent,  189. 
erroneously  allowed,  847. 

erroneous,  on  lands  reported  as  valuable  for  coal,  799. 

payments  refunded,  799. 
finding  of  Land  Department  as  to,  conclusive,  751. 
form  of  town  site  on  surveyed  lands,  1381. 
freedom  from  collateral  attack  ,397. 
hearing  before  cancellation,  398. 
homestead  on  coal  lands,  800. 

protected,  800. 
mineral  lands,  840. 
in  Alabama,  800. 
illegal  coal  cancelled,  735. 
implies  discovery,  392. 
interest  acquired  after,  393. 
irregular,  393. 

permitted  to  stand,  393. 
joint,  of  consolidated  claims,  532.  ^ 

placer  claims,  532. 
land  divided  by  patented  intersecting  lode,  395. 
lands  of  Southern  Pacific  without  notice,  1139. 
legal  subdivision  of  placer  claim  excepted,  392. 
locator's  right  to  make,  189. 
manner  of  securing  cash  for  coal  lands,  785. 
matters  implied  from,  392. 
meaning  of,  391. 

as  applied  to  coal  lands,  765. 
erroneously  allowed,  847. 
mineral  lands,  839. 

covered  by  homestead,  314. 
in  Alabama  reserved  from,  799. 

Black  Hills  Forest  Reservation,  1187. 
forest  reservation,  1187. 

reservations  in  Alaska,  1165. 
reservations^  1226. 


INDEX. 


1547 


ENTRY— Continued. 

minorul  lot'iition  a('(iuiros  no  right  as  against  existing,  87. 
mining  rights  not  initiatod  by  fraudulont,  52. 
must  be  made  within  calendar  year,  335. 
noncontiguous  claims,  395. 
no  relocation  after,  2G8. 

repayment  for  fraudulent,  847, 1220. 
not  canceled  for  mere  irregularities,  399. 

on  report  of  special  agent,  398. 
illegal  because  of  defective  nonmineral  aflidavits,  847. 
permitted  on  railroad  lands  after  patent,  1137. 
referred  to  board  if  illegal,  394. 
notice  of  determination  to  cancel  to  entry  man,  399. 

application  necessary,  393. 
number  of  coal  entries  by  one  entryman  in  Alaska,  889. 
on  stone  lands,  844. 

overlapping  claim  of  parallel  veins,  394. 
payment  of  price,  396. 

refunded  on  erroneous  coal  entry,  797. 
pending  adverse  suit  no  ground  for  cancellation,  472. 
placer  claims,  507. 

not  canceled  for  want  of  conformity,  543. 
practice  after  cancellation,  399,  400. 
preemption  on  agricultural  lands,  840. 

mineral  lands,  840. 
preference  right,  846. 
presumption  after,  391. 
priority  of  location,  394. 
proof  to  support,  391. 

quantity  of  mineral  lands  in  Alaska  permitted,  1379. 
railroad  lands  not  subject  to,  after  patent,  1137. 
reference  to  Board  of  Equitable  Adjudication,  394,  854. 
relocation  after  cancellation,  268. 
repayment  not  ordered  if  obtained  by  fraud,  847, 1220. 

of  price  when  erroneously  allowed,  847. 

on  cancellation,  1233. 

ordered  if  Government  can  not  complete  sale,  847. 
to  settler  if  erroneous,  1220. 

on  cancellation  of  mineral,  1233. 
when  erroneous,  1220. 
rights  on  payment  of  price,  396. 
right  to  patent  not  pursued  beyond  entryman,  392. 
sale  of  stone  lands  after,  1333. 
second,  of  coal  lands  permitted,  740. 
segregates  land  from  public  domain,  391. 

mineral  land  from  public  domain,  58. 
singla  only  permitted  for  coal  lands,  785. 
stone  lands  as  placer  claims,  1328,  1330. 

based  on  false  affidavit,  1319. 
surface  permitted  on  lands  withdrawn,  1393. 
suspended  to  require  compliance  with  regulations,  405. 
sustained  if  entryman  successful  in  adverse  suit,  487. 
title  acquired  after,  392. 
held  in  trust,  395. 
operates  by  relation,  398. 
town -site,  by  corporate  authorities,  1376. 

on  surveyed  lands,  1381. 
validity  depends  upon  facts  asserted,  391. 
of,  391. 

valid  location  implied  by,  397. 
void  in  Alabama,  799. 
ENTRYMAN. 

See  also  Citizen,  Citizenship,  Entry,  Locator,  Qualifications, 
qualifications  of  entryman,  753. 
who  is  within  meaning  of  repayment  act,  1220. 
EQUITABLE  ADJUDICATION. 

See  Board  of  Equitable  Adjudication. 


1548 


INDEX. 


EQUITABLE  ESTATE. 

See  also  Equitable  title,  Possessory  rights,  Possessory  title. 

nature,  396. 

right  to  enforce,  396. 
EQUITABLE  OWNER. 

applicant  is,  after  payment  of  price,  333. 

entry  and  payment  create,  397. 

performance  of  annual  labor  not  required  by,  395. 

possessory  title  makes,  121, 

right  to  patent,  332. 

what  constitutes,  332. 

who  is,  333. 
EQUITABLE  OWNERSHIP. 

arising  after  entry,  395. 

entry  creates,  395. 

title  held  in  trust,  395. 
EQUITABLE  TITLE. 

See  also  Mining  location,  Patent,  Possessory  rights,  Possessory  title. 

accrues  upon  purchase  and  entry,  185. 

actions  to  determine,  not  effective  by  amendment,  497. 

acquired  on  department's  approval  of  lieu  selections,  1176. 

created  by  mining  statutes,  408. 

payment  of  purchase  price,  396. 

exclusive  right  of  possession  of  mining  claim,  115. 

exercise  of  ownership  without  patent,  397. 

holder  entitled  to  patent,  397. 

mining  claim  held  by,  395. 

payment  of  price  gives,  397. 

prevails  against  person  with  notice  of,  396. 

selector  acquires  in  lieu  lands,  1176. 

to  mineral  lands,  402. 
ESTOPPEL. 

certificate  of  location  operates  as,  210. 

coowner  not  estopped  from  obtaining  title,  301. 

failure  of  interested  party  to  object  to  patent,  386. 
to  adverse,  436,  438. 

locator  estopped  from  denying  location  after  sale,  189. 

validity  of  location,  189. 

protection  of  relocation  provisions  denied,  270. 

second  locator  estopped  from  showing  located  land  was  mineral,  270. 

void  excepting  clauses  in  patent,  1138. 
EXCEPTIONS  IN  PATENT. 

See  Reservations  in  patent. 
EXCESSIVE  LOCATION. 

See  also  Area,  Mining  locations.  Placer  locations. 

effect  of,  90. 

in  placer  location,  538. 

excess  rejected,  695. 

placer  location,  538. 
EXPENDITURES. 

See  Annual  labor.  Improvements. 

proof  of,  to  enter  coal  lands,  752. 
EXPENSES. 

See  also  Deposit,  Fees,  Mineral  surveyors.  Survey,  Surveyor  general, 
contract  as  to,  with  surveyor,  578. 
enforcing  miners'  lien,  882. 
filing  proof  of,  577. 

fixed  by  Commissioner  of  General  Land  Office,  577. 

for  survey  of  mining  location,  579. 

placer  locations,  579. 

payment  by  applicant  for  survey,  579. 

recovery  on  foreclosure  of  lien,  882. 
EXPLOSION. 

See  Mine  explosion. 
EXPORTS. 

coal,  825. 


INDEX. 


1549 


EXTRALATERAL  RTOHTS. 

See  also  Dip  of  vein,  Knd  lines,  Mining  locations.  Possession,  Tunnel  locations,  Underground  rights, 
acquired  under  prior  acts  protected,  G87. 
additional  to  surface  rights,  58. 
adjoining  claim,  158. 

used  in  following,  159. 
placer  claim  not  subject  to,  524. 
adjustment  of  difficulties  arising  from,  135. 
affected  by  direction  of  end  lines,  700. 
affecting  jurisdiction  of  court,  1G3. 
applied  to  dip  and  not  to  strike  of  vein,  051. 
as  against  patentee  of  adjoining  land,  053. 
constructive,  134. 

easement  upon  adjoining  claims,  134. 
Federal  question,  103. 
to  all  veins  within  surface  location,  147. 
burden  of  proof  as  to,  154. 

conflicting,  154, 155. 
on  claimant  pursuing,  136. 
'  party  asserting,  134. 
claims  adjoining  used  in  following,  159. 
conferred  by  valid  location,  113. 
confined  to  dip  of  vein,  140. 
conflicting  rights  as  to,  158. 

conflicting  claims  not  subject  of  adverse  claim  if  no  surface  conflict,  158. 
conflicts  and  preference,  155. 
continuity  of  vein  essential  to,  152. 
controlled  by  end  lines,  651. 

surface  ownership,  139. 
conveyed  by  patent,  667,  721. 
cross  locations  and  effect  on,  144. 
defeated  by  want  of  parallelism  of  end  lines,  85. 
depend  on  dip  of  vein,  142. 

location  of  apex,  147. 
dependent  on  parallelism  of  end  lines,  697. 

possession  of  apex,  136. 

proof  of  validity  of  surface  location,  58. 
determination  in  absence  of  surface  conflict,  394. 
case  of  conflict,  155. 

of  conflicting  rights,  158. 
determined  by  construction  of  new  end  lines,  152. 

surface  location,  58. 
dip  of  vein  determines,  140. 
distinct  from  intralimital  rights,  134, 
distinction  between  lode  and  apex  as  to,  106. 
distinguished  from  intralimital  rights,  113. 
effect  as  against  town-site  patent,  1378. 
of  acceptance  of  patent,  699. 
end  lines  on,  696. 

reservations  inserted  by  Land  Department,  135. 
vein  passing  through  side  line,  142. 
want  of  parallelism  of  end  lines,  667. 
on,  of  extra  surface  width  of  vein,  67. 

surface  rights,  135. 
where  end  lines  are  not  parallel,  150. 
group  claims  are  patented,  414. 
side  1  ine  becomes  end  line,  135. 
vein  crosses  one  end  line  and  one  side  line,  142. 

departs  and  then  returns  to  claim,  142, 143, 
width  of  vein  exceeds  location,  67. 
end  lines  define,  145. 

determine,  145. 

where  vein  passes  through  side  lines,  143. 
exception  of  common-law  rule,  103. 
extend  into  adjoining  land  subsequently  sold,  136. 

through  two  or  more  adjoining  claims,  140. 

to  consolidated  locations,  134. 


1550 


INDEX. 


EXTRALATERAL  RIGHTS— Continued, 
extent  and  nature,  65, 134. 

of  tunnel  owner's  rights,  173. 
fixed  by  course  of  vein  at  surface,  137. 

statute,  134. 
follow  patent  under  miner's  rules,  665. 
following  vein  into  agricultural  lands,  154. 

placer  claims,  154. 
given  by  miner's  regulations,  643. 

without  parallelism  of  end  lines,  651. 
governed  by  location  of  end  lines,  145. 
grant  of  surface  as  property  of  locator,  58. 
granted  by  mining  statutes,  134,  702. 
patent,  413. 
statute,  702. 
identity  of  vein  essential  to,  140,  152. 
interlacing,  158. 

irregular  location  and  effect  on,  144. 
junior  locator's,  156. 
limitations  on,  58, 102, 139. 
limited  by  dip  of  vein,  141, 

end  lines  of  location,  142. 

vertical  planes  drawn  downward  through  end  lines,  146,  721. 
to  dip  of  vein,  141. 
length  of  location,  141. 
locator  or  his  successor,  134. 
vein  on  dip,  667. 
lines  laid  on  existing  location,  157. 

location  under  original  act  and  patent  under  amended  act,  667. 
locators'  relative  rights,  157. 

right  to  follow  vein  through  side  lines,  58. 
miner's  rules  as  to,  not  enlarged  by  statutes,  652. 
must  be  pursued  through  adjoining  claim  below  surface,  158. 
nature  and  extent,  134,  651. 
none  on  blanket  vein,  141. 

strike  of  vein,  142,  699. 
triangular  location,  145. 
not  affected  by  patent,  159. 

surface  width  of  vein,  67. 
applied  to  intralimital  rights,  134. 
bounded  by  downward  planes  of  side  lines,  137. 
conferred  by  trespass,  89. 
defeated  by  mistake  in  location,  141. 
dependent  on  length  of  vein  in  claim,  140. 
extended  by  construction,  110. 
granted  by  section  2325,  291. 
limited  by  degrees  of  dip  of  vein,  142. 

to  single  location,  134. 
restricted  by  construction,  110. 
of  all  veins  limited  to  location,  148. 
on  dip  but  not  on  strike  of  vein,  699. 

veins  within  and  without  location,  129. 
origin  and  extent,  102. 

owner  can  not  enter  on  surface  of  adjoining  claim,  158. 
patent  as  a  grant  of,  413. 
conveys,  721. 
does  not  affect,  159. 
no  evidence  of  determination  of,  413. 
preference  in  senior  locator,  155. 
protected  by  statute  without  adversing,  444. 
provisions  for ,  699. 

relating  to,  24. 
relative  rights  of  locators,  157. 
right  to  follow  vein  as  incident  to  location,  159. 

depends  on  continuity  and  identity,  152. 
not  dependent  on  patent,  159. 
under  original  act,  047. 
upon  its  dip,  699,  700. 


INDEX. 


1551 


EXTRALATERAL  RIO  II TS— Continued, 
rights  as  agixinst  patontoo,  G53. 

not  impaired  by  change  of  statute,  680. 
of  junior  locator,  150. 

senior  and  junior  locators,  157. 
tunnel  owner,  173. 
secured  by  location  lengthwise  of  vein,  138. 
senior  locator  has  preference  rights,  155. 
strike  of  vein,  142. 

terminates  where  it  passes  through  side  line,  143. 
superior  to  possessory  rights,  135. 
surface  ownership  controls,  139. 
trespass  in  pursuing,  100. 
tunnel  not  permitted  in  following,  159. 
use  of  adjoining  claims  in  following,  159. 

surface  of  adjoining  claim,  158. 
vein  extending  into  agricultural  land,  154. 
extending  into  placer  claim,  154. 
not  extending  to  end  lines,  148. 
passing  through  side  line,  142. 
wholly  below  surface,  158. 
yield  to  adverse  possession  of  third  person,  134. 

F. 

FEDERAL  COURTS. 

See  also  Actions  on  adverse  claims,  Courts,  Jurisdiction,  State  courts, 
change  in  rule  as  to  jurisdiction,  163. 
determination  of  water  rights  not  within,  021. 
jurisdiction,  34.  ^ 
determined  by  amount  in  controversy,  103. 

citizenship,  163. 
in  adverse  suits,  385. 

case  of  conflicting  location,  163. 
water  rights,  021 . 
of  courts,  281. 

to  determine  vein  or  lode,  48. 

suit  on  adverse  claim,  385. 
FEDERAL  QUESTION. 

actions  on  adverse  claims,  385. 

affecting  jurisdiction  of  courts,  103,  281. 

arising  where  veins  intersect,  592. 

commencement  of  adverse  suit  is  not,  449. 

conflicting  locations  as,  103. 

determination  of  vein  or  lode  is  not,  48. 

effect  on  jurisdiction,  450. 

Federal  jurisdiction,  385. 

intersecting  veins  as,  592. 

jurisdiction  in  case  of  intersecting  veins,  592. 

location  on  public  land  is  not,  450. 

matters  relating  to  validity  of  location  not,  456. 
water  rights,  021. 

ownership  of  minerals  in  intersecting  veins  as,  103. 

parallelism  of  end  line  a?,  103. 

possession  of  mining  claim  as,  34. 

priority  of  possession  of  water  not,  021. 

resumption  of  work  as,  281. 
FEE. 

See  also  Conveyance,  Sale,  Title. 

conveyance  by  miner  by  title  though  fee  in  Gorernment,  123. 
FEES. 

See  also  Deposit,  Expenses,  Survey. 

adverse  claimant  as  protcstant  on  failure  to  pay,  717. 

deposit  of  in  application  for  patent,  000. 

failure  of  adverse  claimant  to  pay,  717. 

to  pay  does  not  affect  jurisdiction,  454,  461. 
filing  adverse  claim,  833. 


1552 


INDEX. 


FEES— Continued. 

for  filing  notice  of  miner's  lien  in  Alaska,  881. 
indexing  notice  of  miner's  lien  in  Alaska,  881. 
recording  notice  of  miner's  lien  in  Alaska,  881. 

register  and  receiver  in  patent  proceedings,  833. 

same  as  under  homestead  laws,  666. 
FIELD  NOTES. 

See  also  Mineral  surveyors.  Survey,  Surveyor  general. 

as  furnishing  locus  of  claim,  320. 

filing  with  application  for  patent,  289. 

surveyor  to  make,  289. 
FIRE  CLAY. 

See  also  Clay,  Discovery,  Minerals. 

as  mineral,  1116. 

effect  of  presence  in  stone  lands,  1314. 
lands  containing  as  mineral  lands,  689. 

excepted  from  railroad  grant,  1154. 
valuable  for  excluded  from  railroad  grant,  1116. 
are  mineral,  18. 
locatable  as  placer  claim,  518. 
no  bar  to  entry  of  stone  lands,  1314. 
FISSURE. 

See  also  Discovery, 
cinnabar  found  in,  38. 
found  in  surrounding  rock,  41. 
traceable,  41. 

vein  or  lode  not  a  typical,  32. 

veins  and  lodes  may  lie  in,  41. 

what  constitutes,  107, 108. 
FLOATING  CLAIMS. 

See  Swinging  claim. 
FLORIDA. 

See  also  Railroad  grants,  Salines,  Salt  springs,  State  grants, 
grant  of  salines  to,  1254. 

salt  springs  to,  1255. 

limited  to  twelve,  1255. 
mineral  lands  excepted  from  homestead  act,  1090. 

railroad  grant,  1265. 
minerals  excepted  from  railroad  gi'ant,  1265. 
phosphate  lands  excepted  from  railroad  grant,  1265. 
salt  springs  excluded  where  private  rights  are  vested,  1255. 
FLUMES. 

See  also  Alaska,  Canals,  Crime,  Ditches,  Liens,  Rights  of  way. 

as  a  building  or  structure  subject  to  miner's  lien  in  Alaska,  907. 

construction  as  annual  labor,  248. 

corporations  authorized  to  construct,  in  Alaska,  883. 

criminal  liability  for  robbing  or  destroying,  in  Alaska,  909. 

laborer's  lien  in  Alaska,  903. 

miner's  lien  in  Alaska  extends  to,  9j7. 
rules  as  to,  in  Alaska,  901. 

right  of  way  for,  in  Alaska,  902,  903,  1192. 

mining  purposes,  613,  1192. 
protected,  623. 

state  regulation  authorized,  641. 
FORCE. 

See  Mining  locations,  Trespass. 
FOREIGN  CORPORATION. 

See  Corporation. 
FOREST  RESERVATIONS. 

See  also  Reservations. 

authority  of  local  land  officers  over  selections  within,  1170. 

colorable  raining  claims  can  not  secure  right,  1167. 

conditions  for  lieu  selections,  1171. 

contest  between  selector  and  oil  placer  locator,  1172. 

effect  of  certificate  of  local  land  officers  as  to  selections  within,  1170. 

exchange  of  lands  and  lieu  selection,  1180. 

improper  use  of  mining  claim  within,  1168. 


INDEX. 


1553 


FOREST  RESERVATIONS— Continued. 

lieu  selection  must  bo  vacant  and  nonmiueral  public  lands,  1171. 
mineral  claimants  not  affected  by  proceedings  in  Land  Office,  1168. 
lands  not  selectable  as  lieu  lands,  1177. 

within,  restored  to  public  domain,  1167. 

subject  to  raining  locations,  1167. 
miners  restricted  from  cutting  timber  within,  1163. 
nonmineral  affidavit  on  selection  of  lieu  lands  within,  1171. 
relinquishment  and  selection  of  vacant  lieu  lands,  1174. 
selection  of  lieu  lands  under  regulation,  1170, 1171. 

within,  1169,  1170. 
selections  within,  1170. 

void  as  a  delegation  of  legislative  power,  1166. 
FORFEITURE. 

See  also  Abandonment,  Aimual  labor.  Coal  locations,  Coowner,  Improvements,  Mining  locations, 

Resumption  of  work, 
abandonment,  256. 

and,  differ,  255. 
abstract  of  title  as  part  of,  258. 
acts  of  third  persons  necessary  to  constitute,  256. 
burder  of  proof  as  to,  258, 

on  agricultural  claimant,  845. 
party  alleging,  316. 
coal  lands  on  failure  to  file  declaratory  statement,  778. 

give  notice  or  pay,  770. 

completion  of,  266. 

consists  in  consequences  attached  by  law  to  certain  acts,  255. 
coowner's  failure  to  contribute,  255. 
interest,  177. 

acquired  by,  278. 
right  to  make,  254. 
convincing  proof  to  enforce,  258. 
created  by  statute,  257. 
different  from  abandonment,  257. 
distinct  from  abandonment,  255,259. 
effect  of,  653. 

failure  to  perform  armual  labor,  255,  256. 
on  rights  and  title  of  coowner,  276,  277. 
transfer  to  unqualified  person,  31. 
ejectment  by  original  locator  after,  257. 
entry  of  stone  lands,  1322. 
failure  to  comply  with  conditions,  704. 

miners'  rules  no  ground  for,  653. 
perform  annual  labor  within  time,  240,  251. 

assessment  work  is  absolute,  255,  256. 
statutory  requirements,  114. 
work,  255. 
fraudulent  coal  locations  in  Alaska,  891. 
ground  open  to  relocation,  267. 
grounds  of,  255. 

incomplete  until  claim  is  occupied  by  another,  261. 
intention  of  locator  not  an  element,  255. 
interested  persons  can  not  create  by  neglect,  256. 
interest  of  coowner,  177,  276. 

delinquent  deceased  owner,  257. 
method  provided  for  coowner  to  enforce,  274. 
mining  claim,  254. 

none  as  between  locator  and  Government,  256. 
not  favored,  254. 

not  permitted  by  locator's  delinquency  and  relocation,  257. 
until  one  year  after  entry,  268. 
used  in  mining  statute,  254. 
occurs  at  termination  of  statutory  period,  257. 
of  water  rights,  620. 

on  failure  to  perform  annual  labor  in  Alaska,  878. 

original  locator  estopped  to  question  validity  of  relocation,  255. 

plea  of,  as  admission  of  valid  location,  254. 


1554 


INDEX. 


FORFEITURE— Continued. 

practice  in  proceedings  to  forfeit  coowner's  interest,  277. 
proceedings  by  coowner  to  obtain,  273,275,276. 
proof  to  forfeit  coowner's  interest,  277. 

must  be  clear  and  convincing,  257. 

to  establish,  257,  276. 
provisions  for,  704. 
railroad  lands,  1145. 

relief  denied  after  long  delay,  257.  -  ^ 

relocation  after,  257. 

can  not  be  made  until,  254. 
representation  work  saves,  698. 
resumption  of  annual  work  prevents,  251,  256. 
right  of  way  for  use  of  water,  620. 

to  after  expiration  of  time  for  performing  work,  251. 
rights  acquired  by,  278. 

initiated  during  period  of  abandonment,  254. 
stakes  set  on  prior  location  no  ground  for,  255. 
statutes  strictly  construed  in  aid  of,  254. 
title  acquired  by,  277. 

tunnel  rights  on  failure  to  prosecute  diligently,  168. 

unearned  railroad  lands,  1145. 

what  constitutes,  255. 
FORGERY. 

See  also  Title. 

evidences  of  title,  855,  856. 
FORT  SMITH  AND  WESTERN  COAL  RAILROAD. 

railroad  grant,  1190. 
FOSTER  LEASE. 

assignment  to  Indian  Territory  lUmninating  Oil  Co.,  1022. 

extension  of,  1022. 

Indian  lands  for  oil,  993. 
FRAUD. 

See  Mining  locations.  Trespass. 

acquiring  coal  lands  by,  733. 

acquisition  of  excessive  quantity  of  coal  lands  by,  738. 

as  basis  of  adverse  claim,  436. 

coal  entries  procured  by,  set  aside,  733. 

location  by  dummies  as,  536. 

G. 

GAS. 

See  Oil  and  gas.  Oil  lands.  Oil  leases. 
GEBO  MINE. 

authority  to  lease,  828. 
lease  of,  828. 

mined  by  Owl  Creek  Coal  Co.,  828. 

operation  of,  828. 
GENERAL  LAND  OFFICE.  « 

See  Land  Department. 
GEOLOGICAL  SURVEY. 

See  also  Coal  lands.  Price. 

ascertains  price  of  coal  lands,  750. 
GILSONITE. 

See  also  Discovery,  Indian  lands.  Minerals. 

area  of  location,  998. 

excepted  from  Indian  land  leases,  1003. 

included  in  mining  statutes,  80. 

lands  containing,  excepted  from  Indian  allotment,  1003. 
reserved,  998. 

within  Indian  Reservation  not  subject  to  location,  998. 

not  locatable  as  oil  location,  1046. 
GLACIER  NATIONAL  PARK. 

See  also  Reservations. 

acceptance  of  cession  from  Montana,  1183. 

minerals  in  protected,  1183. 
GOLD. 

as  mineral,  35. 

subject  to  location,  35. 


INDEX. 


1555 


GOVERNMENT  EMPLOYEES. 

See  also  Burofin  of  Minos. 

compensation  for  injury,  918. 
GRANITE. 

See  also  Minerals,  Placer  locations,  Stone, 

enterable  as  placer  claims,  1331. 

excluded  from  railroad  grant,  1116. 

lands  valuable  for,  locatable  as  placer  claims,  1331. 

under  timber  and  stone  act,  1314. 
not  subject  to  forest  lieu  selection,  1331. 

GRANT. 

See  also  Conveyance,  Mining  locations,  Patent,  Railroad  grants.  Sale,  Salines,  Salt  springs,  School 

grants.  State  grants.  Title, 
conveyance  of  all  rights  under  mining  statute,  112. 
mineral  lands  not  included  in  Government  grants,  631. 
minerals  in  place  are  of  right  to  extract  minerals,  413. 
mining  location  as  statutory  grant,  26. 

grant  of  easement  from  Government,  21. 
of  water  rights,  610. 
title  to  surface  and  veins,  119. 
to  assigns  of  mining  location,  112. 

heirs  of  mining  location,  112. 
water  rights  granted,  610. 

words  of,  under  statute  are  comprehensive  and  technical,  112. 
GRANTEE. 

See  also  Assignors  and  assignees.  Patentee. 

exclusive  right  to  mining  claim  passes  to,  126. 
GRAVEL. 

beds  of  not  subject  to  selection  by  railroad,  1189. 
lands  containing  not  locatable  as  placer  claims,  520. 

valuable  for,  not  subject  to  location,  1332. 
meaning  with  reference  to  mineral  land,  839. 
not  mineral,  20,  839. 

ordinary  deposits  of,  do  not  make  lands  mineral,  839. 
GREAT  SALT  LAKE. 
See  also  Desert  lands. 

desert  land  entry  not  permitted  on  margin  of,  1202. 
GROUP  CLAIMS. 

See  also  Annual  labor.  Improvements,  Patent,  Patent  proceedings. 

abandonment  of  one,  261. 

amount  of  expenditure  required  on,  350. 

apportionment  of  improvements  to,  351. 

as  entirety  for  purpose  of  annual  labor,  246. 

assestment  work  on  one,  177. 

development  work,  245. 

entry  of  noncontiguous  claims,  395. 

improvements,  241. 

for  common  benefit,  351. 

on  one,  177. 

outside  of  claim,  244,  247. 
included  in  one  patent,  406. 
must  be  contiguous  for  work  on  one,  245. 
one  notice  sufficient  for  all,  359. 
patentee's  extralateral  rights,  414. 
performance  of  annual  labor,  235,  241. 
proof  as  to  expenditures  before  patent,  406. 

of  ab  ndonment  of  one  in  patent  proceedings,  499. 
siu^ey  and  tie  line  within  2-mile  limit,  340. 
system  of  development  work,  245. 
tie  line  to  monument,  342. 
value  of  annual  labor  on  one  claim,  245. 

improvements  on  one  claim,  245. 
work  done  on  one  for  development  of  all,  245. 

on  one  for  benefit  of  all,  245, 246. 
GRUBSTAKE  CONTRACTS. 

See  also  Locators,  Coowners,  Mining  locations. 

agreements  under,  55.  * 


1556 


INDEX. 


GRUBSTAKE  CONTRACTS— Continued. 

effect  of  oral  contract  to  locate  mining  claim,  55. 

oral  not  within  statute  of  frauds,  55. 

proof  sufficient  to  enforce,  55. 
GUANO. 

amended  act,  859. 

as  mineral,  332,  859. 

construction  of  statute,  858. 

discovery  of,  859. 

dower  interests  do  not  attach  to  deposits,  859. 

jurisdiction  of  United  States  extends  to  Navassa  Island,  858. 

lands  containing  deposits  excepted  from  Utah  grant,  1295. 

valuable  for,  are  mineral,  8,18,19. 
location  and  patent,  332. 
original  act  amended,  857. 
rights  of  discoverer,  859. 
statute  for  mining  guano  constitutional,  858. 
title  of  discoverer,  859. 
validity  of  statute,  858. 
GYPSUM. 

See  also  Discovery,  Minerals, 
as  mineral,  332. 

lands  containing  as  mineral  lands,  689. 
valuable  for,  are  mineral,  8, 19. 

not  selectable  in  lieu  of  school  sections,  1262. 
subject  to  State's  selection,  1298. 
location  and  patent,  332. 
not  included  in  salines,  1211. 

H. 

HEARING. 

See  also  Burden  of  proof.  Land  Department,  Patent  proceedings, 
allegation  sufficient  to  justify,  316. 
burden  of  proof.  814. 

character  of  coal  lands  determined  on,  1282. 
coal  lands,  813. 

determination  of  agricultural  or  mineral  character  of  land,  625. 
mine  drained  by  Sutro  Tiumel,  1386. 
mineral  character  of  lands,  314,  G90,  842. 

in  town-site  entry,  1364. 

patent,  1372. 

coal  lands,  741. 

lands  designated  as  agricultural,  627. 

in  railroad  grant,  1103. 
oil  lands,  1048. 

good  faith  of  homestead  applicant  for  coal  lands,  813. 
mineral  character  of  lands,  813. 

claimant  not  requii-ed  to  readjudicate,  316. 
mining  debris  commission  may  order  to  determine  conditions,  943. 
not  ordered  on  protest  after  classification,  1155. 
oil  lands,  1048. 
protestant's  right  to,  388. 

rehearing  not  ordered  after  character  of  land  determined,  333. 

right  of  town-site  occupant  to,  1381. 

termination  of  character  of  land  in  final  entry,  1226. 

to  determine  applicant's  compliance  with  statute,  404. 

character  of  land,  690. 

on  filing  adverse,  488. 

legality  of  entry,  398. 

mineral  character,  843. 

salines,  1212. 

salt  springs,  1212. 
town-site  occupant  entitled  to,  1381. 
when  ordered  after  final  judgment,  316. 
HEIRS. 

See  also  Application  for  patent,  Locators,  Mining  locations, 
duty  to  adverse,  439. 
effect  of  grant  to,  112. 


INDEX. 


1557 


HEIRS-Continued. 

exclusive  right  to  mininR  location  pusses  to,  126. 
extent  of  inheritance,  126. 
inherit  as  coowners,  275. 

rights  of  deceased  ancestors,  126. 
inheritance  of  mining  claims,  93, 188. 
may  acquire  title  to  coal  lands  in  Alaska,  890. 
of  good  faith  coal  locators  in  Alaska  may  perfect  entry,  890. 
patent  issued  to,  on  death  of  api)licant,  301. 
proof  as  to  citizenship,  28. 

resumption  of  work  by,  to  prevent  forfeiture,  251. 
right  to  inherit  granted,  126. 
rights  in  mining  claims,  126. 
HIGHWAY. 

See  also  Alaska,  Rights  of  way,  Roads,  Wagon  roads, 
reservation  for  along  shore,  863. 
HOMESTEAD. 

See  also  Agricultural  lands,  Burden  of  proof.  Mineral  claimant,  Mineral  lands,  Tublic  lands, 
action  to  quiet  title  as  against  mineral  applicant,  864, 
adverse  claim  against  mineral  claimant,  846. 
affidavit  as  to  nonagency,  1226. 
agricultural  claimant's  rights,  626. 

entries  protected,  625. 
application  for,  on  coal  lands,  822. 

of  settlers'  relief  act  to,  in  Alabama,  1231. 
applicant's  failure  to  appeal  will  not  bar  right,  317. 
appropriation  of  mineral  lands,  839. 
attack  on  entry  by  mineral  claimant,  843, 
burden  of  proof  as  to  character  of  land,  625. 
cancellation  of  coal  entry  as  to  noncoal  subdivisions,  845. 
character  of  land  determined  by  Land  OfTice,  870. 
contest  between  homestead  and  oil-land  claimant,  1047. 

with  mineral  claimant,  1047. 
defective  notice  of  final  proof  will  not  aflfect  entry,  845. 
determination  of  mineral  character  of  land  taken,  1226. 
discovery  of  mineral  after  final  certificate  will  not  affect,  843. 
effect  of  placer  location  of  same  land,  844. 

subsequent  discovery  of  stone,  844, 
where  tracts  are  noncontiguous  because  of  mining  location,  846, 
entry  canceled  on  proof  of  mineral  character  of  land,  843. 

defeated  by  proof  of  known  mineral  character  of  land,  845. 
not  declared  fraudulent,  842. 

a  sale  imtil  completed,  843. 
on  coal  lands  before  classification  protected,  821. 
mineral  lands,  840. 

in  Alabama,  800. 
stone  lands,  844, 
restricted  to  lands  containing  no  valuable  mines,  626. 
entryman  may  demand  hearing  as  to  mineral  character,  814. 

must  take  notice  of  mining  location,  846. 
homesteader  can  not  cut  timber  on  stone  lands,  1325. 
inquiry  as  to  mineral  character  not  ordered,  845. 
lands  must  be  of  known  mineral  character  to  be  excepted,  839. 
mineral  and  agricultural  claimants,  532. 

application  for,  not  permitted,  532. 
character  of  land  taken,  1226. 
claims,  869. 

lands  ceded  by  Indians  not  subject  to,  959. 
excepted,  1090. 

from,  in  Alabama,  793. 
statute,  839. 

mining  claims,  863. 

locations  upon,  1127. 
mistake  of  local  officer  will  not  bar  applicant's  right,  317. 
no  patent  after  mineral  discovery,  626. 
nonmineral  affidavit  required,  801. 

lands  in  Alabama,  801, 


1558 


INDEX. 


HOMESTEAD— Continued, 

not  permitted  on  placer  claims,  516. 

objects  of  section  2341 ,  624. 

on  lands  designated  as  agricultural,  627. 

mineral  lands  recognized  as  between  rival  claimants,  800. 
only  known  mines  will  prevent  entry,  314. 
patent  for,  not  canceled,  822. 

granted  in  absence  of  proof  of  mineral  character,  814. 

must  make  reservations  of  coal,  821. 

subject  to  water  rights,  622. 

void  for  lands  containing  known  mine,  836. 
preemption  on  mineral  lands,  840. 

preference  right  on  lands  formerly  returned  as  mineral,  624. 

proof  as  to  character  of  lands,  625. 

of  mineral  character  of  land  sufficient  to  overthrow,  845. 

relative  rights  of  homestead  and  mineral  claimants,  545. 

relinquishment  of  entry  on  lands  withdrawn,  1388. 

restricted  patent  to  coal  lands,  813. 

right  of  claimant  as  against  placer  claimant,  842. 
entry  as  against  transient  miner,  842. 
entryman  to  patent  for  coal  lands,  813. 
homesteader  to  cut  timber  on  stone  lands,  1325. 

rights  on  nonmineral  Indian  lands,  953. 
protected  in  Alabama,  800. 

second  entry  after  relinquishment  not  permitted,  1388. 

settlement  prior  to  cancellation  of  mineral  entry,  846. 
protected,  625. 

settlers'  relief  act  as  to,  1226. 

subject  to  vested  water  rights  for  mining,  616. 
water  rights,  676. 

surveyor-general's  return  as  to  character  of  land,  625. 

suspension  pending  offer  under  Alabama  act,  801. 
HOMESTEAD  CLAIMANT. 

burden  on  erroneous  allowance  of  mineral  application,  314. 

discovery  of  mineral  not  sufficient  to  defeat,  316. 

no  discrimination  in  favor  of  mineral  claimant,  975. 

not  required  to  adverse  mineral  application,  374. 
HOMESTEAD  ENTRY. 

application  not  suspended  for  filing  nonmineral  affidavit,  847. 

delay  immaterial  in  absence  of  intervening  right,  847. 

effect  of  application  without  nonmineral  affidavit,  847. 
on  mining  land,  1322. 

not  illegal  because  of  defective  nonmineral  affidavits,  847. 

no  vested  right  as  against  mining  locations,  1322. 

on  ceded  Indian  lands,  1186. 

proof  of  mineral  character  sufficient  to  defeat,  314. 

repayment  on  cancellation,  847. 
HORSES. 

meaning  and  effect  in  mine,  108. 
HOT  SPRINGS. 

See  also  Salines,  Salt  springs. 

reservation,  1159. 

rights  of  claimants  under  lease,  1159. 
lessees,  1159. 
HYDRAULIC  MINING. 

See  also  California  Debris  Commission,  Debris  deposits.  Riparian  rights. 
California  Debris  Commission  may  permit,  942, 
conditions  for  obtaining  permission  in  California,  942. 

on  which  permit  granted,  942. 
debris  commission  authorized  to  prevent  injuries  to  navigation,  941. 
depositing  debris  in  streams  prevented  by  injunction,  944. 
duty  of  debris  commission  in  California,  941. 
grant  by  ddbris  commission  not  conclusive  on  State  courts,  943. 
hearing  to  enable  commission  to  determine  condition  for,  942. 
impounding  mining  debris,  943. 


INDEX. 


1559 


H Y 1) K A V  Lie  MI  NI N CJ  —Con t  imied. 

injunction  refused  after  permission  by  court,  944. 
to  prevent  injury  from,  943. 

though  party  subject  to  penalty,  944. 
jurisdiction  of  California  Ddbris  Commission  over,  941. 

State  courts  to  prevent  injury  from,  943. 

superior  to  debris  commission,  943. 
liability  for  injuries  by  not  relieved  by  dt^bris  act,  940. 
notice  to  property  owners  of  petition  to  commission,  943, 
performance  of  conditions  prescribed  by  commission  necessary,  943. 
permission  granted  by  court,  942. 

of  debris  commission  necessary,  942. 
to  mineral-land  owners  on  condition,  942. 
power  of  Congress  to  prevent  obstructions  to  navigation,  940. 

courts  over,  943. 
practice  in  obtaining  consent  of  debris  commission,  943. 
prohibited  if  injurious  to  Sacramento  and  San  Joaquin  Rivers,  941. 
when  injurious  to  streams,  941. 
where  injurious  to  navigation  in  California,  940. 
regulated  by  California,  940. 
HYDRAULIC  POWER. 

See  also  Hydraulic  mining,  Liens. 

as  a  building  or  structure  subject  to  miner's  lien  in  Alaska,  907. 
miner's  lien  in  Alaska  extends  to,  907. 

I. 

IDAHO. 

appropriation  for  classification  of  mineral  lands,  1156,  1157. 

classification  of  railroad  lands  within,  1152. 

lands  in,  withdra^^•n  for  coal  classification,  1392. 

minerals  excepted  from  grant,  1292. 

nonmineral  lands  only  granted,  1292. 

notice  of  State  selection,  1292. 

practice  in  action  on  adverse  claims,  459. 

publication  of  notice  of  State  selection,  1292. 

residents  may  cut  timber  on  mining  land  for  certain  purposes,  1339. 
selection  of  oil  and  phosphate  lands,  1050. 
State  selections  of  nonmineral  lands,  1292. 
statute  as  to  proof  of  improvements,  96. 

performance  of  annual  labor,  96. 
regulating  mining  locations,  96. 
ILLINOIS. 

authority  over  lead  mines,  1244. 
effect  of  grant  to,  1247. 
grant  of  salines  to,  1246. 

salt  springs  to,  1246. 
sale  of  salines,  1252. 

salt  springs,  1204, 1252. 
salt  springs  granted  to,  1246. 

reserved,  1199. 
INDEMNITY  LANDS  AND  SELECTIONS. 

See  Lieu  lands. 
IMPROVEMENTS. 

See  also  Annual  labor,  Expenditures,  Forfeitiire,  Mining  locations.  Patent  proceedings, 
affidavit  as  proof  of,  356. 

amount  and  character  determined  by  surveyor  general,  337. 
apportionment  to  support  claims,  351. 

group  claims,  345. 
placer  locations,  546. 
appraisement  of,  on  coal  lands,  1036. 
as  basis  of  preference  right  to  coal  purchase,  756. 

condition  for  possession,  236. 

evidence  of  good  faith,  162. 

material  additions  to  a  mining  claim,  241. 
available  though  outside  of  claim,  346. 
beneficial  character  of,  346. 
buildings  as  improvements,  347. 


1560 


INDEX. 


IMrROVEMENTS— Continued. 

by  one  coowner  not  claimed  by  another,  278. 

certificate  of  surveyor  general  as  to  required,  353. 

character  and  sufficiency  to  justify  coal  entry,  753. 

condition  to  issuance  of  patent,  344. 

cost  as  a  basis  of  value,  355. 

cutting  wood  and  burning  coal  not,  626. 

discovery  not,  74. 

drill  holes  available  as,  347. 

effect  on  coal  lands,  779. 

when  made  on  conflict  grotmd,  346,  348. 
excepted  from  railroad  grants,  1109. 
ecxpenditures  for  on  group  claims,  349. 

outside  of  claim,  348. 
pending  year,  353. 
expense  of  removing  old  building,  238. 
general  plan  for  common  benefit  of  several  locations,  350. 
instances  of  insufficient,  248. 
kind  and  nature,  241. 
limekiln  not  available  as,  347. 

location  and  proof  in  coal  entries  by  association,  761. 
made  after  notice  of  application  not  available,  347. 

at  distance  from  mining  claim,  244. 

before  location  not  available,  347. 

by  occupants  and  claimants  protected,  1160. 

prior  to  location  not  available,  348. 

under  prior  location  not  available,  345. 
making  of,  applies  to  claim  located,  181. 
meaning,  285. 

as  assessment  work,  284. 
method  of  determining  character  as  to  group  claims,  241. 

mining  marble  by  excavation,  546. 
mill  site  as,  606. 

mineral  improvements  on  agricultural  lands,  626. 
must  facilitate  extraction  of  mineral,  346. 
nature  of,  345. 

not  apportioned  to  noncontiguous  claims,  352. 
available  to  subsequent  location,  345. 
synonymous  with  annual  labor,  241. 
on  group  claims,  245. 

Indian  lands  beyond  reach  of  judicial  process,  965. 
mill  site,  602. 

placer  claims  in  Alaska,  875. 

location,  345. 
private  land  outside  of  claim,  93. 
outside  of  location,  243. 
particular  improvements,  347. 
placer  locations,  546. 
proof  of  expenditures,  354. 

making,  under  Idaho  statute,  96. 
under  new  notice,  356. 
purchaser  of,  on  coal  lands,  800. 
purpose  of  requirements,  344. 
quartz  mill  as,  603. 

not  available  as,  347. 
reduction  works  as,  G03. 
regulations  as  to,  on  group  claims,  350. 
relocator  can  not  claim,  271. 
requirements  as  to,  344. 
rule  as  to,  applies  to  phosphate  deposits,  238. 
stamp  mill  not  available  as,  347. 
sufficiency,  345. 

as  to  group  claims,  332. 

of,  on  mill  site,  602. 

on  group  claims,  350. 
sufficient  to  maintain  possession,  353. 
surveyor  general's  certificate  as  to,  353. 


INDEX. 


1561 


IMPROVEMENTS— Continued, 
time  for  making,  extended,  348. 
of  making,  284,  347. 

proofs,  355. 

town  site,  not  compensated  by  mineral  claimant,  1375. 

owner  not  entitled  to  compensation  for,  1375. 
tunnel  as,  349, 355. 
imiform  period  for  beginning,  283. 
value  of,  on  placer  locations,  540. 
use  of  buildings,  238. 

INDIANA. 

grant  of  salines  to,  1245. 
sale  of  salines  in,  1205. 

salt  springs  and  adjacent  lands  granted  to,  1245. 

granted  to,  1245. 

reserved  from  grant  to,  1240. 
State's  right  to  salt  springs  as  against  patentee,  1246. 
INDIAN  LANDS. 

See  also  Asphaltum,  Classification,  Coal,  Coal  lands,  Iron,  Iron  lands,  Lease,  Mineral  deposits,  Mineraj 
lands,  Minerals,  Mining  locations,  Oil  lands.  Railroad  grants,  Reservations,  Royalties,  Secretary 
of  the  Interior. 

acreage  and  payment  of  royalties  under  Indian  mining  leases,  1009. 
action  on  bond  securing  lease,  1024. 
act  limited  to  Siletz  Reservation,  997. 
alienation  by  allottee,  1018. 

for  mining  purposes  restricted,  1000. 
allotments  by  Indians  not  to  carry  title  to  minerals,  1004. 

inalienable  for  stated  period,  1026. 

leased  for  mining  purposes,  964. 

not  subject  to  mineral  entry,  969. 
to  include  mining  claims,  971. 

of,  964. 

subject  to  Foster  lease,  1021. 

oil  lease,  1021. 
to  Osage  Tribe  inalienable  for  stated  period,  1026. 
amendment  to  statute,  960,  962,  980. 
application  of  mining  statute  to  mineral  deposits  in,  1185. 
proceeds  of  sales  of  coal,  990. 

when  sold  under  mining  laws,  975. 
appraisement  of  improvements  on  asphalt  lands,  1036. 

coal  lands,  1036. 
lands  leased  for  asphalt,  1036. 

coal,  1036. 

minerals,  1013. 
as  coal  lands,  989. 

entry  protected,  989. 
price,  989. 

unlawful  entry  protected,  989. 
asphalt  lands,  1003. 

in  town  sites,  1028. 
lease,  1018. 
reserved,  1023, 1032. 
assignment  of  royalties  of  Indian  lessors,  1003. 

under  lease  not  prohibited  alienation,  1000. 
mining  lease,  1003. 
attachment  for  mine  improvements,  965. 
authority  of  Mission  Indian  Commission,  960. 
authorized  under  regulations,  1006, 1009. 
Black  Hills,  956,  958. 

ceded  to  the  United  States,  957. 
reservation,  955,  950. 
withdrawal,  957. 
ceded  lands  open  to  mineral  entry,  994. 
mineral  lands  not  appraised,  983. 
to  Government,  961. 
56974°— Bull.  94,  pt  2—15  47 


1562 


INDEX. 


INDIAN  LANDS-Continued. 

cession  of  coal  lands  in  Arizona,  999. 
mineral  lands,  999. 
to  public  domain,  962. 
Cherokees,  953. 

allottees  may  lease  for  oil  and  gas,  1016. 
owTi  minerals,  1008. 
Chickasaw  Nation's  leases  for  coal  and  mineral,  1008. 
Choctaw  Nation  royalties  not  affected  by  statute,  1008. 
classification,  1081. 

as  coal  lands,  1034. 

mineral  lands,  970,  978,  983,  984,  985,  986. 
by  commissioners,  980. 
in  reservation,  977. 
to  coal,  822. 
of  Indian  lands  by  commission,  1029. 
coal  deposits,  1030. 

reserved,  1013, 1025. 
entries  on  ceded  lands,  979. 
'lands,  822. 

in  town  sites,  1028. 
reserved,  983. 
subject  to  entry,  999. 
withdrawn,  822,  998,  999. 
leases,  1018. 

on  town  sites,  1005. 

relinquished  by  Eastern  Coal  &  Mining  Co.,  1036. 

Missouri,  Kansas  &  Texas  Coal  Co.,  1035. 
to  railroad  company,  992. 
locations  on  10-mile  strip  of  Ute  Keservation  protected,  989. 
mine  improvements  not  subject  to  attachment,  965. 
mines  excepted  on  surrender,  974. 
oil  and  minerals  reserved  to  Osage  Tribe,  1026. 
reserved,  1032. 
rights  not  impaired,  1010. 
Colville  Indian  Reservation  open  to  mineral  entry,  969. 
Reservation  open,  966,  971. 

subject  to  mining  statutes  after  cession,  967. 
completion  of  classification  of  asphalt  lands,  1036. 

coal  lands,  1036. 
commissioners  can  not  select  mineral  lands,  966. 
report  as  to  minerals,  971. 

in  Colville  Reservation,  971. 

commission  for  classification,  980. 

to  appraise  mineral  lands,  1029. 

classify  mineral  lands,  1029. 
copper  mines,  lOSl. 
cutting  timber  on  a  trespass,  1327. 

date  for  settlement  after  cession  vested  in  President,  967. 
diligent  development  on  mining  leases  implied,  1009. 
disposal  after  cession  to  the  United  States,  964. 
of  ceded  mineral  lands,  983. 

mineral  lands,  975,  978,  985,  986. 

ceded,  996. 
in  reservation,  984. 
imder  mining  statutes,  981. 
under  mineral-land  laws,  984. 
particular  statute,  961. 
effect  after  cession  to  Government,  961. 

of  coal  deposits  on  right  to  buy  and  sell,  953. 
Indians'  failure  to  acknowledge  lease,  1003. 
mineral  entry,  983. 

President's  proclamation  on  Colville  Reservation,  968* 
on  purchasers  of  imrecorded  oil  lease,  1012. 
elaterite,  1003. 

entries  after  cession  must  be  paid  for  as  provided,  982. 

surrender  under  mineral-land  laws,  974. 


INDEX. 


1563 


INDIAN  LANDS— Continued. 

entries  under  niineral-huid  laws,  979. 

excepted  from  Indian  reservation,  U)'22. 

executive  order  creating  Colvillo  Koserval  ion  annulled,  '.)()7. 

failure  of  coal  entryman  to  comply  with  statute,  9'.)0. 

Five  Civilized  Tribes,  1023. 

Foster  lease  assigned  to  Indian  Territory  Illuminating  Oil  Co.,  1021. 
for  oil  rights  of  assignee,  993. 
oil  lease  extended,  1022. 
fraudulent  lease  of,  not  enforced,  1018. 
gilsonite,  1003. 

improvements  on,  subject  to  judgments  of  Indian  courts,  965. 
in  Colorado  ceded  to  Government,  959. 
Indian  can  not  modify  or  cancel  lease  during  term,  1003. 
individual  allottee  owner  of  minerals,  1026. 

allotments  do  not  carry  title  to  mineral,  1008. 
jurisdiction  of  courts  over  mining  leases,  991. 

rights,  991. 
to  protect,  991. 

lands  containing  mineral  deposits  open  to  settlement,  1186. 
lead  and  zinc  lands  reserved  from  treaty,  953. 
lease,  1010, 1012. 

acreage  of,  1009. 

as  method  of  alienation,  1028. 

by  allottee  for  mining  purposes,  1000. 

oil  and  gas  restricted,  1000. 
minor,  1025. 

allottee  approved  by  local  court,  1018. 
Seneca  Nation  to  Barker  for  oil,  995. 
diligence  in  development,  1009. 
effect  of  statute  governing,  1008. 
execution  of,  1012. 
for  mining  coal,  991. 
for  mining  purposes,  1002,  1015,  1186. 

not  canceled  at  suit  of  Government,  1003. 
in  violation  of  statute  canceled  by  suit,  1003. 
not  transferred  under  pretended  working  agreement,  1017. 
of  allotment  for  mining  purposes,  964,  993,  996,  1028. 
for  oil  as  license,  1016. 

minor  Indian  allottee  approved  by  court,  1025. 
not  a  grant  of  oil  in  place,  1016. 

made  without  Secretary's  approval,  1019. 
oil  and  gas,  1012. 
payment  of  royalties,  1007,  1009. 
period  of  duration,  1009, 1012. 
prohibited  after  certain  time,  1015. 
record  of,  1012. 
royalties,  1004,  1007,  1009. 
term  of,  1009. 
to  railroad  company,  992. 
white  person,  1008. 
leasing  as  species  of  alienation,  1028. 

by  allottee,  1008. 
lessors  not  deprived  by  statute  of  royalties  on  leases,  1008. 
limitation  of  power  to  lease  for  mining  purposes,  1002. 
on  power  of  allottee  to  lease,  1016. 
right  to  lease  for  mining  coal,  991. 
location  of  mining  claims  after  restoration,  974. 

on,  968. 

soldiers  additional  right  after  cession  to  United  States,  962. 
making  part  of  asphalt  mining  lease,  1020. 

coal  lease,  1020. 
mine  improvements  not  subject  to  attachment,  965. 
mineral  and  homestead  claimants,  975. 

claimant's  compliance  with  laws,  957. 
protected,  957. 


1564 


INDEX. 


INDIAN  LANDS— Continued. 

mineral  deposits  in,  not  acquired  under  mining  law,  1186. 
reserved  to  tribe,  1004. 
entry  after  cession,  974. 

not  permitted  on  allotments,  1025. 
on  ceded  lands,  979. 

under  proclamation  opening,  980. 
protected,  977,  984. 
inalienable  for  stated  period,  1026. 
lands  ceded,  996. 

classified  by  commission,  1029. 
disposed  of  under  mining  laws,  970. 
excepted,  965. 

from  reservation,  1022. 
in  Colville  Reservation  subject  to  entry,  969. 

reservation  open  to  location,  981. 
not  appraised,  970,  978,  981. 
selected  by  Indians,  967. 
subject  to  homestead  entry  after  cession,  959. 
of  Colville  Reservation  open  to  entry,  970. 
referred  to  in  treaty,  953. 
reserved,  952. 
subject  to  entry,  999. 

location,  969. 
withdrawn,  998. 
within  town  site,  1014. 
minerals  excepted  from  leases,  1003. 

excepted  from  mining  lease,  1003. 
in  inalienable  by  Osage  Tribe,  1026. 
in  town  site,  378. 
pass  to  individual  allottee,  1026. 
reserved,  952. 

to  Cherokee  Tribes,  1008. 
use  of  tribes,  1026. 
mining  claims  located  within  reservation,  998. 
mining  claims  not  included  in  allotments,  971. 
entries  validated,  977. 
lands  subject  to  entry,  1010. 
laws  apply  to  ceded  Colville  Reservation,  967. 
extended  to  Colville  Reservation,  969. 

lands  ceded  by  Indians,  999, 1000. 
San  Carlos  Reservation,  1000. 
not  operative  within  reservation,  998. 
lease  as  prohibited  alienation,  1000. 
extended  to,  1025. 

subject  to  approval  of  Secretary,  1015, 1016. 
leases  approved  by  Secretary  of  the  Interior,  1002. 
location  in  lieu  of  lease,  1010. 
on,  963,  983. 

after  cession  and  proclamation,  980,  982. 

withdrawal,  954. 
by  Raven  Mining  Co.,  1022. 
ceded  Colville  Reservation,  968. 
in  Utah,  962,  976. 
perfected,  976. 

after  cession,  963. 
protected  after  cession,  963,  974. 

withdrawal,  957. 

void,  976. 

within  boundaries  of  Uncompahgre  Reservation,  998. 
operations  on  Colville  Reservation,  967. 
prospectors  excluded  from,  954,  955. 

on  Colville  Reservation,  967. 
rights  not  impaired,  1010. 
protected,  991, 1010. 
mode  of  disposal,  961. 
nonmineral  lands  subject  to  entry,  970. 


INDEX. 


1565 


INDIAN  LANDS-Continued. 

not  disposed  of  under  mining  laws  after  ceHsioii,  904. 
occupancy  for  mining  purposes,  974. 

after  filing  plat,  974. 

oil  deposits  reserved,  1025. 
lease,  1021. 

by  Osage  Nation  to  Foster,  993. 
subject  to  Secretary's  approval,  1018. 
to  Barker,  995. 
lessee  not  to  drill  on  cultivated  inclosures,  993. 

agreement  not  to  drill  on  cultivated  inclosures,  994. 
rights  not  impaired,  1010. 
open  to  mineral  entry  after  surrender,  974. 

exploration  and  entry,  1186. 
settlement  under  mining  laws,  997. 
opened  by  proclamation,  980. 
opening  allotments,  975. 

location  under  mining  laws,  976. 
of  Colville  Reservation,  968. 

Uintah  Reservation  extended  by  statute,  1011. 
overlapping  lease  for  mining  purposes,  1002. 

mining  leases,  1002. 
patent  for  mining  location  validated,  977. 

with  reservation  of  coal,  1030. 
periodfor  making  minerial entry,  980. 

computation  of  time,  980. 

power  of  allottee  to  alienate  ,972. 

lease  for  mining  purposes,  996. 

oil  and  gas,  1000. 
rent  for  mining,  1015. 
civilized  tribes  to  alienate,  1027. 
Indian  allottee  to  lease  for  mining  purposes,  1001. 
Indian  lessor  to  assign  royalties,  1003. 
Indians  to  lease  for  mining  purposes,  993. 
preference  rights,  967. 

right  to  preemption  entry  after  cession,  967. 
purchase  on  opening  mine,  1001. 
renew  Indian  lease,  1005, 1006. 
preferential  right  to  lease  holders,  1011. 

locate  mining  claim,  1010, 1011. 
price  of,  as  mineral,  997 . 

ceded  coallands,  979. 

coal  land  within  10-mile  strip  of  Ute  Reservation,  990. 
minerallands,978. 
when  mineral,  997. 
stone,  997. 

priority  of  mining  locations  after  withdrawal,  954. 
proceeds  of  sales  of  coal  lands ,  990 . 

proclamation  authorizing  payment  to  preserve  mineral  rights,  982. 
for  opening  Colville  Reservation,  967,  969. 
mineralrights  preserved  by  payment,  981, 982. 
of  President  extending  mining  statutes,  969. 
opening,  975,976. 

ceded  lands,  982. 
to  settlement  after  cession,  980. 
protecting  mining  claims  on  ceded  Indian  lands,  982. 
reserving  salines,  973. 
prospecting  upon,  after  surrender  and  proclamation,  974. 
preemption  entry  after  cession,  967. 
purchase  of  mineral  land  from,  963. 
Quawpaws  may  lease  for  mining  p,urposes,  1002. 

restricted  from  alienation  for  mining  purposes,  1000. 
railroad  grant  of  right  of  way  over,  1191. 
may  select  indemnity,  961. 
through  Indian  Territory,  960. 
to  coallands,  960. 


1566 


INDEX. 


INDIAN  LANDS— Continued. 

Raven  Mining  Company's  preferential  right  to  locate  raining  claim,  1011. 
title,  1011. 

recording  leases,  1012. 

regulations  as  to  lessee's  right  to  explore  for  oil,  1012. 
release  of  mineral  lands,  964. 

public  domain,  989. 
reports  as  to  amount  of  coal,  992, 
reservation  not  subject  to  mineral  laws,  968. 
of  minerals,  998. 

open  to  purchase  under  mining  laws,  976. 
reserved  because  of  coal  and  asphalt  deposits,  1015. 
restoration  to  public  domain,  962. 
restrictions  on  alienation,  1018. 

as  to  Five  Civilized  Tribes,  1027. 
by  Quawpaw  Indians,  1000. 
removed,  1019. 
right  of  citizens  to  mine  on,  952. 

way  for  pipe  lines  over,  1069, 1070. 
over,  960. 

for  mining  coal,  1191. 
to  buy  and  sell,  953. 

locate  miningclaims  on,  suspended  by  statute,  1011. 
rights  acquired  by  Indianlease  protected,  1010. 
of  Indians  in  coal  lands,  987. 

gas  lands,  987. 
mineral  lands,  987. 
oil  lands,  987. 
mineral  claimants,  957. 
settlers  on  mineral  lands ,  953. 
royalties  from  gas  and  oil,  988. 

on  asphalt  and  coal  leases,  fixed  regulation,  1009. 
coal,  992. 

leases  payable  to  tribes,  1026. 
payable  to  Indian  agent,  1024. 
sale  of  asphalt  and  coal  deposits,  1015. 

coallands  prohibited  for  25  years,  1026. 
in  Colorado,  959. 

Indian  lands  after  classification,  978. 
miineral,  prohibited,  1026. 
mining  leases,  1023. 
nonmineral,  by  Secretary,  1024. 
subject  to  mining  lease,  1018. 

reserved  rights  in  minerals,  1028. 

oil  and  gas,  1028. 
surface  of  asphalt  and  coallands,  1032. 
town  lots  used  for  mining  purposes,  1023. 
unallotted  lands  in  Colville  Indian  reservation,  970. 
within  lease, 1014. 
under  raining  laws  after  restoration,  975. 
salines  in  Cherokee  Outlet  reserved,  973.  • 
reserved,  973. 

frora  Cherokee  Outlet,  972. 
restored  to  public  doraain,  973. 
salt  springs  included  in  grant  to,  1240. 
Secretary  raay  sell  nonraineral,  1024. 

to  negotiate  for  purchase  of.  963. 
reserve  rainerals,  1013. 
sell  lots  used  for  raining,  1023. 
Secretary's  consent  to  subletting  or  transferring  lease,  1017. 

exclusive  power  over  leases,  1009. 
selection  by  railroad  after  restoration  to  public  domain,  961. 
settlement  on  nonmineral  lands,  952. 
sixty-day  period  for  settlement  on  ceded  land,  1186. 
soldiers'  additional  rights,  962. 

to  locate  on,  962. 
specific  provisions  for  disposal,  961. 


INDEX. 


1507 


INDIAN  LANDS— Continued. 

stone  lands  subject  to  entry,  99'.). 

quarries  reserved,  987. 
subject  to  mineral  location,  983. 

after  cession,  961. 
subsequent  discovery  of  mineral  does  not  affect  title,  953. 
surface  includes  entire  estate  except  coal  and  asphalt,  1032. 

subject  to  use  of  mining  lessee,  1018. 
survey  and  allotment  of,  984. 

of  surface  of  mineral  lands  in  town  sites,  1028. 
suit  by  United  States  on  bonds  securing  lease,  1024. 

to  cancel  lease  of,  1003. 
term  of  leases  for  mining  purposes,  1029. 
time  for  opening  unallotted  lands,  1011. 
title  to  Black  Hills  Reservation,  956,  958. 
copper  mines,  1081. 
mining  claim,  1011. 
Uncompahgre  Reservation  closed  to  mining  location,  998. 
validity  of  overlapping  mining  leases,  1002. 
valuable  for  asphalt  and  coal  deposits,  1013. 
voluntary  and  involuntary  alienation,  972. 
withdrawal,  956. 

ends  prohibition  against  prospectors,  957. 
of  and  discovery  of  minerals  on,  954. 
Black  Hills,  957. 
INDIAN  TERRITORY. 

See  also  Courts,  Jurisdiction, 
courts' jurisdiction  over  leases,  991. 
jurisdiction  of  courts  in,  over  coal  leases,  991. 

mining  leases,  991. 
rights,  991. 

INJUNCTION. 

See  Hydraulic  mining. 
INSPECTION  OF  MINES. 

See  Coal  mines. 
INSPECTOR  OF  MINES. 

mine  inspectors  in  Alaska,  authority  of,  to  inspect  mines  in  Alaska,  922,  923,  929. 
salaries  of,  922,  923,  929. 

INTERSECTING  VEINS. 

See  also  Ore,  Ownership,  Possessory  rights,  Underground  rights.  Vein  or  lode, 
adverse  proceedings  in  relation  to,  592. 

application  of  adverse  proceedings  as  to  point  of  intersection,  592. 

provision  as  to  overlapping  surveys,  588, 

section  2336  to  locations,  587. 

veins,  587. 

sections  as  to  ownership  of,  587. 
asserting  right  of  possession,  435. 
classes  of,  588. 

construction  and.  meaning  of  vein,  588. 
of  section  2336,  586. 

as  to  ownership  of,  587. 
courts  determine  rights  of  party,  467. 
crossing  and  intersecting  vein,  588. 
dip  of  veins,  588. 

effect  of  patent  on  ownership,  494. 

rights  to,  on  possessory  title,  112. 
extent  of  right  of  way  through,  591. 
Federal  q  uestion,  592. 

junior  locator's  right  of  way  through  point  of  intersection,  591. 
meaning  of  "ore  within  space  of  intersection,"  590. 

''point  of  union,"  705. 

"space  of  intersection,"  705. 
no  basis  for  adverse  claim,  445. 

repugnance  in  mining  statutes  as  to  ownership  of,  132. 
ore  at  point  of  iutersection,  589. 
ownership  at  point,  705. 


1568 


INDEX. 


INTERSECTING  VEINS— Continued. 

ownership  below  point  of  intersection,  590. 

union,  588. 
determined  by  court,  467,  475. 

priority  of  title,  445. 
of  minerals,  132. 

determined  by  court,  591. 

ore,  589. 

at  space  of  intersection,  589  ,  721. 
priority  of  location  determines  ownership,  589. 

below  intersection,  590, 

prior  location  determines  ownership,  468. 
proof  of  ownership  of  minerals  below  union,  591. 
provisions  as  to,  do  not  apply  on  strike,  589. 

for  ownership  conform  to  miners'  custom,  588. 
purpose  of  provision  as  to  ownership  of,  588. 
right  at  point  of  intersection  not  limited  by  patent,  592. 

vested  by  law,  592. 
right  of  way  through  point  of  intersection,  132,  587,  589,  591. 
rights  of  conflicting  claimants,  475. 

locators,  705. 

not  determined  on  adverse  claim,  705. 

prior  and  subsequent  locators  determined,  431. 
section  does  not  apply  to  union  of  veins  on  strike,  589. 
space  of  intersection,  590. 

means  space  below  the  surface,  590. 
strike  of  veins,  588. 

title  to  minerals  in,  as  Federal  question,  163. 
veins  crossing,  588. 

intersecting,  588. 
INTERVENTION. 

See  also  Actions,  Actions  on  adverse  claims.  Municipal  corporation,  Protestant. 

by  interested  person  in  adverse  suit,  478. 

Goverrunent  will  not  intervene  to  protect  location,  124. 

in  adverse  proceedings,  478. 

municipality  may  intervene  in  adverse  suit,  502. 

without  adversing,  386. 
none  after  failing  to  file  adverse  claim,  715. 
protest  by  interested  persons,  478, 
protestant  as  intervenor,  189. 
railroad  grant,  1127. 

right  to  intervene  in  adverse  proceedings,  478. 

patent  proceedings,  385. 
third  person  may  intervene  in  adverse  suit,  189. 
INTRALIMITAL  RIGHTS, 

See  also  Extralateral  rights.  Mining  locations,  Possessory  rights, 
distinct  from  extralateral  rights,  134, 
distinguished  from  extralateral  rights,  113. 
embrace  all  within  boundaries  of  claim,  113. 
IOWA, 

grant  of  saliaes  to,  1254, 

salt  springs  limited  to  twelve,  1255. 
to,  1255, 
sale  of  salines  to,  1256. 

salt  springs  to,  1256, 
salines  accepted  from  grant  to,  for  railroads,  1264. 

preemption  rights,  1203. 
salt  springs  excluded  where  private  rights  are  vested,  1255. 
IRON. 

See  also  Coal,  Indian  lands.  Minerals,  Railroad  grants, 
as  mineral,  80,  793,  1115. 

valuable  mineral  deposits,  690. 
deposits  excepted  from  effect  of  mining  statutes,  1094. 
disposal  of  lands  containing,  689. 
excepted  from  operation  of  mining  statutes,  723,  1094, 

railroad  grant,  1107. 
included  in  railroad  grant,  1101. 


INDEX. 


1569 


IRON— Continued. 

lands  containing,  as  mineral  lands,  690. 

subjoct  to  sale  in  Michigan,  Minnesota,  and  Wisconsin,  1093. 
reported  as  containing,  79S. 
valuable  for,  are  mineral,  19. 
lease  by  Indian  Nation  for  mining,  991. 
not  excepted  from  railroad  grant,  1109,  U:i2, 1134. 
included  as  mineral  in  railroad  grant,  1149. 

in  railroad  grant,  1129. 
mineral  in  railroad  grant,  1180. 
IRON  LANDS. 

See  also  Agricultural  lands,  Alabama,  Classification,  Coal  lands.  Mineral  lands.  Railroad  grants. 
Alabama,  792. 

application  of  act  of  March  3,  1883,  793. 
as  mineral  unless  excluded,  1183, 
classification  as  mineral,  1126. 
construction  of  act  of  March  3, 1883,  793. 
disposal,  792. 

as  agricultural  lands,  689,  795. 
of,  in  Alabama,  792. 

land  reported  as  containing  iron,  798. 
effect  of  report  of  land  containing  iron,  798. 
entries  in  Alabama  of  land  reported  as  containing  iron,  799. 
entry  only  after  public  offering,  798. 
exception  in  Michigan,  Minnesota,  and  Wisconsin,  689. 
excluded  from  effect  of  mining  statutes,  1094. 

raUroad  grant,  1126. 
homestead  entry  perfected  prior  to  coal  statutes,  800. 
known  mines  on,  in  Alabama,  835. 
lands  reported  as  valuable  for  iron,  798. 
methods  of  purchasing,  in  Michigan,  1093. 

Minnesota,  1093. 
Wisconsin,  1093. 
not  excepted  from  grant  to  Central  Pacific,  1129. 

Iron  Moimtain  Railroad  Co.,  1128. 
Northern  Pacific  Railroad  Co.,  1115. 
Oregon  Central,  1141. 
•  Texas  Pacific  Railroad  Co.,  1142. 

Union  Pacific  Railroad  Co.,  1110. 
railroad  grant,  690,  1107,  1110,  1136. 
included  in  mineral  lands,  1110. 
mineral  lands  within  railroad  grant  act,  1183. 
offered  at  public  sale  in  Alabama,  795. 
opened  to  exploration  in  Michigan,  1093. 

Minnesota,  1093. 
Wisconsin,  1093. 
public  offering  before  entry,  796. 
purchaser  of  relinquishment  of  homestead  entry,  800. 
rights  to  within  limits  of  railroad  grant,  726. 
selection  by  railroad  company,  1126. 

for  lands  relinquished,  1180. 

IRON  MINES. 

See  also  Iron,  Known  mines.  Minerals. 

disposal  prevented  under  homestead  act,  793. 
IRON  MOUNTAIN  RAILROAD  CO. 

See  also  Railroad  grants. 

mineral  lands  reserved  from  grant  to,  1128. 
ISOLATED  TRACTS. 

See  Public  and  Mineral  lands. 

J. 

JOINT  OWNER. 

See  Coowner. 
JUDGMENT. 

See  also  Actions  on  adverse  claims.  Conclusiveness,  Com-ts,  Jurisdiction,  Land  Department,  Patent 

proceedings, 
against  both  parties  in  adverse  proceedings,  500. 


1570 


INDEX. 


JUDGMENT— Continued. 

binding  on  Land  Department,  449. 
certified  copy  filed  in  Land  OflSce,  486. 

of,  in  adverse  proceedings,  486. 
claimant  to  file  certified  copy,  429. 
conclusiveness,  483. 

as  between  lode  and  placer  claims,  484. 
of  State  court,  484. 
copy  certified  to  Land  Oflice,  429. 
court's,  not  binding  on  Land  Department,  372. 
final  judgment  on  adverse  claim,  720. 
neither  party  entitled  to,  in  adverse  proceedings,  500. 
on  adverse  claim,  429. 
patent  issues  pursuant  to,  429. 
questions  concluded  by,  483. 
title  perfected  after,  501. 
when  binding  on  Land  Department,  486. 

not  binding  on  Land  Department,  486. 
JUDICIAL  NOTICE. 

See  also  Mining  locations, 
as  to  mining  locations,  189. 

placer  locations  in  Alaska,  530. 
surveys  in  Alaska,  530. 
mineral  lands  in  Alaska,  883. 
miners'  customs,  642. 

qualification  of  receiver  to  administer  oaths,  1318. 
JURISDICTION. 

See  also  Courts,  Federal  courts.  Land  Department,  State  courts, 
actions  on  adverse  claims,  453. 
adverse  claims,  669. 

change  in  rules  as  to  Federal  courts,  163. 

court  has  to  determine  mineral  character  of  land,  467. 

may  order  marshal  to  operate  mine  for  payment  of  lien,  882. 
of  competent,  for  suit  on  adverse  claim,  429. 
courts  authorized  to  enforce  miner's  lien  in  Alaska,  881. 
in  Alaska  for  adverse  claimants,  886. 
Indian  Territory,  991. 
Department's  determination  conclusive  in  railroad  grants,  1119. 
determination  in  adverse  proceedings,  462. 

of  mineral  character  of  land  in  town  sites,  1370. 
effect  of  town-site  patent  on  Land  Department,  1365. 
equitable,  461. 

equity  has,  in  action  on  adverse  claims,  461. 
failure  to  pay  fees  no  ground  of  objection,  454,  461. 

perform  annual  labor,  281. 
Federal  courts,  34. 

in  action  over  intersecting  vein,  592. 

water  controversies,  621. 
questions,  163,  281. 
in  actions  on  adverse  claims,  719. 

adverse  proceedings,  453. 
Land  Department  as  to  railroad  grants,  1158. 

location  status,  104. 
railroad  lands,  1119. 
without,  296. 
over  town  sites,  1365. 
termination  of,  297. 
to  determine  character  of  land,  1112. 

order  hearing,  294. 
without,  over  certain  questions,  296. 
objections  to  jurisdiction,  461. 
of  courts  in  Alaska  to  protect  miner's  liens,  882. 

satisfy  miner's  lien,  882. 
Federal  courts  in  action  on  adverse  claims,  455,  461,  497. 
State  courts  in  actions  on  adverse  claims,  385,  455. 
possessory  rights,  462. 


INDEX. 


1571 


JTJRISDICTION— Conl  imied. 

qiiestionvS  in  act  ion  on  adverse  claims,  474. 

relating  to  mining  claims,  Kvi. 
resumption  of  work  as  a  Fctlcral  question,  281. 
State  courts  have,  over  hj^draulic-niino  operation,  943. 
suit  by  adverse  claimant,  719. 

termination  of  Land  Department's,  as  to  railroad  grants,  1158. 
to  determine  mineral  character  of  land  in  town  sites,  1370. 
waiver  of  objections  to,  461 . 
JUSTIFICATION. 

See  also  Condonation,  Trespass. 

in  case  of  trespass,  160. 

sufficient  proof  to  justify  trespass,  160. 

K. 

KANSAS. 

See  also  Salines,  Salt  springs, 

all  mineral  deposits  in,  excepted  from  mining  statutes,  723. 
application  of  statute  as  to  salines  in,  1202. 
grant  of  salines,  1267. 

salt  springs,  1267. 

limited  to  twelve,  1267. 
mineral  lands  reserved  from  agricultural  grants  in,  1279. 

railroad  grant,  1111. 

salines  excepted  from,  1207. 

granted  to,  1270.  . 
salt  springs  excluded  from  grant  where  private  rights  are  vested,  1267. 
granted  to,  1270. 

KAOLIN. 

See  also  Discovery,  Minerals,  Mineral  deposits, 
as  a  mineral,  519. 

lands  containing  as  mineral  lands,  689. 
valuable  for,  are  mineral,  18. 
KNOWLEDGE, 

See  also  Known  vein  or  lode.  Notice, 
existence  of  vein  or  lode,  561. 
mining  location  as,  562. 

not  synonymous  with  belief  as  to  known  vein,  561. 
KNOWN  MINERAL  LANDS. 

See  also  Lands  valuable  for  minerals,  Valuable  mineral  deposits. 

excluded  from  town-site  entry,  1356. 

meaning  and  application,  1355. 

not  acquired  under  town-site  laws,  1356. 
KNOWN  MINES. 

See  also  Deposits,  Known  veins  or  lodes,  Lands  valuable  for  minerals.  Mineral  deposits,  Mining  loca- 
tion. Placer  location, 
application  of  provisions  to  coal  lands  in  Alabama,  835. 

iron  lands  in  Alabama,  835. 
ascertained  coal  deposits  as,  746. 

sufficient  to  make  land  valuable,  835. 
authority  of  Land  Department  to  issue  patent  for  lands  containing,  836. 
coal  mine  as,  746. 

construed  with  reference  to  term  "mineral  lands,"  1225. 

determination  in  absence  of  notations  on  survey  and  plat,  835. 

distinction  between,  and  coal  fields,  787. 

duty  of  surveyor  general  to  note  situation,  850,  851. 

excluded  from  town-site  entry,  1356. 

included  in  term  "mineral  lands, "  839. 

lands  containing,  accepted  from  homestead  and  preemption,  840. 
necessary  to  defeat  agricultural  entry,  841. 
not  acquired  by  agricultural  patent,  836. 

subject  to  sale  or  preemption,  1202. 
patent  for  lands  containing,  836. 

canceled,  836. 

denied,  1203. 

not  conclusive,  836. 
possession  of  mineral  land  as  knowledge  of,  640. 
rights  to,  preserved  as  against  town-site  rights,  1368. 


1572 


INDEX. 


KNOWN  MINES— Continued, 
situation  on  surface,  8.50,  851. 
sufficient  to  defeat  agricultural  patent,  425. 

preemption  title,  835. 
prevent  homestead  entry,  5. 
surface  indications  do  not  constitute,  835. 

not  sufficient,  746. 
title  to  not  obtained  by  agricultural  patent,  626. 
vacation  of  patient  because  of,  575. 
what  constitutes,  835. 

known  coal  mines,  746. 
KNOWN  SALINES. 
See  also  Salines. 

construed  with  reference  to  term  "mineral  lands,"  1225. 
KNOWN  VEIN  OR  LODE. 

See  also  Discovery,  Known  mines.  Lands  valuable  for  minerals.  Mineral  character  of  land.  Mineral 

deposits,  Mineral  lands.  Mining  location,  Placer  locations, 
acquired  by  location  within  placer  limits,  574. 
application  for,  after  placer  patent,  566. 

patent  for,  after  placer  patent,  566. 
belief  of,  within  placer  insufficient,  561. 
burden  of  proof  as  to,  within  placer,  562. 
conclusiveness  of  application  as  to,  565. 
date  as  to  knowledge  of,  573. 

determination  for  Department  after  placer  patent,  567. 

in  adverse  proceedings,  569. 
effect  on,  of  placer  patent,  573. 
excluded  from  grant  by  patent,  570. 
existence  a  question  of  fact,  565. 

outside  of  placer  limits,  560. 
failure  to  include  in  application  for  placer  patent,  564. 

placer  application,  565. 
inclusion  in  town-site  patent,  1372 
judgment  in  adverse  suit  does  not  determine,  567. 
location  after  issuance  of  placer  patent,  567. 

not  necessary  to  exclude  from  placer  patent,  571 
meaning,  558. 

meaning  of,  within  placer,  558. 

no  presumption  from  priority  of  lode  claim,  562. 

not  included  by  placer  patent,  571. 

owner  of,  may  apply  for  patent,  566. 

ownership  and  rights  of  third  persons,  575. 

of,  in  placer  location,  95. 
patent  for  placer  claim  can  not  include,  95. 
placer  patent  does  not  convey,  571. 
presiunption  as  to,  within  placer,  560. 
proof  of  absence  of,  to  justify  town-site  patent,  1362. 

existence,  559. 
question  of  fact,  565. 

remedy  where  included  in  town-site  patent,  1372. 
reservation  as  to,  inserted  in  placer  patent,  709. 

from  placer  patent,  567. 
reserved  from  placer  location,  708. 
showing  as  to  existence  of,  565. 
theory  of,  within  placer  insxifficient,  561. 
time  when  knowledge  is  important,  564. 
known,  559. 

to  exist  within  placer,  559. 
title  remains  in  Government,  564. 

to,  and  right  of  possession,  574. 
unknown  lodes  included  in  placer  patent,  572. 
vacation  of  placer  patent  because  of,  575. 
what  constitutes,  558,  559. 
when  passes  with  placer  patent,  570. 
width  of  claim  for  within  placer  limit,  568. 
in  placer  claim,  95. 


INDEX. 


1573 


L. 

LAND  DEPARTMENT 

See  also,  Actions  on  adverse  claims,  Adverse  claims,  Appeal,  Board  of  equitable  adjudication.  Con- 
clusiveness, Discovery,  Entry,  Hearing,  Judgment,  Jurisdiction,  Mineral  character  of  land.  Mining, 
locations,  Notice,  Patent,  Patent  proceedings,  Pleading  and  practice.  Stay  of  proceedings. 

absence  of  adverse  claim  to  agricultural  entry,  846. 

acceptance  of  reconveyance  to  correct  mistake,  422. 

adjudication  as  to  mineral  character  within  railroad  grant,  1131. 

administration  of  grants  on  public  domain  committed  to,  1169. 

adverse  claim  not  waived  by  delay  of  trial,  472. 
stays  proceedings,  379. 

alienage  not  presumed,  712. 

amiual  labor  and  performance  not  determined  by,  253. 
application  for  patent,  297. 

approval  of  certificate  for  repayment  of  deposit,  1234, 

patent  list  of  coal  lands  patented,  950. 
as  part  of  administrative  and  executive  branch,  295. 
assumption  in  absence  of  adverse  claim,  380. 
authority,  11,  104,  292,  294,  298,  315,  487,  489,  751,  1038,  1119,  1120. 
after  suit,  485. 

and  jurisdiction  as  to  performance  of  annual  labor,  698. 
as  to  amended  survey,  579. 
in  adverse  proceedings,  489. 

selection  of  lieu  lands,  1169. 
of,  as  to  patent  for  coal  lands,  751. 

Secretary  of  the  Interior,  293. 
over  patent  proceedings  after  adverse  suit  commence,  720. 

tunnel  locations,  167. 
to  assert  reservation  in  placer  patent,  524. 
determine  character  of  land  in  Alaska,  863. 

railroad  grant,  1103. 
and  designate  character  of  land  in  patent,  1120. 
methods  of  acquiring  mineral  lands,  489. 
mineral  character  of  land,  489, 1119. 
dispose  of  coal  lands  in  Wyoming,  726. 

after  classification,  822. 
saline  or  salt  lands,  1210. 
establish  charges  for  publication  of  notice,  577. 

surveys,  577. 
insert  excepting  clause  in  railroad  grant,  1137". 
reservations  in  patent,  22,  416. 

placer  patent,  675. 
issue  patent  for  lands  containing  known  mine,  836. 

mineral  lands  as  agricultural,  297. 
to  locators  under  prior  act,  699. 
leave  open  determination  of  mineral  character  of  land,  1077. 
make  and  enforce  regulations,  493. 
qualify  patents,  298. 
stay  proceeding,  669,  719. 

withdraw  coal  land  from  nonmineral  entry,  820. 
authorized  to  make  regulations  as  to  coal  entries,  781. 
binding  effect  of  judgment  in  adverse  suit,  429. 
bound  by  court's  decision  in  adverse  suit,  864. 

judgment  in  action  on  adverse  claim,  449. 
cancellation  of  fraudulent  entry  of  stone  land,  1322. 
can  not  adjudge  a  coowner  as  trustee,  491. 

decide  as  to  termination  of  adverse  suit,  490. 

determine  extralateral  rights  in  absence  of  surface  conQict,  162. 

issue  two  patents  for  same  ground,  491. 

look  behind  judgment,  486. 

review  decision  of  court,  491. 

waive  requirement  as  to  filing  declaratory  statement,  763. 
charged  with  issuance  of  patent,  1138. 
clerk's  certificate  of  suit  authority  for  stay,  471. 
compliance  with  requirement  determined  by,  487. 
concluded  by  judgment  of,  485. 
conclusiveness  of  determination  as  to,  316. 


1574 


INDEX. 


LAND  DEPARTMENT— Continued. 

contest  to  vacate  coal  entry  not  transferred  to  court,  751. 
court  decisions  binding  on,  298. 

proceedings  in  aid  of,  498. 
courts  bound  by  decisions  in  granting  patent,  417. 
custom  to  insert  excepting  clause  in  town-site  patent,  1365. 
decision  as  to  character  of  land  conclusive,  296. 

mineral  character  in  railroad  grants  conclusive,  1135. 
patent  for  coal  land  final,  751. 
awarding  patent  is  conclusive,  296. 
deposit  where  expenses  required,  666. 
deputy  mineral  surveyor  as  employee  of,  580. 

officer  of,  578. 
determination  as  to  annual  labor,  236. 

character  of  land,  1135. 

improvements,  236. 

labor  and  improvements,  344. 

mineral  character  conclusive  on  courts,  315. 

of  land,  315,  870,  1370. 

conclusive,  316. 
qualification  of  applicant,  1135. 
conclusive,  295,  296. 

as  between  agricultural  and  mineral  claimants,  7. 
against  collateral  attack,  1120. 
of  character  of  land,  842. 

mineral  character  after  judgment,  330. 
right  of  applicant  to  patent,  1135. 
questions  between  lode  and  placer  claims,  489. 
determines  mineral  character  of  land,  870. 

under  adverse  possession,  316. 
within  forest  reservation,  1166. 

question  of  discovery,  79. 

regularity  and  filing  of  adverse  claim,  297. 

of  adverse  claim  and  filing,  295. 
right  of  applicant  to  patent,  303. 
possessory  title,  297. 
to  patent  after  judgment,  463. 
sufficiency  of  adverse  claim,  441, 487. 
whether  placer  claim  conforms  to  svu^ey,  542. 
diligence  in  prosecution  of  adverse  suit  not  determined  by,  468. 
discretion  in  following  judgment  of  court,  491. 

of,  as  to  stay  of  proceedings,  471. 
disposal  of  coal  lands  only  in  accordance  with  law,  780, 
mineral  lands,  11. 

duties,  294. 

as  to  location  of  town  site  on  surveyed  land,  1381. 
in  application  for  patent,  306, 308. 

patent  proceedings  after  filing  adverse  claim,  720. 
of,  require  survey  and  plat,  578. 
on  filing  adverse  claim,  488,  489,  718. 
to  administer  provisions  as  to  patent  proceedings,  293. 
determine  mineral  character  of  land,  315,  870,  1370. 
sufficiency  of  adverse  claim,  718. 
effect  of  patent  issued  to  railroad  company,  1124,  1133. 
protest  filed  in,  446. 
regulations  in  Alaska,  873. 
rejection  of  application  for  patent,  297.  . 
reservations  in  patent  by,  298. 
on  authority  of  Alaska  right  of  way  act,  863. 
efforts  to  discover  mineral  character  of  Southern  Pacific  land,  1136. 
employees  of,  must  not  be  interested  in  mining  claims,  580. 

can  not  make  mining  location,  27. 
entrusted  with  disposal  of  mineral  lands,  4. 
equitable  title  acquired  on  approval  of  selection,  1176. 
errors  of  will  not  invalidate  mining  location,  180. 
exclusive  jurisdiction  in  patent  proceedings,  488. 


INDEX. 


1575 


LAND  DEPARTMENT-Continued. 

exercise  of  authority  over  lead  mines,  103S. 

minerals,  1038. 
expenses  of  mineral  survey,  1038. 
extent  of  authority  over  adverse  claim,  490. 
filing  insulTicient  certificate  of  clerk  of  court  with,  441. 

right  of  way  map,  1228. 
finding  in  proceeding  to  set  aside  coal  entry  conclusive,  751. 
hearing  ordered  on  application  of  mineral  claimant,  1104. 

to  determine  character  of  lands  in  town  site  patent,  1372, 1373. 
mineral  character  of  State  selection,  1288. 
regularity  of  publication,  294. 
to  deteiTOine  character  of  land,  690. 
inquiry  as  to  nonraineral  character  of  land  selected  by  railroad,  1182. 
invalid  regulations,  493. 

issuance  of  new  patent  to  correct  mistakes,  421, 

patent  on  waiver  of  adverse  claim,  380. 
pursuant  to  judgment,  493. 
issues  patent  after  court  decision,  432. 
judgment  in  adverse  suits  in  aid  of,  498. 

of  court  in  adverse  suit  binding  on,  469. 
on  adverse  claim  binds,  429. 
rejecting  application,  297. 
judicial  function,  296. 
jurisdiction,  104  ,  294. 

after  adjudication  on  adverse  claim,  298. 
adverse  claim  is  filed,  489. 
entry,  293. 

judgment  on  adverse  claim,  487. 

termination  of  adverse  suit,  492. 
as  to  adverse  claims,  487. 

suits,  488. 

railroad  grants,  1158. 

remedy  of  coowner,  275. 
ceases  on  issuance  of  patent,  1112. 
in  adverse  proceedings,  297. 

not  affected  by  commission  to  classify  railroad  land,  1152. 

terminated  on  filing  adverse  claim,  718. 
of  in  raikoad  grants,  1119. 

over  mineral  lands  within  forest  reserve,  1169. 
over  adverse  claim,  296,  483. 
mineral  lands,  11. 

proceeding  pending  adverse  suit,  469. 
status  of  mining  location,  104 
town  sites,  1365. 
terminates  on  issuance  of  patent^  409,  423. 
to  determine  character  of  land,  372,  1112. 

in  adverse  suit,  372. 
compliance  with  mining  laws,  488. 
extralateral  rights,  394. 
mineral  character  of  land,  467. 

continues,  1158. 

until  patent  issues,  1104. 
lands  within  town  sites,  1366. 
qualification  of  applicant,  100. 
sufiiciency  of  adverse  claim,  716. 
order  hearing,  294. 
wanting,  296. 

lands  withdrawn  because  of  supposed  coal  character,  1227. 
limitation  on  acceptance  of  reconveyance  to  correct  mistake,  422. 

power  to  issue  patent,  63. 
matters  to  be  passed  upon,  294. 
may  insure  opportunity  for  filing  adverse  claim,  487. 
reject  coai  declaratory  statement,  769. 
require  amended  survey,  342. 
new  publication,  487. 
notice  of  State  selections,  1292. 


1576 


INDEX. 


LAND  DEPARTMENT— Continued, 
mineral  character  of  land,  315. 

surveyors  as  employees,  580. 
mining  location  not  canceled  for  error  of,  180. 

must  conform  to  miners'  rules  before  recognized,  196. 
on  Indian  lands  determined  by,  984. 
must  follow  court's  decision,  491. 

no  authority  to  approve  mining  locations  on  Alaskan  tide  lands,  874. 
correct  mistakes  in  patent,  321. 
dispose  of  lands  containing  salt  springs,  1281. 
insert  reservations,  105. 
jurisdiction  as  to  performance  of  annual  labor,  347. 
over  adverse  claimants,  296. 

to  determine  relocation  for  want  of  assessment  work,  253. 
issue  patent  without  proof  of  compliance,  307. 
patent  to  State  for  coal  lands,  950. 
noncontiguous  tracts  not  included  in  patent,  325. 
not  bound  by  courts'  adjudication  of  character  of  land,  863. 

judgment  in  in^egular  action,  486. 
notice  given  by  of  application  for  patent,  302. 
oil  or  petroleum  regarded  as  mineral  by,  1134. 
order  requiring  new  publication,  361, 

parol  evidence  to  show  want  of  authority  to  issue  patent,  298. 
part  of  proceedings  not  stayed  on  filing  adverse,  470,  471. 
patent  conclusive  within  jurisdiction,  298. 
issues  pxirsuant  to  judgment,  429. 

without  requiring  proof  of  abandonment,  382. 
limited  to  statutory  width  of  lode  claim,  63. 
not  issued  in  lieu  of  another  without  notice,  505. 
proceedings  for  placer  claims,  521. 
payment  for  stationery  for  mineral  survey,  1038. 
of  expenses  of  field  notes,  1038. 
plat,  1038. 

performance  of  annual  labor  not  determined  by,  253. 
plat  with  application  required  for  information,  311. 

point  where  jurisdiction  to  determine  mineral  character  of  land  ends,  1158. 
possessory  rights  not  defeated  by  reservations  in  patent,  105. 

of  mineral  lands  determined  by,  1375. 
power  over  suits  on  adverse  claims,  439. 
powers,  294. 

power  to  cancel  patent,  424. 

correct  return  of  surveyor  general,  337. 

determine  patentees'  extralateral  rights,  162. 

fix  rates  charged  by  newspapers,  577. 

forfeit  right  of  way  for  water,  620. 

impose  additional  requirements  as  to  survey,  '444. 

limit  extralateral  rights,  135. 

order  resurvey,  580. 

recall  defective  patent,  293. 

patent,  423. 
reject  application  for  patent,  297. 
set  aside  mining  location,  297. 
waive  regularity  of  patent  proceedings,  293. 
practice  in,  after  termination  of  adverse  suit,  492. 

mill-site  application,  600. 
presumptions  in  support  of  authority,  298. 
proceedings  in,  after  termination  of  suit,  492. 

not  stayed  if  suit  is  irregular,  472. 
on  adverse  claims  in  aid  of,  498. 
stayed  by  adverse  claim,  379. 
suspended  on  filing  of  adverse  claim,  434. 
terminate  if  judgment  against  both  parties,  501. 
proof  of  abandonment  not  required  by,  466. 

in  adverse  proceedings  after  determination  by  covu-t,  492. 
after  adverse  proceedings,  492. 
of  relocation  not  required  by,  466. 


INDEX. 


1577 


LAND  DETARTMENT— Coiitiiiuod. 
protestant  before,  189, 

not  limited  to,  189. 
questions  determined  by,  after  adverse  suit,  483. 

on  application  for  patent,  294,  295. 
pending  adverse  suit,  471. 
regulations  as  to  abstract  of  title,  312. 

coal  entries,  781. 

compensation  of  mineral  surveyor,  579. 
form  of  adverse  claim,  376. 
lessee's  right  to  explore  for  oil,  1012. 
price  of  coal  lands,  781. 
of,  493. 

as  to  selection  of  lieu  lands  within  forest  reserve,  1170. 
requirement  as  to  proof  of  mineral  character  of  base  lands,  1269. 
resurvey  may  be  required  by,  580. 

right  to  patent  determined  by,  as  basis  of  relief  against  patent,  162. 

show^ing  in  proceedings  to  attack  finding,  751. 

stay  of  patent  proceedings  on  filing  adverse  claim,  469,  470. 

proceedings  in,  379,  469. 
stipulations  in  grants  as  to  extralateral  rights,  135. 
supervisory  function,  295. 

Surveyor  General  not  independent  tribunal,  1208. 
technical  accuracy  of  description  not  required,  226. 
termination  of  jturisdiction,  297. 

as  to  railroad  grants,  1158. 
time  for  filing  adverse  claim  not  extended  by,  377. 

of  determination  in  railroad  grants,  1121. 
waiver  of  adverse  claim  not  assumed  from  delay,  472. 
want  of  authority  in  adverse  proceedings,  489. 
withdrawal  of  coal  lands  from  nonmineral  entry,  1393. 
LAND  DISTRICT. 

See  also  Alaska,  Miners'  rules  and  regulations. 

Alaska  as,  872. 

Black  Hills  district,  628. 

Lake  Superior,  1081. 

Michigan,  1081. 

place  for  filing  application  for  patent,  302. 

President  to  establish,  628. 

sale  of  mineral  lands  in  Michigan,  1081. 

Wisconsin,  1084. 
LAND  GRANTS. 

See  also  Railroad  grants.  State  grants. 

meaning  of  term  as  applied  to  railroad  grants,  1182. 
LAND  OFFICE. 

See  Land  Department. 
LAND  OFFICERS. 

See  also  Land  Department,  Receiver,  Register,  Secretary  of  Interior. 

authority  of  courts  over,  751. 

local,  subject  to  Commissioner  and  Secretary,  751. 
LANDS  VALUABLE  FOR  MINERALS. 

See  also  Mineral  deposits.  Mineral  lands,  Minerals,  Stone  lands.  Timber  and  stone  act. 

application  of  timber-culture  act  to,  1225. 

determination  as  question  of  fact,  79. 

in  town  site,  1367. 

meaning,  292. 

and  proof,  15. 

as  applied  to  town-site  laws,  1368. 
means  same  as  valuable  mineral  deposits,  16. 

valuable  mineral  deposits,  5. 
method  of  mining  as  determining,  627. 
reserved  from  sale,  1202. 

value  and  not  kind  of  minerals  determines,  16. 
56074°— Bull.  94,  pt  2 — 15-  48 


1578 


INDEX. 


LAVAGNINO  V.  UIILIG. 

comments  and  criticisms,  494. 
criticized  and  limited,  494. 

decision  as  to  forfeiture  considered  as  dictum,  494. 
discredited  by  subsequent  decision,  494. 
LEAD. 

See  also  Lead  mines,  Minerals,  Salines,  Salt  springs, 
as  mineral,  35. 

as  valuable  mineral  deposits,  690. 
lands  containing,  as  mineral  lands,  690. 
operation  of  mining  statutes,  723. 
mineral  within  meaning  of  statute,  38. 
not  recognized  as  mineral  by  mining  statutes,  639. 
scientific  definition  of  vein  not  applied  to,  38. 
subject  to  location,  35. 
LEAD  MINES. 

See  also  Lead,  Lease,  Minerals,  Mines,  Public  lands.  Reservations, 
effect  of  imauthorized  sale.  1041. 
excepted  from  bounty  land  grants,  1199. 

Canadian  Volunteer  bounty,  1199. 

lieu  lands,  1198. 

New  Madrid  earthquake  certificate,  1198. 
lease  for  working,  1197,  1198. 
leasing,  1040, 1197. 
Louisiana,  1242. 

New  Madrid,  certificate  for,  1198. 
not  included  in  school  grant,  1242. 
permission  from  President  to  operate,  1244. 

to  work,  granted  by  President,  1241. 
policy  of  Government  as  to,  1203,  1243. 
power  of  Congress  over  Indian  Territory,  1243. 

Illinois  over,  1244. 
President  authorized  to  lease,  1198,  1244. 

reserve,  1041. 
not  authorized  to  sell,  1041. 
Piesident's  power  to  sell,  1041. 
reservation  of,  1240, 1241,  1243. 
reserved  for  future  disposal,  1197. 

from  sale  of  public  land,  1242. 
in  Illinois,  1039. 
Michigan,  1039. 
Missouri,  1039,  1041. 
Orleans  and  Louisiana,  1242. 
rights  of  holder  of  New  Madrid,  certificate  for,  1198. 
sale  of,  ia  Arkansas,  1041. 

Illinois,  1040,  1044. 
Iowa,  1042. 
Missouri,  1040. 
States,  1041. 
Wisconsin,  1041. 
unauthorized,  1041. 
Secretary's  authority  over,  1038. 
settlers  prohibited  from  working,  1215. 
statutes  providing  for  sale  of,  not  conflicting,  1041. 
term  of  lease  for,  1198. 

limited,  1198. 
value  determined  by  operation,  1244. 
working  prohibited,  1198. 
LEASE. 

See  also  Alaska,  Coal  lands,  Indian  lands,  Minerals,  Oil  and  gas,  Royalties,  Secretary  of  the  Interior. 

acceptance  for  mine  rescue  work,  922. 

acreage  and  form  of  Indian  mineral  leases,  1009. 

adjoining  coal  lands  in  Alaska,  894. 

as  prohibited  alienation  of  Indian  lands,  1000. 

assignment  of  coal  leases,  1020. 

royalty  by  Indian,  1003. 

not  prohibited  alienation,  1000. 


INDEX. 


1579 


LEASE— Continued. 

Bureau  of  Mines  autliorixod  to  accept,  829,  922, 

for  mine  rescue  work,  922. 
by  Chcrokoes  for  niininp;  purposes  must  be  approved  by  Secretary,  1016. 
Chickivsaw  Indians  of  mineral  lands,  1008. 
Indian  Nation  for  mining  asphaltum,  991. 

coal,  991. 
iron,  991. 
oil,  991. 

Cherokee  Nation  authorized  to  lease  salines  and  salt  deposits,  1213. 
coal  and  asphalt  on  Indian  lands,  1018. 

lands  in  Alaska,  892,  897. 
coal  leases,  abandonment  on  town  sites,  1005. 

approval  of  United  States  to  leases  of  Indian  lands,  992. 

area  of  Indian  lands  leased  for  coal,  992. 

construction  of,  for  Indian  lands,  992. 

forfeiture  on  Indian  lands,  992. 

Indian  allotments,  991. 
lands,  991. 

jurisdiction  of  courts  in  Indian  Territory,  991. 

limitations  on  power  of  Indians  to  make,  991. 

mining  on  town  sites,  1005. 

power  of  Indian  Nation  to  execute,  991. 
Indians  to  make,  991. 

price  of  coal  mined,  992. 

report  of  coal  mined,  992. 

revocation  of,  on  Indian  lands,  992. 

rights  of  Chickasaws  not  impaired,  992. 

rights  under,  restricted  to  mining,  992. 

royalties  for  coal  mined,  992. 

to  Choctaw  Coal  &  Railway  Co.,  992. 
construction  of  oil  lessee's  agreement  not  to  drill  on  inclosures,  994. 
cultivated  inclosurc,  993. 

diligent  development  of  Indian  leases  implied,  1009. 
effect  as  license  to  explore  for  oil,  1016. 

of  unrecorded,  on  purchaser  of  Indian  oil  land,  1012. 
Foster's  assignee  has  same  rights  as  lessee,  993. 

extended,  1022. 
fraudulent,  not  enforced,  1018. 
Government  must  sue  for  Indian  for  violation,  1002. 
inchoate  interest  in  Indian  oil  and  gas,  1012. 

incompetency  of  Indian  lessor  not  affected  by  Secretary's  approval,  1017. 
Indian  allotments,  991. 

lands,  991, 

for  mining  purposes,  993. 
allottee  void  unless  approved  by  Secretary,  1016. 
as  species  of  alienation,  1028. 
can  not  modify  or  cancel  during  term,  1003, 
executed  in  quadruplicate,  1012. 
failure  to  acknowledge,  1003. 

for  mining  purposes  approved  by  Secretary  of  Interior,  1002. 
in  violation  of  statute  canceled  by  suit,  1003. 
jurisdiction  of  Fedeaal  courts  over,  991. 
lands,  acreage  of,  1004, 1009. 

allottees  authorized  to  lease,  fm-  mining  purposes,  1029. 

approval  by  Secretary,  1015. 

asphalt  lands  reserved  from  sale  while  under,  1023. 

asphalt  leases,  1004. 

asphaltum,  1018,  1020. 

assignment  of  royalty  by  allottee,  1003. 

authorized  under  regulations,  1009. 

by  allottee  to  white  person,  1008. 

cancellation  at  suit  of  Government,  1003. 

coal,  1004,  1018,  1020. 

lands  reserved  from  sale  while  under,  1023. 

damages  for  minmg  operations,  1004. 
to  surface,  1004. 


1580 


INDEX. 


LEASE— Continued. 

Indian  lands,  diligent  development  implied,  1009. 
execution  of  lease,  1012. 
extent  and  duration  of  lease,  1004. 
failure  to  acknowledge,  1003. 
for  mining  purposes  for  stated  term,  1002. 
fraudulent  contract  relating  to,  1018. 

Indian  agent  to  receive  payment  by  minor  provided  by  court,  1024. 
lease  by  minor,  1017. 

for  mining  purposes  by  allottee,  1029. 

of  coal  lands  to  Eastern  Coal  &  Mining  Co.,  1036. 

Missouri,  Kansas  &  Texas  Coal  Co.,  1036. 
to  explore  as  a  license,  1016. 
limitation  on  allottee's  power,  991, 1016. 

power  of  Indian  to  lease,  1002. 
limited  to  ten  years,  992. 
mineral  lease,  1004. 

leases  protected,  1010. 
rights  protected,  1010. 
minerals  excepted  from  right  of  Government  to  sue  for  cancellation  of,  1003. 

reserved  to  tribes,  1008. 
mining  leases  restricted,  1027. 

subject  to  approval,  1002. 
lessee's  right  to  use  surface,  1018. 
location  to  Raven  Mining  Co.,  1010. 
purposes,  996,  1012. 
not  authorized  to  sue  for  violation  of,  1002. 
oil,  1018, 1019. 

and  gas  leases,  1004,  1012,  1015. 
operation  of  statute,  1008. 
overlapping  leases,  1002. 

payment  of  damages  on  mining  operations,  1004. 

royalties,  1009. 
period  of  duration,  1004,  1009, 1012, 1015,  1016. 
power  of  Indian  allottee  to  lease  for  mining  purposes,  993,  996,  1002. 
nation  to  execute,  991. 
to  make,  991. 
allottee  to  lease  for  mining  purposes,  1015,  1016. 
Indian  to  assign  royalty,  1003. 
preferential  right  to  locate  under  mining  lease,  1010. 
prohibited  after  certain  event,  1015. 
record  of,  1012. 

rights  acquired  not  impaired,  1010. 

royalties,  1004,  1009. 

royalty  on  gas  increased,  1021. 

oil  determined  by  President,  1021. 
sale  of  lots  used  for  mining  purposes,  1023. 

mining  leases,  1023. 
Secretary  to  prescribe  regulations,  1004,  1006. 
subject  to  asphalt  mining  lease,  1020. 
coal  lease,  1020. 

Secretary's  approval,  1009,  1019,  1027. 
subletting  prohibited,  1017. 

suit  by  United  States  on  bonds  securing  lease,  1024. 

surface  reserved  for  use  of  mining  lessee,  1018. 

term  for  mining  purposes,  1009,  1029. 

transfer  prohibited,  1017. 

validity,  1012. 

of  minor's  lease,  1017. 
laws  preventing  Indian  Nation  from  making,  repealed,  992. 
lead  mines,  1197,  1198,  1244. 

lessee's  right  to  locate  mining  claims  on  Indian  lands,  1011. 
limitation  of,  on  lead  mines,  1198. 

on  power  of  Indian  allottee  to  make,  1016. 
President  as  to  term,  1244. 
made  imder  fraudulent  contract  with  Indian  not  enforced,  1018. 


INDEX. 


1581 


LE  AS  E— Continued . 
mineral  lands,  1081. 

in  Michigan,  1086. 
Wisconsin,  1086. 
minor  Indian  allottee's  approved  by  court,  1017, 1025. 
no  Impediment  to  title  vesting  in  State,  1084. 
not  a  grant  of  oil  in  place,  1016. 
oil  and  gas,  1027. 

by  Seneca  nation  to  Barker  ratified,  995. 

construction  of  Foster  lease,  993. 

cultivated  inclosures,  993. 

Foster's  lease  from  Indians,  993. 

lease  to  explore  as  a  license,  1016, 

lessee  drilling  on  cultivated  inclosure,  993. 

not  to  drill  on  cultivated  inclosures,  993. 

meaning  of  term  "cultivated  inclosures,"  993. 

nature  and  effect  of  Indian,  1016. 

Osage  nation  to  Foster,  993. 

rights  of  assignee  of  Foster  lease,  993. 

Seneca  nation  to  Barker  for  gas  and  oil,  995. 
operates  by  relation  on  approval,  1012. 

parties  to  action  by  Cherokees  to  enjoin  Secretary  from  making,  1009. 
penalty  and  suit  for  lessee's  failure  to  develop  Indian  land,  1024. 
places  of  filing  Indian,  1012. 

power  of  Indian  allottees  to  lease  for  oil  and  gas,  1000. 

Nation  to  execute  for  coal  land,  991. 
preference  right  to  renew  on  Indian  lands,  1005,  1006. 
President  authorized  to  lease  lead  mines  and  salt  springs,  1244. 
Quawpaw  Indians  may  lease  for  limited  time,  1002. 
railroad  authorized  to  assign  coal  leases,  1020. 
regulations  as  to  payment  of  rents  and  royalties,  1024. 
rights  of  lessees  of  minerallands,  1086. 

minerallessees  in  Michigan  and  Wisconsin,  1087. 
conferred  in  minerallands,  1081, 1082. 
royalties,  1003. 

and  payment  on  Indian  mineral  leases,  1009. 

on  Indian  leases,  988,  1004. 

power  to  assign,  1003. 

under  Indian  must  be  pursuant  to  statute,  1009. 
sale  of  Indian  land,  1014. 

mining  cases,  1023. 
salines  for  salt  manufacture,  1213. 

on  Wabash  River,  1199. 
salt  springs,  1197, 1198. 

in  Arkansas,  1200. 
school  lands  in  Oklahoma,  995. 

reserved,  in  Oklahoma,  995. 
Secretary's  consent  to  execution,  subletting  or  transfer  of  Indian,  1009, 1017, 1019, 1027. 
statute  does  not  deprive  Indians  of  royalties,  1008. 
term  for  school  lands  in  Oklahoma,  995. 
working  lead  mines,  1198. 

salt  springs,  1198. 
of,  for  Indian  coal  land,  991. 
title  of  lands  approved,  829. 

subject  to  Attorney  General's  approval,  829. 
transfer  as  distinguished  from  working  agreement  vmder  Indian,  1017. 
LEDGE. 

See  also  Discovery,  Extralateral  rights,  Lode,  Mining  locations,  Vein  or  lode. 

synonymous  with  vein  or  lode,  44. 
LEGAL  TITLE. 

See  also  Patent,  Possessory  rights,  Title. 

to  mineral  lands,  402. 
LICENSE. 

See  also  Lease,  Mining  locations. 

to  explore  for  minerals  limited  to  citizens,  26. 


1582 


INDEX. 


LIENS. 

See  also  Actions,  Alaska,  Courts,  Jurisdiction,  Pleading  and  practice, 
action  to  enforce,  905. 

miners' in  Alaska,  881,  905. 

not  changed  by  statute,  907. 
adverse  claimants  may  contest  in  Alaska,  881. 
against  leased  mine,  904. 
amendment,  881. 

to  correct  mistake,  881. 
attorney's  fees  and  expenses  recoverable,  884. 

recoverable  in  actions  to  enforce  in  Alaska,  882. 
averments  in  a  complaint  to  foreclose,  884. 
binding  force  of  miner's  in  Alaska,  881. 
building  applies  to  mining  purposes,  907. 
character  of  labor  giving  right  to,  884. 
cook  entitled  to,  884. 

costs  recoverable  in  enforcing  miner's  liens  in  Alaska,  882. 
delay  in  enforcement  because  of  amendment,  881. 
duration  of  miner's,  905. 
enforcing  against  mine  and  pleading,  880. 

in  Alaska,  881. 
expires  in  six  months  imless  suit  brought,  905. 
extent  of  laborer's  on  mines  in  Alaska,  880. 

mechanic's  on  leased  mine,  903. 

miner's  lien,  880. 

in  Alaska,  881. 

on  mining  location  for  taxes,  98. 
filing  and  enforcing,  905. 

foreclosure  of  in  Alaska  not  defeated  by  informality,  881. 

mistake,  881. 
laborer's  on  mining  claims  in  Alaska,  881. 
miner's  in  Alaska,  881. 
proceedings  and  appeal,  882. 
for  taxes  on  mining  location,  98. 
joint  action  to  enforce  in  Alaska,  881. 

jurisdiction  of  court  in  Alaska  to  protect  miners  and  laborers,  882. 

to  foreclose  in  Alaska,  881. 
laborer  in  mine  must  file  claim  in  Alaska,  905. 

on  mining  claim  in  Alaska  must  file  notice  of,  880. 
laborer's  on  leased  mine  in  Alaska,  903. 

mines,  flumes,  and  tunnels  in  Alaska,  903. 

in  Alaska,  879. 
mining  claim  in  Alaska  not  waived,  882. 
right  to,  884. 

liability  in  Alaska  for  removing  mineral  after  posting  of  notice  of,  883. 
marshal  may  operate  mine  to  satisfy  in  Alaska,  882. 

mechanic's  for  material  furnished  mine  superior  to  other  legal  processes,  906. 
method  of  enforcing  miner's  lien  in  Alaska,  881. 
miner  in  Alaska  must  file  notice  of  lien,  880. 
miners',  879,  903,  904. 

existing  liens  not  impaired,  907. 

extends  to  all  structures  used  for  mining  purposes,  in  Alaska,  907. 
in  Alaska,  879. 

protected  by  court,  882. 
not  defeated  by  mistake,  881. 

payment  by  owner  to  contractor,  906. 
waived  by  contract  in  Alaska,  882. 
recovery  of  attorney's  fees  and  expenses,  880. 
right  as  between  owner  and  contractor,  906. 
mining  statutes  protect,  675. 
not  impaired  by  patent,  162. 

on  building  or  improvements  extend  to  ditches,  flume,  hydraulic  power,  and  tunnels,  907. 

on  placer  claims  protected,  675. 

owner  may  pay  miner  and  charge  to  contractor,  906. 

parties  to  actions  to  enforce  miner's  liens  in  Alaska,  905. 

penalty  for  removing  notice  of,  from  mine  in  Alaska,  883. 

posted  on  dump,  883. 


INDEX. 


1583 


LIENS-Continued. 

period  of  duration  of  miner's  lien  in  Alaska,  OOf). 
place  of  enforcing  miner's,  in  Alaska,  881. 

pleading  and  practice  in  actions  to  enforce  miner's,  in  Alaska,  881, 905. 
preference  of,  to  laborer  on  mining  claim  in  Alaska,  880. 

miner  on  mining  claim  in  Alaska,  880. 
priority  of,  in  Alaska,  90-1. 

laborer's  and  mortgages  on  mines  in  Alaska,  904. 
protected  by  adverse  possession,  550. 

in  foreclosure  proceedings  in  Alaska,  882. 
protection  to,  G75. 
recording,  905. 

recovery  in  actions  to  enforce,  in  Alaska,  882, 
remedies  for  enforcing  miner's,  in  Alaska,  905. 

satisfaction  of,  in  Alaska,  882. 
right  of  laborer  in  mine,  879. 

or  miner  to  enforce  against  leased  mine,  884,  904. 
State  can  not  create,  against  mineral  land,  951. 
sufficiency  of  claim  for  laborer's,  in  Alaska,  905. 

complaint  to  foreclose,  884. 
suit  to  enforce,  905. 

time  in  which  suit  must  be  brought  to  enforce  miner's,  905. 

of  commencement  of  action  to  enforce,  in  Alaska,  881. 
work  done  in  grading  street  in  Alaska,  905. 
LIEU  AND  INDEMNITY  LANDS. 

See  also  Coal  lands,  Classifications,  Mineral  lands,  Railroad  grants.  Reservations,  School  grants,  State 

grants.  State  selections, 
authority  of  Land  Department  over,  1169. 

local  officers  over,  1170. 
character  of,  determined  at  date  of  selection,  1174. 
limited  to  time  of  selection,  1174. 
unaffected  by  subsequent  discovery  of  minerals,  1174. 
classification  as  coal  lands  will  not  defeat  selection,  1175. 
conditions  for  making  selections  of,  1171. 

selection  in  forest  reservation,  1171. 
coal  lands  selectable  by  State,  824. 
consideration  on  selection  by  railroad,  1230. 
effect  of  patent  for,  1177. 

selection  near  mineral  lands,  1177. 
granted  where  State  lands  are  mineral,  1290. 
grant  of,  to  Colorado  not  to  include  mineral  lands,  1286. 
Land  Department  determines  mineral  character  of,  1182. 
lands  received  for  lands  surrendered  not,  1180. 
subject  to, 1171. 
withdrawn  not  subject  to,  1393. 
lead  mines  excepted  from,  1198. 
limitation  on  railroads  in  selecting,  1126. 
limits  on  selection  by  Northern  Pacific,  1155. 
location  of,  by  railroad  company,  1123. 
made  within  50  miles  of  raiiroad,  1155. 
meaning  of  "  vacant  and  unoccupied , "  1 1 73 . 
mineral  lands  not  excepted  as,  by  railroad  company,  1134. 
selectable  as,  1177. 

in  Nevada,  1286. 
subject  to  selection  as,  1262. 
surveyor  can  not  make  selection,  1177. 
nonmineral  and  unoccupied,  subject  to  selections,  1172. 
oil  lands  as,  1285. 

not  selectable  as,  1143,  1175. 
patent  for,  1177. 

not  conclusive  as  to  nonmineral  character,  1177. 
practice  as  to  selections,  1171. 
proof  as  to  mineral  character  of  base  lands,  1269. 
protected  from  subsequent  discovery,  1183. 
railroad  selected  coal  lands  for  lands  reluiquished,  1231. 

selections  must  be  nonmineral,  1216. 
regulations  as  to  selections,  1170. 


1584 


INDEX. 


LIEU  AND  INDEMNITY  LANDS— Continued, 
right  of  California  to  select  for  school  sections,  1262. 

oil  lands  as,  1285. 
selector  as  against  oil  placer  miaing  location,  1176. 
salt  springs  excepted  from,  1198. 
school  grant  in  Colorado,  1285. 
grants  to  Nevada,  1272. 
selections,  838.  ' 

defeated  by  discovery  of  mineral,  1393. 
selection  after  classification,  1183. 

and  effect  as  to  mineral  character,  1286. 
by  Alabama,  1249. 

Northern  Pacific  on  classification,  1155. 
raikoad  company,  1123,  1126,  1130,  1230. 
conclusive  against  State,  1182. 
where  classification  is  not  shown,  1182. 
State,  824. 

Texas  &  Pacific  Railroad  Co.,  1143. 
in  exchange  of  lands  relinquished,  1180. 
must  be  nonmineral,  1233. 

from  nonmineral  lands,  1182. 
not  affected  by  subsequent  discovery  of  minerals,  1174. 
of,  1169. 

as  evidence  of  mineral  character  of  lands  relinquished,  1262. 
coal  land  as,  1183. 
iron  lands  as,  1183. 
in  Colorado,  1285. 
school  grants,  1262. 
State  grants,  1262. 
lands  classified  as  mineral,  1183. 
near  mineral  lands,  1177. 
under  Colorado  enabling  act,  1280. 
superior  to  subsequent  homestead  application,  1289. 
where  school  lands  are  mineral,  1290. 
selectors' rights  determined  as  a  date  of  selection,  1175. 
State  must  show  mineral  character  of  base  lands,  1323. 

not  permitted  to  make  selection  of,  1269. 
sufficiency  of  proof  as  to  character,  1175. 
surface  indications  as  to  oil  will  not  defeat  selection,  1175. 
titles,  to  protected,  1175. 
vacant  and  unoccupied,  1173. 
vested  interest,  1174. 
rights,  824. 

in  protected,  ins. 
where  school  lands  are  mineral,  838. 
Wyoming  may  select  for  mineral  lands  relinquished,  1293. 
LIMESTONE. 

See  also  Mineral  lands,  Minerals,  Placer  locations.  Stone,  Timber  and  stone  act. 
as  mineral,  33. 

lands  containing,  as  mineral  lands,  689. 

valuable  for,  as  mineral,  8, 18, 19, 1154. 

locatable  under  timber  and  stone  act,  1314. 
not  excepted  from  railroad  grant,  1134. 
locatable  as  placer  claims,  1331. 
location  and  patent,  332. 
not  locatable  as  a  vein  or  lode,  332. 
mineral,  81. 
LINES. 

See  also  End  lines,  Extralateral  rights.  Mining  locations.  Side  lines.  Surface  lines. 

asdetermininglocator'srights,  696. 

conforming  to  survey,  514. 

control  in  patent,  504,  505. 

laid  uponsenior  location,  85. 

location  and  direction,  81. 

parallelism  of  end  lines,  696. 

placer  locations  conforming  to  public,  514. 

public  survey  and  mining  claim,  504,  505. 


INDEX. 


1585 


LINES— Continued. 

right  to  change  on  surface,  182. 

surface,  CM. 

lines  on  existing  location,  514. 
LISTS  OF  LANDS. 

See  also  Railroad  grants.  State  grants. 

convey  the  fee  same  as  patent,  1263. 

duty  of  Conunissioner  of  General  I^and  Office  to  make,  853. 

effect  as  patent,  853. 

title  passes  by  same  as  by  patent,  1263. 

void  if  unauthorized,  1263. 
LOCAL  CUSTOMS. 

See  Customs. 
LOCAL  LAWS. 

See  State  laws. 
LOCAL  REGULATIONS. 

See  Miners'  rules  and  regulations. 
LOCAL  RULES  AND  CUSTOMS. 

See  Miners' rules  and  regulations,  and  State  regulations, 
LOCATIONS. 

See  also  Location  notice,  Locators,  Mining  locations,  Record,  Vein  or  lode. 

meaning,  C92. 

of ,  as  applied  to  coal  lands,  765. 

on  apex  of  vein,  54. 

qualifications  of  locator,  55. 

refers  to  siu-face  and  veins  or  lodes,  692. 
LOCATION  NOTICE. 

See  Notice  of  location. 
LOCATOR. 

See  also  Alien,  Mining  locations.  Possessory  right?.  Possessory  title.  Qualifications,  Vested  rights. 

Vested  title, 
alien  as,  29. 

joint  locator,  30. 
as  purchaser,  22. 

granted  right  to  obtain  mineral  deposits,  21. 

purchase,  21. 
not  a  trespasser,  25. 

required  to  know  the  origin  of  mineral  deposits,  46. 
possessory  rights,  24. 
qualifications,  26. 
right  of  alien  as  joint  locator,  30. 

to  fruits  of  labor, 141. 
title,  26. 

vested  right  in  location,  93. 
LODE. 

See  also  Discovery,  Known  vein  or  lode,  Lode  locations  and  claims,  Mining  locations.  Patent,  Placer 

locations.  Vein  or  lode, 
as  alteration  of  word  "lead,"  44. 
belief  of,  within  placer  insufficient,  561. 
boundaries  may  be  implied,  44. 
burden  of  proof  as  to  knowledge  of,  562. 

consists  of  quartz  or  rock  in  place  and  presence  of  mineral,  44. 
conveyed  by  patent,  721. 

criminal  liability  for  robbing  or  destroying  in  Alaska,  909. 
definition,  32, 107,  649. 

and  meaning,  559. 
existence  a  question  of  fact,  47. 

and  proof,  47. 

evidence  of,  108. 

in  placer  a  question  of  fact,  565. 

proof  of,  108. 
failure  of  placer  application  to  include,  564. 
includes  whatever  a  miner  would  follow  to  find  ore,  45. 
irregular  mass  of  mineral  matter  may  be,  45. 
is  what  a  miner  can  follow  expecting  to  find  ore,  44. 
knowledge  of,  in  placer,  560. 


1586 


INDEX. 


LODE— Continued. 

known  lode  in  placer  claim,  708. 

located  after  placer  patent,  567. 
outside  of  placer  limits,  560. 
reserved  from  placer  patent,  567. 
within  placer,  558. 
location  lengthwise  of,  646. 

limited  to  single,  648. 
marked  on  ground  as  knowledge  of,  562. 
may  be  broken,  crushed,  and  disintegrated  fissured  limestone,  45. 

contain  more  than  one  vein,  108. 
meaning  of  as  used  in  tunnel  act,  166. 
mineral  zone  held  in  pl^ce,  45. 
minerals  may  be  evenly  distributed,  44. 
must  bear  minerals  mentioned  in  statute,  45. 
nature  of,  108. 

not  known  within  placers,  565. 

owner  of  may  apply  for  patent  after  placer  patent,  566. 

ownership  within  placerlimits,  523. 

placer  patent  must  except  known  lodes,  709. 

presumption  as  to  within  placer,  560. 

proof  of  within  placerlimits,  566. 

record  of  location  as  knowledge  of,  562. 

relative  rights  of  placer  and  lode  claimants,  94. 

showing  as  to  existence  in  application  for  placer  patent,  563. 

subject  of  location,  648. 

synonomous  with  vein,  44, 107. 

theory  of  existence  within  placer  insuflficient,  561. 

time  when  known  to  ex*ist  in  placer,  559. 

used  by  miners  as  vein  containing  ore,  44. 

vein  synonomous,  107. 

waived  if  not  included  in  placer  application,  564. 
what  constitutes,  44,  107. 

knowledge  of  in  placer,  560. 
within  placerlimits,  558. 
LODE  LOCATIONS  AND  CLAIMS. 

See  also  Adverse  claims,  Discovery,  Locator,  Mining  locations.  Patent,  Placer  locations, 
application  for  patent  after  placer  patent,  566. 

not  to  include  placer,  324. 
claimant  not  effect  by  placer  patent,  572. 
duty  to  adverse  placer  application,  569. 
effect  of  proof  of  on  placer  patent,  57. 
excluded  from  placer  patent  without  location,  571. 
failure  of  applicant  to  adverse  placer  application,  576. 
form  and  extent  within  placer  limits,  568. 
limitation  as  to  width  within  placer  limits,  568. 
location  within  placer  limit,  574. 
not  conveyed  by  a  placer  patent,  574. 
patent  for  as  evidence  against  placer  patent,  572. 

within  placerlimits,  574. 
proof  as  to  existence  after  placer  patent,  566. 

in  application  for  patent  as  against  placer  patent,  566. 

court  of  existence  after  placer  patent,  575. 
of  existence  within  placer  patented  claim,  566. 
quieting  title  to  within  placer  limits,  575. 
rights  established  by  adverse  suit,  569. 

protected  as  against  placer  patent,  573. 
superficial  area  within  placer  limits,  575. 
validity  when  located  within  placer  limits,  572. 
application  for  placer  and  lode,  568. 
LOUISIANA. 

See  also  Lead  mines,  Saltues,  Salt  springs,  State  grants, 
lead  mines,  1242. 

mineral  lands  excepted  from  homestead  grant,  1090. 
salines,  1242. 
salt  springs,  1242. 
LUSTRAL  STONE.  . 

lands  valuable  for  are  mineral,  8. 


INDEX. 


1587 


M. 

MAP. 

See  also  Diagram,  Description,  Patent  pro(;eedinKs,  Plat,  Survey. 

right  of  way  must  bo  approved  by  Secretary,  1228. 
MANGANESE. 

as  mineral,  80. 
MARBLE. 

Seo  also  Minerals,  Stone, 

as  mineral,  332. 

deposit  of  not  a  vein  or  lode,  44. 
improvements  on  one  of  group  claims,  332. 
.  lands  containing  as  mineral  lands,  689. 

locatable  as  placer  claims,  .519. 
valuable  for  are  mineral,  8, 18,  20. 

excluded  from  railroad  grant,  1126. 
locatable  as  placer  claims,  1331. 
location  and  patent,  332. 
not  mineral,  81. 

bearing  rock,  44. 
MARKING  LOCATIONS. 

See  also  Boundaries,  Description,  Mining  locations.  Monuments,  Placer  locations. 

accuracy  required,  180. 

actual  notice  of  location  equivalent  to,  216. 

application  of  provisions  to  placer  claim,  215. 

as  first  step  toward  obtaining  title,  214. 

basis  of  right  of  exclusive  possession,  214. 

boundaries  destroyed,  225. 

must  be  traceable,  213,  214. 
not  required  to  be  marked,  218. 
change  of  boundaries,  224. 

monuments  by  strangers,  225. 
construction  of  provision  for  marking  boundaries,  178. 

requirement,  217. 
courts  construe  provision  liberally,  217. 
delay  in  at  risk  of  locator,  219. 
does  not  constitute  location,  217, 
eflect  of  destruction  of  marks,  225, 

in  patent  application,  320. 

failure  to  mark,  215. 
fact  of  not  required  in  notice,  217. 
failure  to  mark,  224. 
good  faith  location  upheld,  180. 
insufficient  marking  instances,  223. 
kinds  of  markings,  220. 

marks  used,  222. 
location  in  mountainous  district  will  not  excuse  marking,  215. 

not  complete  until  marked,  219. 

required  to  be  marked,  218. 
maimer  of  not  specified,  309, 310. 
marking  center  line  sufficient,  221. 

provisions  mandatory,  215, 
markings  control  coursesand  distances,  212, 232. 

destroyed,  225. 
marksneed  not  be  on  the  aclnial ground,  218. 
may  follow  discovery,  72. 

precede  discovery,  219. 
means  of  identifying  claim,  216. 
methods  of  marking,  220, 

not  specified,  220, 
mineral  monuments,  231, 

mistake  in  setting  stakes  will  not  invalidate  location,  232, 
necessary,  if  possession  not  actual,  206. 

part  of  the  location,  215. 
no  presumption  of  discovery  from,  80. 
not  canceled  for  error  of  land  office,  180. 
notice  as,  198. 

posted  as,  197, 


1588 


INDEX. 


MARKING  LOCATIONS— Continued, 
obliteration  and  effect,  92. 
on  ground,  653. 
order  of  steps  immaterial,  219. 
physical  marks  or  monuments  necessary,  218. 
placer  locations  included  in  requirement,  216. 
proof  of,  on  application  for  patent,  306. 
provision  not  dispensed  with  by  construction,  215. 
purpose  of  requirement,  216, 

to  define  surface  of  ground  claimed,  216. 

prevent  floating,  216. 
question  of  fact,  217. 
record  of,  not  required,  209. 
regard  must  be  had  to  nature  of  ground,  220. 
removal  of  stakes  or  monuments,  225. 
renewal  of  stakes  not  required,  225. 
requirement,  694. 

as  to,  in  Alaska,  214. 
second  marking  after  discovery  unnecessary,  219. 
showing  in  patent  proceedings,  289. 
stakes  as  marks,  221,  222, 

sufficient  as,  220. 
strict  compliance  necessary,  215. 
sufficiency,  214,  220,  694. 

as  against  physical  impossibilities,  220. 

of,  instances,  221. 

with  reference  to  surface  characteristics,  220, 
sufficient,  if  done  after  record  is  made,  219. 

furnishes  means  of  identification,  218. 
made  before  rights  intervene,  219. 
tunnel  location  not  required  to  be,  283. 
when  junior  locator  can  complain  for  want  of,  221. 
McALESTER. 

See  also  Appropriations,  Bureau  of  Mines, 
mine-rescue  station  at,  930. 
MERGER. 

See  also  Judgment,  Patent,  Title, 
estates  merged  by  patent,  408. 
MESQUITE. 

See  also  Cutting  timber.  Desert  lands,  Timber-cutting  act, 

cutting  restricted  on  mineral  land,  1325. 
MEXICAN  CLAIM. 

rights  as  against  railroad  indemnity  selection,  1131. 
MEXICAN  GRANTS. 

absence  of  mineral,  109^. 

grantee  entitled  to  patent,  if  lands  not  mineral,  1092. 
improved  lands  withdrawn  from,  1092. 
methods  of  ascertaining  rights  of  claimants,  1079. 
mineral  lands  excluded,  1092, 

in,  open  to  exploration,  13. 
minerals  do  not  pass  under,  1079, 

remain  property  of  United  States,  1079. 
reserved  from,  1079, 
proof  of  mineral  character  of  land,  1093. 

to  obtain  title,  1092. 
title  confirmed,  1091. 

to  minerals  remain  in  United  States,  1093. 
mines  confirmed,  1092. 
MEXICAN  LAWS. 

classification  and  disposal  of  mineral  lands,  291. 
extent  of  protection  to  mines  of  gold  and  silver,  1091, 
extralateral  rights  not  granted  by,  104. 
locator  confined  to  perpendicular  lines,  323. 
minerals  reserved  from  grants  under,  1076, 
provisions  as  to  underground  rights,  104, 
title  to  mines  under,  1091. 


INDEX. 


1589 


MEXICAN  SURVEY. 

form  of,  849. 
MEXICAN  TITLES. 

confirmation  and  protection,  1092. 

mineral  grant  to  Moradillos  confirmed,  1092. 

rights  under  treaty  of  Gaudalupe  Hidalgo  protected,  1092. 

MEXICO 

duty  of  Surveyor  General  as  to  lands  acquired  from,  1208. 
lands  reserved  from  mineral  location,  1207. 
minerals  passed  to  United  States  by  cession,  1076. 
MICA. 

lands  containing,  as  mineral  lands,  689. 
valuable  for,  are  mineral,  8,  18. 
MICHIGAN. 

application  of  mineral  laws,  630. 

distinction  between  mineral  and  public  lands  abrogated,  1086. 
grant  of  salines  to,  1254. 

salt  springs  to,  1254. 
iron  ore  not  included  in  "other  valuable  ores,"  1083. 
land  district,  1081. 

lands  containing  coal  and  iron  subject  to  sale,  1093. 
mineral  lands  not  withdrawn  from,  1083. 

reserved  from  grants  in,  1275. 
purchase  of  coal  lands,  1093. 

iron  lands,  1093. 
price  of  mineral  lands  in,  reduced,  1086. 
sale  of  mineral  lands  in,  1081. 
salt  springs,  1204. 

confirmed,  1205. 
salt  springs  excluded  where  private  rights  are  vested,  1255. 

limited  to  twelve,  1254. 
survey  of  lands  and  notations  as  to  minerals,  1083. 
MILLING. 

See  also  Mill  sites,  Mining  purposes,  Rights  of  way. 
grant  of  right  of  way  for,  1193. 
rights  of  way  in  Alaska,  1193. 
MILL  SITES. 

See  also  Improvements,  Mining  purposes,  Patent  proceedings.  Quartz  mills.  Reduction  works.  Title. 

abandonment  by  lapse  of  time,  261. 

abutting  against  end  of  raining  claim,  596. 

acreage,  593,  594,  596,  598,  600,  605. 

adjacent  to  lode  claim,  596. 

adjunct  of  mine,  599. 

adverse  claim  not  required,  375. 

application  for  patent,  331,  709. 

confirmed  by  board  of  equitable  adjudication,  855. 
improvements  and  proof,  602. 

insuihcient  improvements,  603. 
land  not  contiguous  to  lode  claim,  600. 
mineral  character  of  land,  598. 
nonmineral  character  of  land,  598. 
notice  and  posting  of,  598. 
number  of,  605. 
patented  with  lode  claim,  597. 
performance  of  representation  work,  606. 

statutory  requirements,  606. 
proof  as  to  location  of  mill  site,  600. 
of,  600. 

posting  notice,  598. 
publication  of  notice,  598. 
use  as,  600. 
quantity  of  land  for,  605. 
quartz  mill  as  improvements,  603. 
reduction  works  as  improvements,  603. 
sufficiency  of  improvements,  602. 
use  for  mining  purposes,  601. 

water  for  mining  purposes,  604. 
in  connection  with  tunnel,  605. 


1590 


INDEX. 


MILL  SITES— Continued. 

application  of  section  2337,  593. 

section  as  to  intersecting  vein,  587. 

area  of,  709. 

as  a  mining  possession,  594,  595. 

burden  of  proof  to  show  nonmineral  character,  607. 

compliance  with  local  laws  and  customs  as  to  location,  607. 

requirement,  594. 
coimection  with  lode  claim  without  mineral  mining,  607. 
construction  of  statutory  provision  as  to,  595. 
contiguous  to  side  line  of  lode  claim,  596. 
disposed  of  as  nonmineral  land,  599. 
duty  of  surveyor  to  note,  849,  851,  1194,  1195. 
effect  of  final  proof  as  against  adverse  claim,  607. 

when  not  contiguous  to  lode  claim,  596. 
enterable  with  Porterfield  scrip,  597. 
evidence  of  possession,  601. 
excepted  from  town-site  patent,  1373. 
expenditures  and  improvements  on,  implied,  606. 
extent  of  possession,  596. 
improvements,  602,  603. 

as  evidence  of  possession,  596. 
exclude  from  homestead  appropriation,  607 
insufficient  to  warrant  patent,  603. 
in  connection  with  reduction  works,  594. 
insufficient  use  for  mining  or  milling,  603. 

of  water  to  justify  patent,  604. 
land  for,  must  be  nonmineral,  605. 
location  abutting  on  end  of  lode  claim,  596. 
after  patent  for  lode  claim,  595. 
and  record,  709. 
as  mining  claim,  595. 
by  owner  of  lode  claim,  595. 

quartz  mill,  595. 
reduction  works,  595. 
in  contact  with  side  line  of  lode  claim,  594. 
not  contiguous  to  lode  claim,  600. 
of,  709. 

on  nonmineral  lands,  594,  595. 

shore  not  permitted  in  Alaska,  864. 
within  limits  of  railroad  grants,  1114. 
lode  locator  may  adverse  application  for,  476. 
meaning  of  "adjacent  ground,"  596. 

"mining  purposes,"  602. 
"noncontiguous  ground,"  596. 
"vein  or  lode  "  as  applied  to,  595. 
miners'  rules  as  to,  in  Alaska,  901. 
naked  possession  insufficient,  605. 
noncontiguous  grovmd,  596. 

to  lode  claim,  600. 
nonmineral  lands,  709. 

character  of  land,  599. 
lands  only  used  as,  598. 
no  patent  for  within  railroad  grant,  607. 
notations  as  to  by  surveyors,  850. 
not  included  in  town-site  patent,  596. 

locatable  on  nonmineral  lands  within  railroad  grant,  1114. 
sixty-foot  roadway  in  Alaska,  874. 

number  of,  605. 

on  contiguous  land,  596. 

patent  authorized,  698. 

for,  with  lode  claim,  698. 
for,  with  lode  claim,  601,  602. 

in  absence  of  adverse  claim,  606. 
proceedings  to  obtain,  594. 
possession  of  mill  site,  596. 


INDEX. 


1591 


MILL  SITES— Continued. 

posting  notice  of  application  for  patent,  598. 
proroquisitos  to  patent,  595. 
presumption  as  to  continuation  of  vein,  599. 
proof  as  to  use,  594,  GOl. 

of  character  of  lands,  709. 
to  exclude  from  town-site  entry,  607. 
obtain  patent,  596. 
purpose  of  prohibition  against  contiguity,  709. 
section  2337,  593. 
statutory  requirement,  594. 
quantity  of  land  for,  605. 

questions  in  which  Government  is  concerned,  594. 
record  of,  709. 

right  of  locator  to  surface,  596. 

lode  locator  to  patent,  709. 
o\\Tier  to  use  timber,  605. 
to  patent,  595. 

depends  on  existence  of  reduction  works,  601. 

quartz  mill,  601. 

rights  lost  by  failure  to  adverse,  438. 

of  locator,  595. 
roadways  over,  on  water  fronts  in  Alaska,  874. 
separate  for  each  lode  claim  not  authorized,  606. 
State  statutes  regulate,  599. 

statutes  provide  for,  in  connection  with  lode  claim,  593. 
subsequent  discovery  of  mineral  on,  599. 
sufficiency  of  survey,  607. 
survey,  607. 

in  patent  proceedings,  596. 
title  to,  as  basis  of  adverse  claim,  442. 
land  acquired  for,  594. 
not  acquired  under  town-site  laws,  1373. 
two  classes  of  claims  patentable,  594. 
use  by  lode  claimant  for  milling  purposes,  593,  594. 
owner  of  quartz  mill,  594. 
for  mining  and  milling  purposes,  594. 
quartz  mill,  594. 
reduction  work,  594. 
in  connection  with  mining  operations,  594. 

tunnel,  605. 
of,  for  mining  purposes,  603. 

land  for  question  of  law  and  fact,  600. 
timber  not  mining  or  milling,  605. 
water  used  for  mining  purposes,  604. 
Within  limits  of  railroad  grant,  607. 
MILL-SITE  CLAIMANT. 

contest  with  agricultural  claimant,  607. 

town-site  claimant,  607. 

MINER. 

See  also  Alaska,  Liens. 

right  to  lien  on  mine  operated  by  lessee,  884. 
MINERAL  AFFIDAVIT. 

based  upon  examination  made  within  three  months,  1290. 

required  in  State  selections,  1290. 
MINERAL  APPLICANT. 

proof  to  show  mineral  character  of  land,  1283. 
MINERAL  CHARACTER  OF  LAND. 

See  also  Adverse  claims,  Coal,  Land  Department,  Lands  valuable  for  minerals,  Mining  locations, 
Valuable  mineral  deposits. 

action  on  adverse  claim  as  an  admission  of,  384. 

agricultural  lands  may  have,  532. 

assay  certificate  not  proof  of,  1119. 

as  to  entire  placer  location,  531. 

binding  effect  of  judgment  determines,  316. 

burden  after  mineral  entry,  318. 

of  proof  after  exclusion  from  railroad  grant,  317. 


1592 


INDEX. 


MINERAL  CHARACTER  OF  LAND— Continued, 
burden  of  proof  after  nonmineral  return,  1187. 

one  determination,  316. 
as  to,  801. 

Indian  lands,  1187. 
in  school  grants,  317. 
to  justify  timber  cutting,  1348. 
on  protestant,  317. 

where  land  is  returned  as  mineral,  319. 
can  not  be  assumed,  315. 

waived,  315. 
classification  by  commissioners,  1152. 
coal  entry,  753. 

commission  to  determine  in  grant  to  railroad,  1148, 1152. 

Idaho,  1148. 
Montana,  1148. 

conclusiveness  of  determination  by  Land  Department,  467. 
contest  as  to,  582. 

between  agricultural  and  stone  claimants,  847. 
courts  may  determine  in  adverse  suit,  467. 

can  not  determine,  315. 
date  of  determination  under  timber  and  stone  act,  1316. 
decision  of  Federal  court  as  evidence  of,  1286. 

Land  Department  conclusive  as  to  railroad  grants,  1135. 
determination,  842,  950,  1295. 

and  exception  from  railroad  grant,  1151. 

as  to  private  land  claims,  1077. 

by  Land  Department  confers  a  vested  right,  1169. 

conclusive,  315,  316. 

of  character  of,  1118. 

in  Land  Department,  1137. 

conclusive,  1119, 1135. 
railroad  grants,  1118, 1131, 1135. 
town  sites,  1370. 
on  homesteads,  1226. 
determined  by  Land  Department,  870, 1370. 

methods  of  mining,  627. 
proof  as  against  surveyor's  notation,  1195. 
from  production  of  coal,  745. 
determining  point  until  patent  issues,  1121. 
discovery  after  agricultural  entry,  626. 

of,  before  patent  defeats  railroad  grant,  1135. 
effect  as  to  right  to  cut  timber,  1340. 
in  town  sites,  1358. 

of  adjacent  lands  on  classification,  1153. 
adjudication,  842. 
certificate  of  deputy  surveyor,  851. 
classification  of  coal  lands,  820, 

on,  1154. 
desert-land  act  on,  950. 
grant  to  State,  314. 
pat-^nt  to  railroad  company,  1177. 
return  of  surveyor  general,  1295. 
surveyor's  return,  1120. 
withdrawal  on  protest,  1391. 
on,  of  character  of  near-by  land,  1177. 
where  lands  are  covered  by  homestead  entry,  314. 
minerals  have  been  exhausted,  317. 
efforts  by  Land  Department  to  discover,  1136. 
essential  to  patent,  402. 
evidence  of,  842. 

on  classification,  820. 
exclusion  from  railroad  grant,  317. 
extent  of  minerals  in  railroad  grant,  1122. 

on  right  to  cut  timber,  1341. 
general  rule  for  establishing  not  given,  1317, 
geological  formation  not  controlling,  16. 


INDEX. 


1593 


MINERAL  CHARACTER  OF  LAND— Continuod. 
grant  to  Utah,  1295. 
hearing  to  determine,  843. 

as  against  agricjiltural  claimant,  (52.'). 

before  patent,  314. 

in  raihoad  grants,  1118,  1131. 
homestead  entry  not  permitted,  844. 
in  homestead  settlements,  122fi. 

inquiry  as  to,  not  opened  because  of  defective  notice,  845. 
in  town  sites,  1370,  1380. 

jurisdiction  of  Land  Department  to  determine,  1119. 
to  determine  in  adverse  claim,  372. 

town  sites,  1370. 
knowledge  of  officers  of  Land  Department,  1135. 
Land  Department  determined  in  Alaska,  863. 

notwithstanding  classification  commissioner,  1152. 
until  patent,  1119. 
must  determine,  315. 

before  issuing  patent,  315,  316. 
jurisdiction  to  determine,  467. 
lands  returned  as  mineral,  1104. 

valuable  for  mineral,  510. 
local  officers  may  inspect  to  determine,  315. 
location  of  railroad  as  determining  point,  1121. 
meaning  as  to  application  of  timber-cutting  act,  1340. 
methods  for  determining  and  classifying,  1153. 

State  grant,  1290. 
mill  sites  as  nonmineral,  598. 
mineral  springs  do  not  determine,  319. 
mining  operations  not  necessary  to  establish,  313 
not  determined  by  affidavit  of  applicant,  972. 

certificate  of  location,  319. 
in  action  to  quiet  title,  870. 
left  to  accident  of  future  ages,  1121. 
proved  by  character  of  adjoining  lands,  17. 
questioned  after  patent,  1137. 
of  land  once  determined,  842. 

open  for  determination  until  payment  and  final  receipt,  843. 
to  inquiry  until  patent  issues,  1122. 
until  final  entry,  843. 
patent  issued  only  on  proof  of,  314. 
persons  entitled  to  notice  of  contest,  582. 
presumption  as  to,  from  location,  313. 

from  surveyor's  return  in  railroad  grants,  1120. 
prima  facie  proof  of,  1359. 

established  by  classification  as  oil  lands,  1134. 
proof,  16,  1118, 

and  determination  as  against  railroad  grant,  11  IS. 
'  based  upon  actual  production,  16. 
by  adverse  claimant  as  against  homestead  entry,  843. 
in  adverse  proceedings,  467. 

contest  between  different  claimants,  511. 
insufficient  to  show,  319. 
in  town  sites,  1358. 
must  be  specific,  16. 
of,  753. 

in  grant  to  California,  1263. 
patent  proceedings,  313. 
school  grants,  1263. 
town  site,  1380. 
mining  location  raises  presumption  of,  313. 
nonmineral  character  of  land  defeats  patent,  314, 
presence  of  coal,  743. 
sufficient  to  defeat  nonmineral  applicant,  315, 
establish,  317, 1153. 
sustain,  1147,  1263. 
56974°— Bull.  94,  pt  2—15  49 


1594 


INDEX. 


MINERAL  CHARACTER  OF  LAND— Continued, 
proof  to  defeat  homestead  claimant,  314,  316. 
establish  nonmineral  character,  318. 
where  lands  returned  as  agricultural,  318. 
protestant  can  not  deny  to  prevent  patent,  425. 
question  of  fact,  1118. 

as  to  cutting  timber,  1340. 
railroad  grants,  1146. 

hearing  to  determine,  1103. 
time  of  determination,  1103. 
retiun  of  surveyor  general  as  basis,  1131. 
rights  not  changed  by  subsequent  conditions,  1226. 
showing  on  stone  lands,  1316. 
silver  ore  sufficient  to  establish,  314. 
subsequent  discovery  of  mineral  does  not  affect,  1169. 
sufficiency  of  proof  in  application  for  patent,  313. 

to  justify  patent,  314. 
sufficient  to  defeat  homestead  patent,  425 
surveyor  general's  return,  1295. 
time  for  final  determination,  1135,  1226. 

of  determination  in  railroad  grants,  1121. 
tribunal  for  determining  as  to,  in  railroad  grants,  1152. 
value  of  mineral  in  raihoad  gran  c,  1122. 
what  constitutes,  1295. 
MINE  EXPLOSION. 

appropriation  for  mine  inspection,  807. 
explosion  of  coal  dust,  807. 

liability  of  operator  for  coal  dust  explosion,  807.  ^ 
MINE  INSPECTION. 

See  also  Coal  mines.  Inspection  of  mines. 

appropriations  for,  807-811. 
MINERAL  CLAIMANT. 

See  also  Adverse  claims,  Agricultural  claimant,  Burden  of  proof,  Claimant,  Coal  lands,  Lands  valuable 
for  minerals.  Mineral  character  of  land.  Mining  locations,  Patent  proceedings. 

application  for  patent  by,  after  to^^^l-site  patent,  1362. 

Black  Hills  claimants  protected,  957. 

burden  of  proof  as  to  character  of  land  under  stone  act,  1313. 

lands  returned  as  agricultural,  850. 
in  contests  with  agricultural  claimant,  845. 

controversy  with  agricultural  claimant,  33. 
shifts  to,  317. 

to  show  character  of  lands,  627. 
proving  mineral  character  of  land  in  Oklahoma,  1187. 
to  prove  mineral  character  as  against  nomnineral  entry,  625. 
where  land  is  within  railroad  grant,  1104. 
coal  lands,  747. 

contest  with  homestead  claimant,  1047. 
entitled  to  patent  on  approval  of  entry,  333. 

failure  of  surveyor  to  segregate  mineral  from  agricultural  lands,  640. 
filing  certificate  of  surveyor  general,  341. 
hearing  to  determine  mineral  character  of  railroad  lands,  319. 
homestead  claimants,  864. 

no  discrimination  as  against  homestead  claimants,  875. 

not  entitled  to  occupy  surface  ground  in  town  sites  in  Alaska,  1379. 

objection  to  agricultural  entry,  846. 

patent  not  required  to  protect,  654. 

payment  of  cost  of  publication,  579. 

possessory  right  on  town  site,  1258. 

proof  of  discovery  as  against  agricultural  claimant,  79. 

mineral  claimant,  79. 
reference  to  board  of  equitable  adjudication,  854. 
relative  rights  of,  and  town-site  occupants,  1360. 
relinquishment  of  part  of  claim,  325. 
restricted  to  surface  lines,  322. 
right  to  employ  mineral  surveyor,  578. 


INDEX. 


1595 


MINERAL  CLAIMANT— Continued, 
rights  as  against  State  selections,  854. 

town-site  claimant,  1356,  1378. 
owner,  1360. 
patent,  1372. 
in  Alaska  prior  to  Government  act,  874. 
of,  in  Black  Hills  withdrawal,  957. 

school  lands  in  Colorado,  1283. 
on  Mexican  lands  protected,  1208. 
superior  to  town-site  claimant,  1368. 
second  homestead  entry  not  permitted  as  against,  1388. 
statute  protects  possession,  1358. 
vested  rights  of,  in  Alabama  protected,  797. 
MINERAL  DEPOSITS. 

See  also  Lands  valuable  for  minerals.  Mineral  character  of  land,  Minerals,  Mining  locations,  Placer 
locations. 

all  in  Kansas,  and  Missouri  excepted  from  mining  statutes,  723. 
appropriations  for  inspecting,  1095. 

in  Alaska,  1095. 
commissioner's  report  as  to, in  Colville  Reservation,  971. 
custom  as  to  taking  before  mining  statutes  enacted,  638. 
disposable  under  mining  laws,  104. 
disposal  governed  by  original  act  of  1841,  725. 
disposed  of  as  placer  claim,  509. 
embraced  within  definition  of  vein  or  lode,  37. 
exploration  and  purchase  authorized,  13. 

for,  limited  to  citizens,  26. 
extent  of,  to  support  discovery,  75. 
forms  in  placer  location,  517. 
free  and  open  to  exploration  and  purchase,  640. 
Government's  offer  to  give,  53. 
granted  by  mining  statutes.  111. 
inspecting,  951, 1095. 
inspection  of,  in  Alaska,  1095. 

judicial  notice  as  to,  in  Seward  Peninsula,  Alaska,  883. 
kind  locatable  as  placer  claims,  518 
locatable  as  lode  claims,  94. 

placer  claims,  95. 
lode  and  placer  in  same  groimd,  557. 
meaning  and  test  as  to  value,  6. 

of,  as  used  in  tunnel  act,  165. 
not  acquired  by  agricultural  patent,  403. 

open  to  occupation  in  patented  town  sites,  10. 
reserved  from  Indian  allotments,  1185. 
on  Indian  allotments,  1185. 
open  to  occupation  and  purchase,  25. 

under  raining  statutes,  113. 
exploration  and  purchase,  688. 

within  town  sites,  1357. 

location,  25. 

in  Philippine  Islands,  1054. 
ownership  in  placer  location,  95. 
particular  minerals  included,  8, 18-20. 

not  included,  20. 
substances,  8, 18-20. 
policy  of  Government  to  open,  10. 
preservation  of,  in  reservation,  1162. 
protection  of,  within  public  park,  1184. 

purchaser  obtains  right  to,  on  compliance  with  mining  statutes,  113. 

reservation  and  location,  1051, 1052. 

reserved  from  allotment  of  Indian  lands,  1004. 

right  to  explore  for,  limited  to  citizens  of  United  States,  26. 

subject  to  exploration,  10. 

substances  included,  689. 

sufficiency  to  make  land  valuable  for,  841, 

survey,  1094. 


1596 


INDEX. 


MINERAL  DEPOSITS— Continued, 
test  and  value,  5. 

for  location  of  land  containing,  38. 
title  confirmed  in  first  taker,  26. 
value  not  inquired  into,  309. 

of  to  support  discovery,  75. 
MINERAL  ENTRY. 

See  also  Cancellation,  Patent  proceedings,  Repayment. 

application  of  relief  act  on  cancellation,  1219. 

canceled  where  proof  fails  to  show  mineral  character  of  land,  1283. 

effect  of  homestead  prior  to  cancellation  of,  846. 

excepted  from  town-site  patent,  1363. 

not  affected  by  State  grant,  1288. 

withdrawal  order,  1391. 
repayment  if  erroneous,  847. 

not  ordered  if  obtained  by  fraud,  847. 
on  cancellation,  1233. 

not  authorized  in  absence  of  discovery,  1220. 
when  repayment  is  authorized  on  cancellation  of,  1220. 
MINERAL  IMPROVEMENTS. 

See  also  Annual  labor.  Improvements,  Patent  proceedings, 
nature  and  effect  of  on  stone  lands,  1317. 
what  constitutes,  626. 
MINERAL  LANDS. 

See  also  Coal  lands.  Discovery,  Iron  lands,  Known  mines,  ±Cnown  veins  or  lodes.  Lands  valuable  for 
minerals,  Mineral  deposits,  Mining  locations.  Placer  locations,  Railroad  grants.  State  grants,  Stone 
lands,  Veins  or  lodes, 
above  high  tide  open  to  location  in  Alaska,  874. 
absence  of  legislation  as  to  gold-bearing,  1089. 

surveyor's  notation  indicates  nonmineral  character,  1180. 
absolute  title  not  acquired,  789. 
acquired  in  Montana  only  under  mining  laws,  3. 
only  under  mining  laws,  3. 
under  mining  laws,  4. 
acquiring  title  to  under  California  survey  act,  1261. 

under  mining  statutes,  625. 
acquisition  of  possible  estates  in,  402. 

subject  to  miner's  rules,  13. 
under  mining  laws  only,  11, 104. 
acts  for  disposal  of,  1201. 
adjudication  as  to  character,  842. 
affidavit  of  applicant  does  not  determine,  972. 
agricultural  also,  625. 

entry  abandoned  after  classification,  801. 
entry  on,  6,  844. 

patent  void  if  lands  known  to  be,  836. 
purposes,  627. 

settlements  on  protected,  624. 
Alabama,  796. 

Alabama's  right  to  select  under  University  grant,  1251. 
Alaska,  883. 

all  kinds  of  mineral  deposits  excepted  from  railroad  grant,  1134. 
allotment  to  Indians,  977. 

not  subject  to  entry,  969. 
prohibited,  968. 
along  streams  in  Alaska,  867. 
application  of  act  for  disposal  of,  974. 

exceptions  to  Arizona,  1300. 

mining  statutes  to,  639. 

proceeds  of  sale  of  Indian  lands,  971. 

settlers'  relief  acts  to,  1225. 

term  "mineral,"  5. 

to  known  mines  or  salines,  1225. 

timber-culture  act  to,  1225. 
appraisement  in  military  reservation,  1187. 

of  Indian  lands,  1029,  1032. 


INDEX. 


1597 


MINERAL  LANDS— Continued. 

appropriation  for  t;lassification  in  Idaho,  llfHi,  llf)?. 

Montana,  115G,  1157. 

onand,883. 
are  those  which  it  will  pay  to  mine,  12, 
as  coal  lands,  742. 

lands  valuable  for  minerals,  1153. 
assent  of  Congress  to  occupation,  835. 
authority  to  cut  timber  on,  1339. 
Baca  grant  does  not  include,  1077. 
broad  significance  of,  1201. 

burden  of  proof  as  between  contesting  claimants,  316. 
on  nonmineral  claimant,  814. 
as  to  cutting  timber  on,  1348. 
by  contestants,  7. 

California,  1094. 

authorized  to  sell  all  lands  except  mining  locations,  1278. 
•     ceded  by  Indians,  996,  997,  999. 

open  to  mineral  entry,  994. 
from  Indians  subject  to  mining  location,  981. 
Indian  lands  classified  as,  981. 
certified  list  as  patent,  854. 
change  of  policy  as  to,  639. 

character  determined  at  date  of  survey  in  Colorado,  1282,  1283. 
by  Land  Department,  294. 
from  production  of  coal,  745. 
of  land  once  determined,  842. 

within  forest  reservation  determined  by  Land  Department,  1166. 
open  until  final  entry,  843. 
claim  as  to  not  made  after  patent,  1137. 
classification,  291,  1154. 

and  effect,  793. 

as  mineral  and  right  of  railroad  to  select,  1126. 

to  method  of  acquiring,  94. 
by  surveyor  general,  1180. 
determines  right  to  cut  timber,  1153. 
in  Alabama,  1095. 
of  ceded  Indian  lands,  983. 

coal  lands,  820. 

in  Colville  Indian  Reservation,  970. 
Idaho,  1148. 

Indian  reservations,  978,  984,  985,  986. 
Indian  lands  as,  970,  977. 

by  commission,  1029. 
in  Montana,  1148. 

railroad  grants,  1151. 
mineral  lands,  981. 
coal  and  iron  as,  793. 

included  as  within  forest  reservation,  1167. 
lands  are,  and  do  not  pass  to  California,  1262. 

classed  as,  740,  742,  787,  812,  1202, 
locations  on  ceded  Indian  lands,  981. 
reserved  to  Indians,  1026. 
commission  to  classify  Indian  lands,  1029. 

commissioners'  report  show,  in  Colville  Indian  Reservation,  971. 

comparison  of  value  with  agricultural,  625. 

construction  of  section  2302,  839. 

contestants,  7. 

corporations,  883. 

cutting  timber  on,  1350. 

for  mining  purposes,  1342. 
in  mining  districts,  1344. 
Department  determines  mineral  character,  315. 
determination  a  question  of  fact,  1119. 

as  to  mineral  character,  315,  690,  814,  842,  1290, 
of  character  by  that  of  adjoining  lands,  1177. 
for  coal,  743. 


1598 


INDEX. 


MINERAL  LANDS— Continued, 
discovery  within  town  site,  1358. 
disposal,  2,  11,  291,  685, 1080. 

as  agricultural  lands  in  Alabama,  793. 

a  matter  of  revenue,  291. 
by  Land  Department,  11. 

system,  637. 
governed  by  original  act  of  1841, 725. 
of  ceded  Indian  lands,  981,  994. 

further  developed  and  perfected,  672. 
in  abandoned  reservations,  1178. 
Alabama,  793. 

as  agricultural  lands,  795. 
California,  1086. 

Fort  Walla  Walla  Reservation,  1187. 
Indian  reservations,  978,  984,  985,  986,  1184. 
Oklahoma,  975, 1299. 
Siletz  Indian  Reservation,  997. 
lands  ceded  by  Indians,  975,  976. 
oil  and  gas  lands  in  Oklahoma,  1299. 
remnant  of  timber  cut  on,  1344. 
unallotted  Indian  lands,  983. 
under  grant  to  Oklahoma,  1299. 
mineral-land  laws,  11,  978. 
mining  statutes,  11,  291,  294. 
where  ceded  by  Indians,  amendment,  980. 
on  compliance  with  statute  and  payment  of  price,  690. 
to  occupants  and  claimant  provided  for,  638. 
subject  to  miners'  rules  and  customs,  685. 
disposed  of  by  Land  Department,  4. 

in  limited  quantities,  655. 
distinction  from  other  public  lands  abrogated  in  Michigan  and  Wisconsin,  1086. 
division  into  classes,  94. 
do  not  pass  in  school  grant  to  Colorado,  1282. 

to  California  under  school  section  grant,  1260. 
duty  of  register  as  to  timber  cutting,  1346. 

surveyor  to  note,  850. 
effect  of  adjudication  as  to  character  on  discovery,  79. 
bona  fide  homstead  entry,  800. 
classification  in  railroad  lands,  1154. 
exception  from  preemption  and  settlement,  840. 
general  reservation,  799. 
grant  to  Alabama  on  coal  lands,  1249. 
mining  statutes  upon,  638. 
plat,  16. 

return  of  surveyor  general,  747. 

prior  to  public  survey,  1230. 
selection  of  lieu  lands  near,  1177. 
settlement  upon  in  California,  1086. 
statutory  reservation  on  agricultural  claimants,  7. 
subsequent  discovery,  747,  843. 
town  site  located  on,  1368. 
where  purchased  as  agricultural  lands,  1146. 
entry  after  cession  from  Indians,  974. 

classification  of  Indian  lands,  978. 
restoration  to  public  domain,  963. 
and  payment  on  ceded  Shosho;ie  Reservation,  982. 
purchase,  839. 

sale  prevented  until  after  public  offer,  795. 
not  declared  fraudulent,  842. 
of  below  high  tide,  13. 

by  settlers  in  reservations,  1226. 
in  Minnesota,  630. 
under  homestad  law  not  permitted,  8^16. 

mining  statutes  in  Indian  lands,  978. 
when  ceded  by  Indians,  997. 
equitable  title  as  possible  estate,  402. 


INDEX. 

MINERAL  LANDS— Continued. 

ovidonces  of  mineral  character,  820,  842. 

suflicient  to  establish  discovery,  76. 
examination  and  classification  before  patent,  1135. 
excepted  from  California  survey  act,  1200. 

college  grant  in  California,  1276. 

Nevada,  1276. 
Colorado  enabling  act,  1280. 
grant  to  Alabama,  1247. 
Arizona,  1302. 
California  for  railroad,  1141. 
Colorado,  1280. 
Idaho,  1292. 
New  Mexico,  1296. 
Nevada,  1274. 
New  Mexico,  1301. 
Utah,  1295. 
Wyoming,  1292. 

South  and  North  Alabama  Railroad  Co.,  1143. 

Southern  Pacific,  1134. 

States,  1288. 
homestead  act,  1090. 

entry,  840. 
lands  donated  to  States,  1270. 
navigation  grant  to  Minnesota,  1278. 
Northern  Pacific  grant,  1126. 
opening  of  Colville  Reservation,  967. 
reservoir  site,  1189. 
preemption  laws,  1259. 
private  land  claims,  1077. 
public  surveys,  1087. 

railroad  grants,  690,  1100,  1109, 1130, 1133, 1141. 

grant  to  Alabama,  1143. 
sale  in  Michigan,  1093. 
Miimesota,  1093. 
Wisconsin,  1093. 
sales  authorized  by  President,  1041. 
school  grant,  656. 
seminary  grant,  1261. 
State  grants,  656,  1274. 

for  school  purposes,  1248. 
tOAvn-site  sections,  1366. 
wagon-road  grants  in  Oregon,  1279. 
in  Minnesota,  Texas,  and  Wisconsin,  1093. 

sales  of  isolated  tracts,  1098. 
without  naming  minerals,  1079. 
excepting  clause  in  patent,  834. 
excluded  from  all  grants  of  public  lands,  1273. 
Baca  grant,  1077. 
California  survey  act,  1259. 
coal  entry,  782. 

grant  to  Northern  Pacific,  1114. 

Mexican  grants,  1092. 

railroad  grant  of  right  of  way,  1191. 

to  State,  nil. 
reservations,  15. 
sale  under  coal  sections,  782. 
school  sections  granted  to  New  Mexico,  1297. 

in  California  survey  act,  1259. 
selection  by  Indian  commissioners,  966. 
State  grants,  1111. 

if  known  at  date  of  admission,  1289. 
selection,  1091. 
exclusion  from  all  grants,  631. 

executive  order  did  not  open  to  settlement  Colville  Reservation,  968. 
exempted  from  selection  by  Indians,  967. 

town -site  patent,  1368. 


1600 


INDEX. 


MINERAL  LANDS— Continued, 
explorations  on,  639. 

subject  to  miners'  rules,  640. 
extent  of  deposits  contemplated,  5. 

mineral  deposits  necessary  to  constitute,  5. 
timber  cutting  on,  1340. 
uses  for  which  timber  may  be  cut,  1342. 
failure  of  siu-veyor  general  to  designate  on  survey,  850. 
first  act  distinguishing  from  agricultural  lands,  1201. 
enactment  for  disposal,  635. 
provisions  for  disposition,  637. 
forfeiture  on  failure  to  record  affidavit  of  annual  labor,  879. 
free  and  open  to  exploration,  639. 
Government  ownership,  10. 

title  not  affected  by  mining,  403. 
granted  as  a  reward  for  exploration,  12. 
grant  of  right  to  locator,  184. 
grants  do  not  include,  631. 

to  States  and  effect  on  right  to  patent,  314. 
guano  lands  as,  859. 

hearing  to  determine  character,  690,  842,  843. 
homestead  acts  insufficient,  801. 

application  suspended  pending  public  offer,  801. 

entry  canceled,  843. 
protected,  800. 

completed  after  public  offer,  801. 

in  Alabama  for  less  than  statutory  amount,  800. 

not  permitted,  839. 

on,  800. 

perfected  in  Alabama,  800. 
recognized  as  between  rival  claimants,  800. 
not  protected  beyond  relinquishment,  801. 
on,  in  Alabama  protected,  800. 
settlement  without  entry  protected,  801. 
hydraulic  mining  on  conditions,  942. 
In  Alaska  not  acquired  by  town-site  location.  867. 

homestead,  869,  870. 
purchasable  as  improved  lands,  868. 
inchoate  rights  acquired  under  settlers'  relief  act,  1217. 
include  lands  valuable  for  stone,  1331. 

metalliferous  or  fossiliferous  substances,  18. 
minerals  other  than  metallic,  18. 
in  Colville  Indian  Reservation  open  to  entry,  969. 
indemnity  for  mineral  lands,  838. 

school  sections,  838. 
selections  by  Alabama,  1249. 
Indian  lands  restored  to  public  domain,  962. 
Indians  leasing  allotments  of,  964. 

ineffectual  location  will  not  defeat  homestead  entry,  839. 
in  Indian  reservation  not  appraised,  978. 

open  to  entry,  999. 

subject  to  mining  location,  978. 

Mexican  grant  in  New  Mexico  open  to  exploration,  13. 

New  Mexico  excepted  from  California  survey  act,  1259. 

reservations  restored  to  public  domain,  1167. 

Spanish  grant  in  New  Mexico  open  to  exploration,  13. 
interest  of  United  States  in,  within  railroad  grant,  1146. 
iron-ore  land  not  mineral,  1083. 
judicial  notice  as  to,  883. 
justification  for  timber  cutting  on,  1347. 

knowledge  of,  at  time  of  survey  determines  State's  rights,  1295. 

in  absence  of  actual  discovery,  838. 
Land  Department's  authority  to  determine  character  of,  489. 

method  of  acquiring,  489. 
charged  with  disposal,  11. 
lands  containing  mineral  springs  not  accepted  as,  1203. 
mined  over  and  abandoned,  842. 


INDEX. 


1601 


MINERAL  LANDS— Continued. 

lands  of  doubtful  mineral  character  held  under  decisions  of  Land  Department,  16. 
open  to  entry  under,  not  selectable  as  railroad  indemnity,  961. 
returned  as  mineral,  1104. 
valuable  for  limestone  are,  1154. 
mineral,  15. 

minerals  only  open  to  purchase,  13. 
worked  by  miners  and  abandoned,  7. 
worth  more  for  agriculture  than  for  mining,  840. 
lease  of,  1084, 1086. 

by  President,  1244. 
in  Arizona  and  Oklahoma,  1298. 
legal  title,  402. 

limitation  as  to  cutting  timber  on,  1340 

on  power  of  railroad  company  to  convey  before  title,  1146. 
limited  to  those  containing  precious  metals,  639. 
located  as  mining  claims,  291. 
locating  mines  in  reservation,  1226. 
location  of  school  indemnity  selection,  838. 
on,  bars  other  locations.  111. 
within  forest  reservation,  1166. 
manner  of  acquiring  title,  3. 
meaning,  12. 

and  proof  as  applied  to  railroad  grant,  1102. 

to  exclude  from  railroad  grant,  1101. 
of  term  as  applied  to  railroad  grants,  1115. 
"valuable  for  minerals,"  688. 
method  of  determining  value,  689. 
disposal,  1316. 

changed  by  discovery  of  gold,  639. 
mined  over  and  abandoned,  16. 

as  prima  facie  evidence  of  mineral  character,  16. 
mineral  deposits  taken  from,  36. 

entry  on  lands  ceded  by  Indians,  979. 
springs  insufficient  as  proof,  319. 
substances  included,  8, 18-20. 
minerals  included,  689. 

reserved  from  cemeteries  and  parks  in  Alaska,  869. 
to  Indians,  1026. 
miner's  rights  in  town  sites  protected,  1354. 
mining  locations  not  suspended  by  classification,  1155. 
on  Indian  reservation,  968. 
lands  ceded  by  Indians,  979. 
restored  Indian  lands,  976. 
tide  lands  in  Alaska,  874. 
on,  does  not  affect  Government's  title,  403. 
permitted,  10. 

statutes  make  free  and  open  to  occupation,  639. 
Minnesota,  630. 

monuments  determine  lands  segregated,  505. 
must  contain  valuable  mineral  deposits,  689. 
no  authority  for  agricultural  segregation  survey,  840. 
noncoal  entry,  813. 
nonmineral  lands  adjacent  to,  599. 
not  acquired  as  agricultural  lands,  34. 
by  State,  950. 

under  homestead  laws,  573. 

preemption  laws,  573. 

town-site  laws,  573,  1355. 
defined  in  original  act,  639. 
desert  land,  1145. 

disposed  of  in  California  until  survey,  1261. 

enterable  under  coal  statutes,  798. 

included  In  forest  reservations  in  Alaska,  1164,  1165. 

railroad  grant,  1137. 
patented  for  purposes  other  than  mining,  402. 
purchasable  to  condone  trespass,  1218. 


1602 


INDEX. 


MINERAL  LANDS— Continued, 
not  selectable  as  lieu  land,  1174. 

in  Nevada,  1286. 
subject  for  grazing  lands,  1207. 

to  agricultural  entry,  1322. 

location,  1207. 
cash  entry  as  agricultural  lands,  4. 
homestead  entry  after  cession  by  Indians,  959. 
laws,  13. 

lien  for  reclamation  expenses,  951. 
lieu  selection,  1172, 1176. 
occupation  as  town  site,  1376. 
preemption,  1088,  1207. 

or  private  entry,  4, 1207. 
purchase  as  stone  lands,  1315. 

under  timber  and  stone  act.  1315. 
school  indemnity  selections  after  withdrawal,  1393. 
selection,  1233. 

as  railroad  lands,  1232. 
by  railroad  company,  966. 

Utah,  1294. 
under  settler's  relief  act,  1232. 
surveyed  under  California  survey  act,  1261. 
to  be  included  within  forest  reservation,  1166. 
withdrawn  from  compact  with  Michigan,  1083. 
object  of  title  to  acquire  hot  springs,  319. 

to  develop  mining  resources,  10. 
occupancy  assented  to  before  mining  statutes  enacted,  637. 

as  trespass  before  mining  statutes  enacted,  637. 
occupation  and  location  within  town  sites,  1370. 
offer  at  public  sale  in  Alabama,  793. 
offered  at  public  sale  in  Alabama,  795. 

officer's  mistake  in  entry  will  not  affect  applicant's  rights,  317. 
oil  or  petroleum  excepted  from  raihoad  grant,  1134. 

reserved  to  Indians,  1026. 
Oklahoma  grant  makes  no  exceptions  as  to,  1300. 
on  Indian  reservations  open  to  location,  1184. 
open  to  all  citizens,  12. 

occupation  by  mining  statutes,  641. 
entry  in  mining  reservation,  1010. 
exploration,  639. 

but  sold  subject  to  miners'  rights,  655. 
with  railroad  grant,  1134. 

purchase,  12. 
opened  for  entry  by  proclamation,  997. 
order  of  sale  of,  1083. 
ownership,  9. 

and  disposal,  2. 
common-law  rule  as  to,  103. 
particular  minerals  included,  8,  18-20,  689. 

not  included,  20. 
substances  included,  8, 18-20. 
patent,  854. 

for  annulled,  424. 

in  Alaska  must  show  reservation,  869. 
California,  1094. 
railroad  grants,  1146. 
on  proof,  402. 

under  Mexican  grant,  1092. 
within  town  site,  1361. 
proceedings  to  obtain  title,  290. 
to  New  Idria  Mining  Co.,  1094. 

railroad  company  for  canceled,  1125. 
under  private-land  claims,  1075. 
persons  authorized  to  cut  timber  on,  1339. 
Philippine  Islands  reserved  from  sale,  1054. 
pipe  lines  through,  883. 


INDEX. 


MINERAL  LANDS— Continued, 
placer  locations,  531. 
plat  as  proof,  16. 

policy  of  Government  as  to,  2,  639,  833,  1114,  1247. 

to  reserve,  2,  787, 1108,  1114, 1297. 
to  encourage  mining,  10. 
Porterfield  scrip  not  locatable  on,  1078. 

warrants  not  receivable  for,  690. 
possessory  title  as  possible,  estate,  402. 
power  of  Congress  to  reserve,  998. 
preserved  from  State  grant,  1140. 
President  authorized  to  offer  for  sale,  1041. 
presumption  as  to,  in  Alaska,  869. 

reservation  from  railroad  grant,  1100. 
where  explorations  have  been  made,  1139. 
price  reduced  in  Michigan,  1086. 

Wisconshi,  1086. 
when  ceded  by  Indians,  997. 
privilege  of  cutting  timber  not  repealed,  1351. 

mining  on  a  gratuity,  402. 
proof  as  to  character,  627, 1153. 

intent  of  timber  cutting  unnecessary,  1349. 
of  character  for  placer  location,  531. 
discovery,  76. 

good  faith  in  cutting  timber  on,  1347. 
must  be  more  than  indication,  820. 
presence  of  coal,  744. 

residence  to  justify  cutting  timber  on,  1339. 
sufficient  to  accept  from  town-site  patent,  1371. 
constitute,  7. 
sustain,  820. 
to  justify  timber  cutting,  1347. 
power  of  regulation  and  disposal,  1312. 
provisions  as  to  survey,  852. 

for  disposal  conclusive,  998. 
public  offering  not  required  before  State  selection,  799. 
grants  do  not  include,  631. 
survey,  853. 
purchase  as  a  preemption,  291. 

from  Indian  reservation,  963. 

State  acquires  no  title,  854. 
of,  839. 

purpose  of  requiring  surveyors  notations  as  to,  850. 
railroad  company  liable  for  timber  cut  or  bought  from,  1349. 
grant  does  not  prevent  mining  locations  on,  1101. 
right  of  way  includes,  1101. 
reclamation  expenses  not  a  lien,  951. 

of  desert  lands  does  not  include,  951. 
reference  to  class  rather  than  to  specific  tracts,  1201, 
regulations  as  to  timber  cutting  and  size  of  trees,  1345. 

governing  must  be  reasonable,  829. 
release  by  Indians,  964. 
relinquishment  of  by  Wyoming,  1292. 
removing  timber  from  for  mining  purposes,  1342. 
repayment  of  excessive  deposit  for  survey,  1234. 
reservation  of,  2, 834. 

from  Indian  lands,  998. 
in  State  grant,  1275. 
reserved  for  disposal  under  mining  law,  1387. 

military  purposes  by  order  of  President,  3. 
from  agricultural  grant  in  Kansas,  1279. 
canal  grants,  1275. 

congressional  grants  in  Nevada,  1274. 
grants,  799. 

for  public  buildings,  1261. 
seminary  purposes,  1261. 


1604 


INDEX. 


MINERAL  LANDS— Continued. 

reserve  from  grants  in  Michigan,  ^27f^. 

to  California,  1257,  1259. 
Central  Pacific,  1130. 
Washington,  1257. 
Indian  lands,  952. 

reservation,  984. 
lands  granted  to  Nevada,  1271. 
ordinary  mode  of  disposal  of  public  lands,  1083. 
Northern  Pacific  grant  in  Nevada,  1274. 
preemption  and  homestead  entry,  4. 

or  sale,  1202. 
public-land  acts,  1276. 
railroad  grants  in  Kansas,  1111. 

Nevada,  1272. 
sale,  638,  835,  849,  976. 
in  Kansas,  1207. 
New  Mexico,  1205. 
Nebraska,  1207. 
Nevada,  1275. 
Philippine  Islands,  1054. 
school  grants  to  California,  1260. 

lands  in  grant  to  Washington,  1257, 
settlement,  1225. 
State  grants  in  Nevada,  1274. 
in  Alaska,  869. 
to  Cherokee  Tribe,  1008. 
United  States,  631. 
reservoir  sites,  1190. 

residents  of  States  named  may  cut  timber  for  mining  purposes,  1342. 
return  as  to  not  a  classification,  1230. 
revocation  of  withdrawals,  795. 
right  of  way  over  for  railroad,  1105. 

to  locate  or  purchase  extended  to  placer  claims,  672. 
prospect  on  in  reservations,  1167. 
select  in  Alabama  university  grant,  1250. 
rights  conferred  by  lease,  1084. 

initiated  by  location  and  discovery,  36. 
of  inhabitants  of  town  located  on,  1260. 
lessees,  1087. 

locator  as  against  State  grant,  1288. 
transient  miners  as  against  agricultural  claimant,  842. 
roadways  over  on  water  fronts  in  Alaska,  874. 
sale  and  price  in  Indian  lands,  978. 

of  in  Alabama  and  cancellation  of  entry,  797. 

entry  of  coal  lands,  798,  800. 

iron  lands,  798. 
effect  of  discovery  after  entry,  799. 
payments  refimded  on  erroneous  entries,  797. 
public  offering  after  cancellation,  797. 

before  entry,  796. 
reserved  from  entry,  799. 

sale,  799. 
State  selections,  799. 
vested  rights  protected,  797. 
void  entries,  799. 
Chippewa  and  Lake  Superior  districts,  1086. 
Colville  Indian  Reservation,  970. 
reservations,  1187. 
lieu  lands  for  school  purposes  by  Colorado,  1286. 
to  locator,  402. 
salines  excepted,  690. 

salt  mines  and  springs  as,  1201, 
salt  deposits  not  enterable  as,  1202. 
springs  excepted,  690. 

granted  to  Alabama,  1248. 
school  grant  to  Nevada  not  to  include,  1286. 


INDEX. 


1605 


MINERAL  LANDS— Continued, 
school  indemnity  selections,  8;w. 

in  California,  838. 
Oklahoma,  838. 

lands,  838. 

not  reserved  from  sale  of,  1083. 
sections  as,  837. 

in  Oklahoma  not  subject  to  mining  laws,  1299 
scope  of  section  2302,  839. 
Secretary  to  purchase  from  Indians,  963. 
segregation  by  patent,  505. 

placer  location,  532. 
selection  of,  854. 

lieu  land  near,  1177. 
within  forest  reserve,  1170. 
set  apart  as  agricultural,  627. 
settlement  on  in  California  not  protected,  1259. 
settler  on  in  Nevada  protected,  1272. 

showing  as  to  mineral  character  in  patent  proceedings,  313. 
Sioux  half-breed  script  not  located  on,  1207. 
sixty-foot  reservation  on  shore  applies  to,  863. 

roadway  in  Alaska  does  not  apply  to,  874. 
special  legislation  as  applicable  to,  1080. 
specific  minerals  included,  8, 18-20. 

provisions  for  disposal  control  general  provisions,  998. 
State  can  create  no  lien  against,  951. 
selections,  3. 

of  school  indemnity,  838. 
rejected,  840. 

statement  of  sawmill  owners  as  to  timber  cut,  1346. 
statutes  authorize  disposal,  685. 

except  from  preemption  and  homestead  entries,  839. 

permit  mineral  deposits  to  be  taken,  36. 
timber  cutting  on,  1351. 

prevent  entry  or  disposal  of  as  agricultural  land,  795. 

providing  for  sale  of,  not  conflicting,  1041. 

reserving  from  all  dispositions,  1250. 
stone  lands  as,  844. 

subject  to  location  though  partly  within  town  site,  1357 
under  mining  laws,  16. 
mining  locations  within  forest  reservations,  1167. 
patent,  688. 
subsequent  discovery  of  mineral,  843. 
superior  title  in  United  States,  9. 
survey,  853. 

and  allotment  of  Indian  lands,  977. 

notation  as  to,  1083. 
authorized  by  statute,  672. 
changed  in  Nevada  to  include,  1275. 
not  intended,  638. 

provided  for,  852, 
of,  in  Michigan,  1083. 
ordered,  1083. 
surveyor  general's  duty  as  to,  1208. 

return,  747. 
return  as  showing  mineral  character,  318. 
surveys  extended  over,  853. 
system  for  disposal,  637. 

differs  from  others,  637. 
taken  for  cemetery  in  Alaska,  869. 

parks  in  Alaska,  869. 
termination  of  mineral  title  before  selection  as  lieu  land,  1172. 
terms  used  in  designating,  292. 
test  of,  688. 

character,  12.  , 
as  to  mineral  character,  840. 
tide  lands  not  open  to  location  in  Alaska,  874. 


1606 


INDEX. 


MINERAL  LANDS— Continued. 

timber  cut  on,  for  mining  purposes,  1342. 
title,  854. 

acquired  by  mining  location,  53.  •  ^ 

for  mining  purposes  only,  26. 

imder  proper  provisions,  638. 
manner  of  acquiring,  3. 

not  acquired  before  mining  statutes  enacted,  637. 
by  alien  corporation,  28. 
State  selection,  854. 
town-lot  o\vners  in  Alaska,  1389. 
in  town  sites,  1354. 
under  town-site  laws,  1369,  1377. 
of  locator,  704. 

to,  acquired  by  l?wful  location,  53. 
in  Alabama  as  school  lands,  1249. 

Alaska  not  acquired  by  town-site  entry,  1378. 
California,  1090. 
town  lots  subordinate  to  locator's  rights,  1359. 
town-site  entry  not  permitted  on,  1364, 1368. 
on,  1355. 
located  on, 1368, 1379. 
on  or  near,  1376. 
trespass  on,  not  condoned,  1218. 

tribunal  for  determining  character  of,  in  railroad  grant,  1152. 

under  private  claims  in  California,  1075. 

uses  for  which  timber  may  be  cut,  1340, 1351. 

validity  of  raining  locations  on  restored  Indian  lands,  976. 

valuable  for  coal,  742. 

minerals,  15,  688. 
mineral  deposits,  question  of  fact,  6. 

pleading  and  proof,  6. 
value  and  not  kind  of  minerals  determines,  16. 
of  deposits  determined  from  evidence,  689. 

within  railroad  grant,  1122. 
sufficient  to  exclude  settlement  entries,  841. 
to  support  discovery  may  justify  patent,  313. 
variety  of  minerals  included,  17. 
what  constitutes,  within  timber-cutting  act,  1340. 
within  forest  reservation  restored  to  public  domain,  1167. 

limits  of  railroad  grant,  1101. 
"Wisconsin,  1084. 
MINERALS.' 

See  also  name  of  particular  mineral.  Coal,  Coal  lands.  Discovery,  Lands  valuable  for  minerals,  Mineraj 
deposits.  Mineral  lands.  Mining  locations.  Oil  lands.  Placer  locations.  Public  lands.  Salines,  Salt 
deposits.  Stone  lands,  Subsequent  discovery  of  minerals,  Valuable  mineral  deposits. 

absence  of,  in  sale  of  isolated  tracts,  1098. 

aluminum  not,  842. 

applicable  to  alkaline  substances,  8, 18,  20, 1211. 
alum,  8,  18,  20. 
aluminum,  518,  689,  842. 
amber,  8, 18,  20. 

asphaltum,  8,  18,  20,  80,  518,  532,  689,  1046. 
auriferous  cement,  8, 18,  20,  674,  689. 
borax,  8,  18,  20,  674,  689. 

building  stone,  8, 18,  19,  20,  518,  1161,  1314,  1328,  1330. 
calcium  phosphate,  8, 18,  20,  40,  80,  521. 
carbonate  of  lead,  80. 

soda,  8, 18,  20,  689. 
clays,  8, 18,  20,  519. 

coal,  690,  742,  787,  793,  1115,  1153,  1167,  1191,  1202,  1262. 

diamonds,  8, 18,  20,  690. 

fire  clay,  8,  18,  20,  518,  689, 1116, 1314. 

guano,  8,  18,  19,  20,  332,  859. 

gypsum,  8, 18, 19,  20,  332,  689.  ' 


INDEX. 


1607 


MINERALS— Continued. 

applicable  to  iron,  8,  18,  19,  20,  80,  690,  793,  1115, 1126,  1149,  1183. 
oxide,  80. 
kaolin,  8,  18,  20,  519,  689. 

limestone,  8,  18,  20,  81,  332,  689,  1154,  1314,  1331. 

lustra!  stone,  8, 18,  20. 

marble,  8,  18,  20,  44,  81,  332,  519,  689,  1331. 

mica,  8,  18,  20,  689. 

oil,  8,  18,  20, 1134. 

paint  stone,  8, 18,  20,  324. 

petroleum,  8, 18,  20,  689,  690. 

rock  phosphate,  8, 18,  20,  40. 

salt,  1202. 
salines,  8,  18,  20,  690,  1194,  1213,  1214. 
salt,  8,  18,  20. 

springs,  690. 
sand,  20,  518. 

sandstone,  8, 18,  20,  520,  1116. 

stone,  518,  1107,  1115, 1116,  1331. 

sulphate  of  soda,  8, 18,  20. 

sulphates,  1211. 

umber,  8, 18,  20. 
application  as  to  stone,  1313. 

of  terra,  5, 1115. 
appropriated  prior  to  mining  statutes,  635. 
appropriation  of,  635. 

appropriations  for  report  as  to  mineral  resources  of  United  States  and  Alaska,  1095. 
asphalt  leases,  Indian  lands,  1004. 
calcium  phosphate  as,  80. 
carbonate  of  lead  as,  80. 
coal  and  iron  not  included  as,  1153. 
as,  1115. 

discovered  after  sale,  747. 

iron  and  stone  included  as,  1115. 

lands  in  abandoned  military  reservations,  1179. 

leases,  Indian  lands,  1004. 

not  considered  as  in  railroad  grant,  1149. 

included  as  in  railroad  grant,  1129,  1141,  1142. 
commissioners'  report  as  to,  on  Indian  lands,  971. 
construction  of  term  by  Congress  and  courts,  1183. 
definition  of  minerals,  689. 
discovery  on  railraod  grants  before  patent,  1136. 
disposal  of,  in  abandoned  reservations  in  Montana,  1179. 
effect  of  discovery  after  entry,  1263. 

patent,  747,  1263. 
on  railroad  grants  before  patent,  1136. 
subsequent  discovery,  835. 
excepted  from  grant  to  settlers  in  Oregon,  1087. 
Indian  land  leases,  1003. 
lease  in  Colorado,  1096. 
mvmicipal  grants,  1305. 
railroad  grant,  1128, 1216. 

in  Alabama,  1265. 
Florida,  1265. 
exception  of  minerals  not  named,  1079. 
excluded  from  right  of  way  in  Alaska,  862,  863. 

towTi-site  application,  1381. 
fire  clay  as,  1116. 

granted  to  Salt  Lake  &  Fort  Douglas  Railroad  Co.,  1144. 
guano  as,  859. 

include  all  fossil  bodies  dug  out  of  mines,  1313. 

phosphate  deposits,  1216. 

stone  lands,  1330. 
Indian  allotments  inalienable  for  stated  period,  1026. 

lands  sold  subject  to  mineral  rights,  1028. 
individual  ownership  of  Indian  allottees,  102G. 
in  lands  ceded  by  Mexico  passed  to  United  States,  1075. 


1608 


INDEX. 


MINERALS— Continued. 

in  town  sites  open  to  exploration,  1357,  1370, 
iron  as,  1115. 

not  included  as,  in  railroad  grants,  1141,  1142,  1149. 

oxide  as,  80.  -  ' 

kinds  of,  excepted  from  railroad  grants,  1134. 
known  mines,  835. 

lands  containing,  excepted  from  Indian  allotment,  1003. 

valuable  for,  688. 
lease  of  Indian  lands  for,  1004. 

liability  for  removal  in  Alaska  after  posting  lien  notice,  883. 

trespass  in  Alaska,  909. 
limestone  not  included,  81. 
meaning  of  term,  1115. 

metalliferous  and  others  excepted  from  railroad  grant,  1134. 
method  provided  for  acquiring  title  to  mineral  lands,  637. 
mining  leases,  Indian  lands,  1004. 
oil  as,  518. 

oil  leases,  Indian  lands,  1004. 

open  to  exploration  and  purchase,  12. 

in  to^vn  sites,  1370, 

ownership  of,  637, 

intersecting  veins,  589, 
relinquished,  637, 

under  common  law  of  England,  637. 

Spanish  laws,  637, 
where  veins  intersect,  589. 
particular  minerals,  689. 
policy  of  Government  as  to,  787. 

to  protect,  1312. 
proof  of  value  in  railroad  grant,  1122. 
property  of  United  States  under  Mexican  grants,  1079. 
prospecting  for,  on  Indian  allotted  lands,  1186, 
reservation  of,  833. 

mineral  lands,  834. 
mines,  834. 

reserved  from  allotment  of  Indian  lands,  1004. 

grants  for  parks,  1307, 

grant  to  Trinidad  for  water  storage,  1306. 

Indian  lands,  952, 

mtmicipal  grants,  1306, 

private-land  claims,  1074, 

Quinaielt  reservation,  958, 

sale  of  public  lands,  1080, 

town  site,  1377,  1378. 

water-supply  grant  to  States,  1304,  1305. 
to  Indian  tribes,  1008. 
Osage  Indians,  1026. 
rights  of  Indians  in,  987, 
relinquishment  of  ownership,  637, 
royalty  on,  relinquished  by  mining  statutes,  637. 
sale  of,  in  Alaska,  866. 
salines  as,  690, 
salt  springs  as,  690, 
Secretary's  authority  over,  1038, 

Secretary  to  provide  regulations  for  leasing  for  mining  purposes,  1004,  1006. 
special,  excepted,  723, 
stone  as,  1116. 

subsequent  discovery  of,  835. 
term  includes  stone  quarried  or  mined,  1331. 
title  to,  in  private-land  claims,  1078. 
railroad  grants,  1147. 
not  acquired  by  town-lot  owners  in  Alaska,  1378. 
what  coastitutes,  688. 

willful  removal  of,  from  lands  in  Alaska,  909. 


INDEX. 


1609 


MINES. 

See  also  Coal  mine,  Gold  mines,  Known  mines,  I^ead  mines,  Minerals, 
alien  may  own,  in  Alaska,  910. 
application  of  term  to  coal  lands,  1202. 
benefited  by  Sutro  Tunnel,  1385. 
census  relating  to,  931. 

reports,  931. 
coal  lands  containing,  pvu-chasable,  787. 
condition  in  patent  as  to  benefits  from  tunnel,  1385. 
corporations  in  Alaska  may  acquire,  hold,  and  operate,  907. 
deposit  of  debris  in  rivers,  933. 

in  California,  935. 
determination  as  to,  conclusive  on  court,  315. 
did  not  pass  under  common-law  grant  by  king,  9. 
distinguished  from  mining  location,  51. 
duty  of  surveyor  to  note,  849,  851,  1194, 1195. 
effect  of  svu-veyor's  notation  of,  1195. 

when  discovered  within  town  site,  1370. 
essential  requisite  of,  under  town-site  laws,  1378. 
excepted  from  preemption  rights,  1202. 
extent  of  mechanic's  lien  on  leased  mine  in  Alaska,  903 
gold  mine  on  town  site,  1367. 
improvements  on  Indian  lands  not  attachable,  965. 
improving  coal  mine,  755. 
in  town  site,  1378. 

known  mines,  and  what  constitutes,  835. 
laborer's  lien  on,  in  Alaska,  903. 

leased  mine  in  Alaska,  903. 
when  operated  by  lessee,  884. 
liability  for  removal  after  notice  of  lien  is  posted,  883. 

of  lessor  for  laborer's  lien  in  Alaska,  904. 
license  for  operating  in  Alaska,  910. 
lien  for  cleaning  and  washing  gold,  884. 
marshal  in  Alaska  may  operate  to  satisfy  lien,  882. 
meaning  as  applied  to  coal,  755,  756. 

of,  as  used  in  tunnel  act,  165. 

gold  as  applied  to  town-site  law,  1368. 
in  town  site,  1378. 
means  valuable  mineral  deposits,  5. 
method  of  acquiring,  834. 

mineral  surveyor  must  note  on  field  books,  1194. 

miner's  lien  in  Alaska,  903. 

Nevada  estopped  from  claiming  title  to,  1276. 

not  acquired  in  Alaska  by  town-site  location,  867. 

notations  as  to  by  surveyor,  850. 

opening  coal  mine,  755. 

payment  of  royalty,  if  drained  by  tunnel,  1385. 

penalty  in  Alaska  for  removing,  after  notice  of  lien  is  posted,  883. 

placer  mines  included,  915. 

policy  of  Government  to  reserve,  1243. 

preemption  entry  of,  not  permitted,  1201. 

preference  right  to  purchase  after  cession  from  Indians,  974. 

Indian  land  on  opening,  1001. 

property  of  crown,  9. 
reservation  of,  834. 

right  of  eminent  domain  for  operating  in  Alaska,  903. 
Secretary  of  Interior  charged  with  supervision,  829. 
surveyor's  notation  of,  as  evidence,  1195. 
synonymous  with  deposits  under  town-site  laws,  1378. 
title  to,  in  private-land  claims,  1078. 

not  acquired  under  town-site  laws,  1377,  1378. 
value  ascertained  by  exploring  and  working,  1244. 
Wisconsin,  1084. 
worked  on  Indian  lands,  952. 

56974°— Bull.  94,  pt  2—15  50 


1610 


IKDEX. 


MINERAL  MONUMENTS. 

See  also  Description,  Marking  location,  Mining  locations,  Natural  objects,  Stakes,  Survey. 

connection  with  each  other  by  surface  measurement,  321. 

initial  points  of  adjacent  mining  districts  connected,  321. 

mining  claim  connected  with,  849. 

permanency  required,  340. 

to\\Tiship  line  and  section  corners  as,  849. 

trees  not  considered  as,  340. 
MINERAL  PAINT. 

See  Paint  rock. 
MINERAL  SPRINGS. 

See  also  Salines,  Salt  springs.  State  grants. 

disposal  of  lands  containing,  1281. 

insufficient  proof  as  mineral  character  of  land,  319. 

mineral  character  of  land  not  determined  by,  319. 

not  excepted  from  preemption  rights,  1202. 
sale,  1203. 
MINERAL  SUBSTANCES. 

See  also  Minerals,  Mineral  deposits. 

include  all  substances  recognized  by  standard  authority,  17. 
MINERAL  SURVEYORS. 

See  also  Deputy  mineral  surveyors.  Expenses,  Fees,  Survey,  Sm-veyor  general, 
appointment,  280. 

of  deputies,  577. 
authority  of  surveyor  general,  578. 
bond  required  of,  280. 

can  acquire  no  interest  in  mining  claim,  830. 

not  change  boundaries  of  location  after  appointment,  539. 
certificate  as  to  mineral  character  of  land,  851. 
claimant  may  contract  with  surveyor,  578. 
claimant's  right  to  survey,  578. 
compensation  for  resurvey,  580. 

subject  to  regulation,  579. 
competency  contemplated,  578. 
deposit  for  expense  of,  579. 
deputies  interested  in  mining  claim,  830. 

required  to  give  bond,  280. 
disqualified  from  making  application  for  patent,  338. 

purchasing  public- land,  830. 

duties,  280,  577. 

and  expenses,  280. 
duty  of  deputy  surveyor  to  note  mine,  851. 

salines,  851. 

to  certify  to  plat,  712. 

of  survey  in  Alaska,  886. 
note  situation  of  mines  and  salt  springs,  849,  1194,  1195. 
errors  in  field  notes  not  corrected  by  register,  578. 
expense  of  survey  by,  280,  579. 
formalities  to  make  return  official,  280. 
interest  in  mining  claims,  830. 

prohibited,  830. 
may  survey  mining  claim  if  not  interested,  830. 
mineral  claimant  may  contract  with  mineral  surveyor  for,  578. 

district,  280. 
mining  location  by,  is  void,  830. 
notations  as  to  mines  rebuttable,  1195. 
not  authorized  to  make  selection  of  lieu  lands,  1177. 

interested  in  claims  surveyed,  580. 
obligation  to  mineral  claimant,  579. 
payment  by  claimant,  579. 
presumptive  evidence  of  return,  1120. 
private  contract  with,  for  survey,  280. 
prohibited  from  having  interest  in  mining  claim,  341. 

owning  stock  in  corporation,  830. 
qualifications,  578. 
reports  as  prima  facie  true,  578. 

evidence  of  mineral  character  of  land,  581. 


INDEX. 


1611 


MINERAL  SURVEYORS— Continued. 

residence  in  district  not  required,  578. 

resurvey  and  compensation,  580. 

return  as  official,  280. 

prima  facie  evidence  of  character  of  land,  1120. 

survey  of  mining  claim  by,  280,  577. 
MINE-RESCUE  CARS. 

See  also  Appropriations,  Bureau  of  Mines. 

appropriations  for,  924,  928,  929,  930. 

Bureau  of  Mines  may  accept  short-term  leases  for,  922. 

headquarters  for,  924,  928,  929,  930. 

lease  of  land  for,  924,  928,  929. 

purchase  of  lands  for,  by  Bureau  of  Mines,  922, 
station  at  McAlester,  Okla.,  930. 

railroad  sidings  for,  924  ,  928,  920. 
MINERS'  LIENS. 

See  Liens. 

MINERS'  RULES  AND  REGULATIONS. 

See  also  Alaska,  Mining  districts,  Mining  locations.  Mining  recorder.  Mining  statutes,  Possessory 

rights.  Records,  State  regulations.  Statute  of  limitations.  Water  rights, 
adoption  of,  641. 
adverse  claim  required  by,  435. 
as  basis  of  possessory  right  of  mining  claim,  644. 
to  consolidation  of  claims,  532. 
contents  of  record,  193. 
length  of  location  and  end  lines,  650. 
notice,  209. 

and  record,  692. 
possession  of  locators,  162. 
posting  notice  of  location,  204. 
record  in  Alaska,  885. 

of  notice  of  affidavits  of  performance  of  labor,  885. 
ditches,  885. 
flumes,  885. 
location,  885. 
mill  sites,  885. 
water  rights,  885. 

recording  location,  192. 
transfer  of  locations,  162. 
use  of  water,  617. 
water  rights,  617. 
width  of  location,  696. 
authority  of  miners  in  Alaska  to  make,  901. 

to  fix  area  of  placer  locations,  707. 
limit  width  of  location,  63. 
make,  2,  177,  901. 
authorized,  692. 

by  mining  statutes,  196. 
to  make,  2. 
basis  of  title,  692. 

can  not  authorize  less  expenditure  than  mining  statute,  195. 

determine  method  of  acquiring  title,  13. 

lessen  amount  of  annual  labor,  239. 
compliance  with,  102. 

essential,  13. 
Congress  sanctions,  13. 

contents  of  record  where  record  required  by,  195. 
construction  of,  not  inferred  to  work  a  forfeiture,  704. 
continued  in  force  by  statute,  692. 
coiu-ts  can  not  dispense  with  requirements,  195. 
customs  of  miners,  193. 

prevail  after  disuse,  14. 
discovery  and  appropriation  as  source  of  title,  643 

basis  of  title  under,  66. 

recognized  as  foundation  of  title,  23. 
disuse  of,  14. 


1612 


INDEX. 


MINERS'  RULES  AND  REGULATIONS— Continued, 
effect  and  extent  prior  to  statutory  enactment,  635. 
force,  96. 
as  governing  location,  692. 
of  mining  laws,  13. 

violations,  195. 
on  acquisition  of  mineral  lands,  13. 
dimensions  of  mining  locations,  506. 
lode  locations,  642. 
where  disregarded,  196. 
election  of  mining  recorder,  885. 
enlarging  common-law  rule  as  to  uses  of  water,  616. 
exploration  for  deposits  subject  to,  9. 

minerals  subject  to,  640. 
extent  and  form  of  location  authorized  by,  195. 
operations,  14. 
power,  692. 
extralateral  rights  given  by,  643. 
force  as  legislative  enactment,  640. 

of,  as  to  coal  lands,  781. 
general  provisions  and  conditions  governing  mining  claims,  643. 
governing  mining  locations,  162,  177. 
in  mining  districts  in  Alaska,  871. 
law  governing  property  in  mines  on  public  lands,  1117. 
length  of  location  permitted  by,  not  limited  by  statute,  650. 
limitations  as  to  maximum  and  minimum  width,  696. 
width  of  location,  97. 
on  placer  area,  707. 
locations  in  accordance  with,  protected,  97. 
must  conform  to,  96. 
on  Indian  lands  pursuant  to,  957. 
subject  to,  102. 
may  exact  more  than  requirements  of  mining  statutes,  193. 
increase  amount  of  expenditures,  194. 
require  declaratory  statement,  267. 
notice  and  record,  197. 
posting  notice,  197. 
method  of  adopting  and  application  to  mining  claims,  642. 
miners  in  mining  districts  in  Alaska  may  make,  885. 
permitted  to  make  rules  and  regulations,  192. 
rights  subject  to,  643. 
minimum  width  of  claim,  695. 
mining  districts,  193. 

in  Alaska  subject  to,  871. 
interests  grown  up  under,  1089. 
locations  made  in  accordance  with,  190. 
on  tide  lands  in  Alaska  subject  to,  871. 
must  be  in  accordance  with  mining  statutes,  97. 
no  legal  force  after  approval  of  Alaska  Government  Act,  873. 

presumption  of,  in  absence  of  proof,  194. 
not  destroyed  by  mining  statutes,  178. 
oral  or  written,  194. 
parallel  end  lines  not  required  by,  650. 
part  of  system  of  mining  laws,  2. 
patent  as  evidence  of  compliance  with,  415. 
per  diem  amounts  not  permitted,  195. 
possession  of  placer  claim  in  accordance  with,  655. 

presumed  to  be  in  accordance  with,  643. 
power  to  diminish  surface  width,  97. 

make,  97. 
presumptions  as  to  customs,  193. 
proof  as  to,  on  adverse  claim,  379. 
necessary,  194. 

of  customs  of  miners,  193,  468. 

to  sustain,  97. 
protest  required,  435. 
provisions  and  effect,  642. 
question  of  fact,  14. 


INDEX. 


1613 


MINERS'  RULES  AND  REGULATIONS— Continued, 
railroad  grants  subject  to,  1117. 
recognized,  692. 

in  Nevada,  1089. 
recording  as  one  act  of  location,  192. 

of  notices  of  mining  locations  in  Alaska,  901. 
regulating  water  rights,  617. 
regulations  as  to  amount  of  work,  194. 
location,  195. 

of  claim,  195. 
notice  of  location,  195. 
record  of  claim,  195. 
remain  in  force  until  amended  or  repealed,  196. 
repealed  by  conflicting  statutory  provisions,  901. 
require  expenditure  of  labor  or  improvements,  162. 
requirement  as  to  amount  of  expenditures,  196,  239. 

record  of  location,  208,  209. 
amount  of  annual  labor,  196,  239. 
rights  and  title  acquired  under,  14. 

of  mining  claimant  subject  to,  643. 
rules  and  regulations  permitted  ,192. 
sanction  by  mining  statutes,  643. 

Oregon  statutes,  657. 
securing  water  rights,  618. 

shall  not  be  in  conflict  with  mining  statutes,  871. 
superseded  by  statute,  692.  ' 
time  allowed  for  tracing  course  of  vein,  193. 
title  granted  by,  not  superior  to  Government,  24. 
recognized,  24. 
recognized  by,  23. 
validity,  696,  901. 

as  to  placer  location,  527. 

in  Alaska,  530. 

not  acquired  by  enactment  but  from  customary  obedience,  14. 
of,  over  appropriation  of  water  recognized,  617. 
where  contents  of  notice  are  specified,  195. 

made  prior  to  adoption  of  mining  statutes,  643. 
violations  of,  and  effect,  195. 

working  claims  as  condition  of  continued  possession,  642. 
written  or  oral,  194. 
MINING. 

See  also  Bankruptcy,  Hydraulic  mining.  Mining  and  mineral  rights.  Timber, 
distinction  between,  and  quarrying,  915. 
hydraulic,  regulated,  940. 
license  by  Congress,  10. 
meaning  as  used  in  bankruptcy  act,  915. 
not  determined  by  workings  above  or  below  ground,  915. 
quarrying  as  within  bankrupt  act,  915. 
timber  used  for,  in  Alaska,  870. 
use  of  timber  for,  1312. 
workings  above  and  below  ground,  915. 
MINING  AND  MINERAL  RIGHTS. 

See  also  Indian  lands.  Mining  locations.  Mining  statutes,  Plt^cer  locations.  Possession,  Possessory  rights? 

Railroad  grants.  State  grants,  Timber,  Town  sites, 
absence  of,  from  railroad  grant,  791. 
acquired  under  existing  laws  protected,  629. 

Philippine  Island  mining  act,  1053. 
arise  from  discovery,  66. 
as  against  application  for  town  site,  1380. 
town-site  claimant,  1380. 
entry,  1380. 
an  integral  one,  113. 
based  on  discovery,  64. 
confirmation  by  Court  of  Claims,  1078. 
cutting  timber  on  forest  reservation,  1163. 
do  not  antedate  discovery,  66. 
effect  on,  of  town-site  patent,  1362. 
enlarged  by  statute,  684. 


1614 


INDEX. 


MINING  AND  MINERAL  RIGHTS— Continued, 
excepted  from  town-site  patents,  1372. 
exclusive  possession  of  surface  for  mining  purposes,  22. 
existing  rights  on  town  sites  protected,  1368. 
extent  under  implied  license,  21. 

present  statutes,  21. 
flow  from  discovery,  66. 
granted  citizens  of  Canada  in  Alaska,  885. 

Indian  lease  protected,  991.  „ 

royalties  as,  988. 
initiated  by  appropriation  and  location  of  mining  claim,  22. 

discovery  of  valuable  deposits,  22. 
jurisdiction  of  courts  to  protect  Indians  in,  991. 
killing  animals  in  Alaska,  898. 

birds  in  Alaska,  898. 
license  to  mine  presumed,  635. 
limitation  as  to  quantity  of  groimd,  21. 
measure  and  extent  on  discovery,  69. 
mining  statutes  construed  to  protect,  36. 
not  impaired  by  mining  laws,  629. 

initiated  by  occupation  for  business  or  trade,  22. 
Philippine  Island  mining  act,  1053. 

possession  with  assent  of  Government  before  mining  law  enacted,  635. 
preservation  of,  110. 
prior  rights  protected,  118. 

without  adverse  claim,  629.  • 

protected,  629. 

by  act  of  1866,  636. 
statute,  36,  672,  789. 

as  against  town-site  rights,  1381. 

in  town  sites,  1354. 

on  town  sites,  1368. 
recognized  before  enactment  of  mining  law,  635. 

by  act  of  1866,  636. 

Government  before  mining  statutes  enacted,  636. 
reservation  as  to,  in  town-site  patent,  1364. 
royalties  from,  on  Indian  lands,  988. 
secured  by  single  location,  113. 

statute,  684. 
statutes  as  charter,  10. 
subject  to  miners'  rules,  640. 
title  conveyed  by  patent,  113. 
town  lots  subject  to,  790. 

underground  rights  secvaed  by  single  location,  113. 

under  implied  license,  21, 

within  town  site,  1380. 
MINING  CORPORATION. 

See  also  Citizenship,  Common  carriers.  Eminent  domain.  Rights  of  way. 

authorized  by  State,  832. 

right  of  way  for  canal,  1190. 

reservoir,  1190. 
trararoad,  1190. 

territories  may  authorize,  832. 

width  of  right  of  way  for  canals,  tramroads,  1190. 
MINING  CAMPS. 

roads  in  Alaska,  861. 
MINING  DEBRIS. 

See  Debris  deposits. 
MINING  DEBRIS  ACT. 

See  also  Debris  deposits,  Hydraulic  mining.  Mining  statutes.  Navigable  waters.  Tailings. 

circumstances  and  conditions  leading  to  enactment,  940. 

debris  commission  not  a  judicial  tribunal,  943. 

intended  to  promote  navigation  on  rivers  named,  940. 

jurisdiction  of  commission  over  hydraulic  mine  in  California,  941. 

provisions  mandatory,  941. 

purpose  to  prevent  injury  to  navigation  in  California,  940. 

and  application  to  hydraulic  mining  in  California,  941. 


INDEX. 


1615 


MINING  DISTRICTS. 

See  also  Alaska,  Cutting  timber,  Miners'  rules  and  regulations.  Water  rights. 

authorized  by  mining  laws,  193. 

cemeteries  in,  in  Alaska,  869. 

cutting  timber  for  raining  purposes,  1339. 

election  of  mining  recorder,  885,  901. 

meaning  ofterm,193. 

as  applied  to  timber-cutting  act,  1339. 
miners  of,  in  Alaska  may  make  rules  and  regulations,  885,  901. 

may  elect  recorder,  901. 
organization  of,  optional  with  miners,  193. 
parks  in,  in  Alaska,  869. 
power  to  diminish  surface  width,  97. 

make  rules  and  regulations,  97. 
recognized,  177. 
recorder  in  Alaska,  901. 
records  of,  in  Alaska  made  public,  901. 
regulations  as  to  cutting  timber  in,  1339,  1344. 
right  of  residents  to  cut  timber,  1344. 
rules  governing  mining  locations,  2. 
those  of  California  included  in  timber-cutting  act,  1339. 
timber  cutting  permitted  though  outside  of  mining  States,  1339. 
use  of  timber  for  mining  purposes  in,  1339. 
MINING  LOCATIONS  OR  CLAIMS. 

See  also  Abandonment,  Adverse  claims.  Aliens,  Annual  labor.  Apex,  Citizenship,  Coal  locations, 
Conflicting  locations,  Coowner,  Description,  Discovery,  End  lines.  Entry,  Extralateral  rights, 
Forfeiture,  Improvements,  Land  Department,  Liens,  Lines,  Locators,  Lode  claims,  Marking  location, 
Mineral  lands,  Mining  statutes.  Monuments,  Oil  locations.  Patent,  Patent  proceedings,  Philippine 
Islands,  Placer  locations.  Possession,  Possessory  rights.  Qualifications,  Relocation,  Side  lines,  Sur- 
vey, Town-site  locations,  Veins  or  lodes, 
abandonment,  113,  259,  1057. 

and  effect,  251. 

forfeiture  distinct,  257. 
relocation,  704. 
as  presumption  of  absence  of  mineral,  1316. 
becomes  effective  at  once,  260. 
by  failure  to  perform  annual  labor,  260. 
lapse  of  time,  261. 
one  coowner,  273. 
partner,  262. 
divests  owner  of  all  rights,  262. 
equivalent  to  conveyance,  260. 
of  conflicting  area,  262. 
one  of  group  claims,  261. 
part  after  adversing  is  not  a  waiver,  438. 
proved  by  competent  evidence,  261. 
subjects  ground  to  further  location,  261. 

relocation,  263. 
absence  as  basis  of  abandonment,  260. 

insufficient  to  base  relocation,  269. 
of  end  lines  and  effect,  145. 
stone  location,  1316. 
absolute  accuracy  not  required,  180. 
acquired  by  possession  for  a  statutory  period,  547. 

only  on  conditions  prescribed  by  statute,  293. 
across  intersecting  claim,  139. 

act  of  appropriating  a  parcel  of  mineral  land,  51, 180. 

public  mineral  lands  under  mining  laws,  50. 
actions  apply  to,  as  to  real  estate,  121. 

for  recovery  of  mining  claim  in  Alaska  survive,  909. 
to  maintain  possessory  right  to  in  Alaska,  909. 
quiet  title  as  against  homesteader,  864. 
recover  in  Alaska,  time  of  beginning,  908. 
actual  possession  not  required,  24,  92. 
adjoining  lands  sold  subject  to  right  of  locator,  654. 

adjustment  of  relative  rights  of  lode  and  placer  claim,  715.  • 
adoption  of  miners'  rules,  642. 


1616 


INDEX. 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
adverse  claims,  785. 

confined  to,  861. 
possession  applies  to  assigns,  550. 
affidavit  as  to  assessment  work  required  by  State  law,  269. 
agent  authorized  to  make,  700. 

may  make  in  California,  700. 

not  relocate  for  himself,  271. 
must  have  written  power  of  attorney  to  make,  876. 
agreement  to  make,  55. 
alienage  of  locator,  31. 
alienation  of  title  not  prohibited,  429. 
aliens  as  joint  locators,  30. 

can  not  make  locations,  29. 
may  make  in  Alaska,  910. 
qualifying  as  citizens,  31. 
right  to  purchase,  101. 
amended  location,  182. 

and  improvements,  346. 
amendment  not  permitted  after  transfer  of  title,  182. 

to  include  two  or  more,  536. 
amount  for  each  of  several  locators  unauthorized,  647. 

of  expenditures  as  basis  for  patent,  653. 
annual  assessment  work,  653. 

expenditures  made  outside  of,  244. 
labor,  177,  466. 

amount  required,  697. 

extension  of  time  for,  698. 

not  required  after  application  for  patent,  249. 

imder  Sutro  Tunnel  act,  1386. 
on  in  Philippines,  1058. 
.    requirements  suspended,  286. 
suspended,  286. 
tunnel  construction  as,  699. 
applicant  for  patent  must  pay  his  expenses  of  survey,  280. 
application  for  on  Indian  lands  surrendered,  974. 
patent  by  coowner,  279. 

rejected,  297. 
town-site  patent,  1366. 
of  provisions  limiting  possession,  703. 

repaj-ment  act  to,  1220. 
to  lodes  within  placer  claim,  53. 
tunnel  location,  283. 
apportionment  of  improvements,  352. 
appropriation  for  railroad  right  of  way,  1144. 

of  mineral  land  according  to  law,  180. 
mining  grovmd  as  notice  of  location,  50. 
area  and  dimensions,  695. 

under  original  act  not  affected,  687 
form  of,  1055. 
governed  by  miners'  rules,  696. 
on  lands  containing  asphaltum  and  gilsonite,  998. 
as  a  disposal  of  interest  in  public  land,  104. 
grant,  92,  112. 

of  vein  or  lode,  111. 
to  exclusive  right  of  possession.  111. 
an  interest  in  land,  124. 
a  "piece  of  land,"  291,  310. 
appropriation  of  surface,  57. 
assets  of  deceased  locator's  estate,  126. 
conditional  estate  before  patent,  707. 
contingent  estate  and  kept  alive  by  annual  work,  251. 
knowledge  of  existence  of  vein  or  lode,  562. 
notice,  700. 

of  rights  of  locators,  1359. 
to  homesteader,  846. 

town-site  claimant,  1359. 


INDEX. 


MINING  LOCATIONS  OR  CLAIMS-Continued. 
as  permanent  monument,  212,  229,  443. 
possessory  title  legal  in  character,  120. 
property,  9,  32,  93,  122,  123,  188,  701. 
of  locator,  56,  404. 
subject  to  taxation,  123. 
purchase  from  Government,  22. 
real  estate,  124, 188. 

under  State  of  Utah,  125. 
ascertaining  boimdaries  of,  443. 
asphaltum  lands,  532. 

assessment  work  performed  by  grantee,  250. 
assignee  protected  by  State  registration  statutes,  122. 
assignee's  right  to  patent,  329. 
association  claim  limited  to  statutory  size,  63. 
authority  of  Land  Department  in  granting  patent,  63. 

Secretary,  293. 
authorized  by  Colorado  statute,  182. 
based  on  discovery,  64. 

by  third  person,  1047. 
basis  for  obtaining  patent,  404. 

of  possessory  rights,  515. 
becomes  mining  claim  after  being  located,  22. 
below  high-water  mark  on  river,  53. 
beneficial  character  of  improvements,  346. 
benefits  of  discovery,  181. 
Black  Hills  Reservation,  1187. 
boundaries  must  be  readily  traceable,  310. 
buildings  as  improvements,  347. 
burden  of  proof,  33. 

as  against  surveyor's  return,  1196. 
to  cutting  timber  on,  1327. 
on  town-site  entryman  to  show  nonmineral  character,  1381. 
by  alien  not  subject  to  attack  by  individuals,  32. 
cancellation  of  mineral  entry,  59. 
can  not  extend  beyond  end  of  lode,  61. 

rest  upon  imaginary  existence  of  vein,  63. 
carries  grant  of  easement  from  Government,  21. 
carved  out  by  vertical  plane,  648. 
cash  entry  ol  coal  lands,  732,  735,  785. 
central  idea  is  discovery,  649. 
certainty  in  description,  232. 
certificate  of,  admissible  in  evidence,  874. 
change  of  boundaries,  224. 

name  before  record,  212. 
surface  lines,  182. 
character  of  placer  location,  94. 
citizen  authorized  to  make,  26. 
citizenship  and  proof,  28. 

of  locator  not  determined  by  court  in  Alaska,  910. 
claim  and  location  synonymous,  179. 

may  refer  to  single  or  consolidated  location,  338. 
not  included  in  reservations,  189. 
partly  within  town  site,  331. 
"claimant"  means  locator,  535. 

protected  by  protest,  375. 
classes  of  titles,  116. 

recognized  by  mining  statutes,  574. 
closes  contract  of  purchase,  22. 
coincidence  of  lode  and  placer  claims,  557. 
colorable  locations  in  forest  reserve  not  protected,  1168. 
compliance  with  all  requirements,  49. 

law  after  withdrawal  of  Indian  lands,  957. 
mining  statutes  necessary,  36. 
statutes  necessary,  49,  112, 178,  694,  974. 
conditional  estate  forfeited  by  failure  to  perform  labor,  702. 
condition  for  sale  of  adjoining  land,  654. 


1618 


INDEX. 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
conditions  as  to  ownership,  187. 

possession,  187. 
for  obtaining  patent,  662. 
imposed  on  sale  of  adjoining  lands,  654 
conflict  area  forfeited  by  senior  locator,  257. 
between  patent  and  monument,  505. 
of  lode  and  placer  claims,  158. 
conflicting  claims  settled  by  court,  719. 
extralateral  rights,  158. 
locations,  183. 

rights  determined  by  adverse  claim,  184. 
conforming  to  public  survey,  49. 

statute  as  to  length,  648. 
conformity  to  miners'  rules,  196. 

before  recognized  by  department,  196. 
connected  with  survey  or  monument,  849. 
connecting  with  mineral  monuments,  321. 

public  survey,  342. 

township  line  and  section  corners,  849. 
consists  in  appropriating  mineral  land  according  to  requirements,  180, 
of  acts  by  which  possession  of  minerals  is  acquired,  50. 
mineral -bearing  vein  or  lode  and  surface  ground,  50. 
construction  of  location  statute.  111. 

provisions  for  marking  boundaries,  178. 
contents  of  record,  177,  701. 
contestants,  33. 

contests  over,  determined  by  court  proceedings,  430. 
contract  for  survey,  579. 

controversies  determined  by  law  of  possession,  832. 
conveyance  and  forfeiture  of  coowuer's  interest,  276. 
by  deed,  93,  188, 
locator,  56. 
one  coowner,  276. 
of  vein  or  lode,  648. 
to  separate  persons,  94. 
coowner  may  acquire  interest  of  other,  274. 
interest  forfeited  after  notice,  275. 

to  be  forfeited,  276, 
right  to  patent,  279, 
coowners,  177,  271. 

who  are,  272, 

corner  tied  to  public  survey  or  mineral  monument,  321. 
corporation,  27. 

as  Joint  locator,  28. 
cost  of  improvements  as  a  basis  of  value,  355. 
course  of  discovery  vein  determines  lines  for  all  veins,  149. 
courses  and  distances  must  be  followed  in  absence  of  monument,  443, 
court  may  determine  method  of  locating  deposit,  467. 
criminal  liability  for  robbing  or  destroying  in  Alaska,  909. 
cross  locations  unauthorized,  144. 
crosswise  of  vein,  82,  144. 
curved  figure,  62. 
cutting  timber  on,  1335, 1352, 

limited  to  use  of  claim,  1335. 
damages  for  appropriation  for  right  of  way,  1144. 
date  of  location  on  abandoned  ground,  262. 
defined  in  adverse-claim  proceedings,  465. 
definition  of,  179. 

lode,  649. 

vein,  649. 

delinquent  coowner  entitled  to  notice,  275. 

may  be  advertised  out,  274. 
Department  regulations  as  to  conflicting  claims,  158, 
dependence  of  steps  in  making,  upon  each  other,  54, 
dependent  on  discovery,  56,  71. 


INDEX. 


1619 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
description,  177,  225,  340,  504. 

and  connection  with  survey,  701. 
siu-vey,  701. 

by  reference  to  natural  objects  or  monuments,  227,  321,  340,  700,  701. 
in  notice  or  record,  226. 
patent,  666. 

terms  of  public  survey  sufficient,  320. 

of,  on  surveyed  lands,  504,  505. 

question  of  fact,  504. 

when  bordering  on  lakes  or  streams,  320. 
on  unsurveyed  lands,  321. 
destruction  of  boundaries,  225 
markings,  225. 
determination  of  boundary  planes,  109. 
determined  by  course  of  vein  or  lode,  55. 
determines  rights  below  surface,  57. 
difference  between  lode  and  placer  claim,  330. 
diligence  in  making,  to  preserve  water  rights,  620. 

prosecution  essential  to  protection,  1047. 
dimensions,  506. 

and  area,  695. 

governed  by  local  laws  and  customs,  647. 
limited  by  statute,  60. 
locator  entitled  to,  on  discovery,  694. 
dip  of  vein  and  meaning,  141. 
discoverer  entitled  to  entire  width  of  vein,  67. 
given  exclusive  right,  56. 
protected,  701. 
right  to  apex  of  claim,  699. 
discovery.   See  title  Discovery, 
discrepancies  in  description,  231. 

disposal  of,  within  abandoned  military  reservations,  1160. 
distinguishable  from  cross  or  intersecting  lodes,  588. 
distinguished  from  location,  22. 

mine  and  mining  claim,  51. 

mining  claim,  22,  51. 
division  among  several  by  locator,  94. 
dower  rights  in,  33. 

duty  of  locator  to  protect  against  trespass,  123. 
effect  and  rights  within  forest  reservation,  1168. 

validity  on  lands  not  subject  to,  310. 
as  against  railroad  grant,  1189. 

grant  from  Government,  56,  111,  700. 
establishing  mineral  character  of  land,  1295. 
segregation  of  lands,  542. 
of  cross  location  on  extralateral  rights,  144. 
customs,  642. 
destruction  of  notice,  206. 
excessive  location,  695. 
failure  to  comply  with  miners'  rules,  196. 
perform  assessment  work,  255. 
record  in  Alaska,  899. 
forfeiture  of  senior  on  junior  location,  257. 
general  finding  as  to  right  of  possession,  873. 
intersecting  claim,  139. 
irregular  location,  59,  138. 

on  extralateral  rights,  144. 

local  laws,  642. 

statutes  on,  506. 
location,  21,  56. 

as  notice,  700. 

within  limits  of  prior  location,  184. 
marking  on  surface,  57. 
miners'  regulations  on,  506. 
mistake  in  description,  232. 
on  timber  and  stone  entry,  1316. 


1620 


INDEX. 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
effect  of  patent  as  a  conveyance,  34. 

for  placer  location  on  lode  location,  310. 
priority  of  location  on  extralateral  rights,  157. 
relocation,  704. 

removal  of  stakes  and  markings,  92. 
surface  boimdary  lines,  696. 
Sutro  tunnel  act,  629. 
triangular  location,  85,  145. 
want  of  discovery  on  adverse  claim,  379. 
within  forest  reservation,  1168. 
zigzag,  59,  64. 
on  classification  of  railroad  lands,  1155. 
lands  returned  as  agricultural,  53. 

withdrawn  from  private  entry,  1390. 
of  homestead  entry,  1322. 
town-site  patent,  1381. 
to  segregate  area  from  public  domain,  56. 
when  in  form  of  triangle,  60. 

interest  of  alien  escheats,  30. 
where  discovery  shaft  is  upon  prior  location,  88. 
embraces  prior  location,  310. 
end  lines  pass  through  discovery  shaft,  323. 
located  within  line  of  Sutro  tunnel,  1385. 
surface  lines  are  laid  on  private  property,  93. 

peaceably  laid  on  senior  location,  86. 
ejectment  against  trespasser,  703. 

proof  as  against  stranger,  117. 
elements  of  property,  93. 
embraces  definite  tract  of  land  and  vein,  51. 
employees  of  General  Land  Office  can  not  make,  27. 
end  lines.   See  title  End  lines. 

enlisted  persons  exempted  from  assessment  work,  287. 
enterable  in  Minnesota,  630. 
entries  on,  not  suspended  by,  1155. 
entry,  189. 

and  effect,  391. 

as  notice,  701. 

canceled,  398. 

equivalent  to  patent,  189. 

for  patent  and  extent  of  area,  707. 

of  town  site  on,  1366. 
equitable  right  on  payment  of  purchase  price,  250. 
evidences  of  discovery,  79. 

excepted  from  amendatory  acts  of  California  and  Nevada,  1277. 
grant  to  California,  1260. 
Indian  lands  reserved,  974. 
raihoad  grants,  1109,  1116. 
town-site  patent,  1382. 
excess  of  lineal  feet  on  the  surface  harmless,  648. 
excessive,  90,  514,  647. 

area  may  be  abandoned,  91. 
not  invalid,  648. 
exclusion  of  discovery  groimd  invalidates,  70. 
exclusive  enjoyment  limited  to  mining  purposes,  116. 

right  to  possession  of  surface,  114. 
exemption  from  Sutro  tunnel,  629. 
existence  of  vein  or  lode,  107. 

necessary,  50. 

expenditures,  344. 

as  evidence  of  good  faith,  162. 
expenses  of  survey,  1038. 

borne  by  mineral  claimant,  280. 
paid  by  claimant,  579. 
extension  beyond  end  of  lode  prohibited,  61. 

of  time  for  annual  labor  prevents  relocation,  722. 


INDEX. 


1621 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
extent  and  dimensions,  59. 

form  of  tunnel  location,  175. 
of  ownership  of  surface,  693. 
possession  of  surface,  693. 
surface  area  defined,  693. 
when  made  by  association,  646. 
extra  extent  in  length  taken  by  locator,  647. 
extralateral  rights,  24,  58,  134,  699.   See  title  Extralateral  rights, 
extent  and  nature,  651. 
granted  by  statute,  134,  699. 
granted  owner,  702. 
limitations  upon,  652. 
not  affected  by  patent,  159. 
on  surplus  width  of  vein,  67. 
right  as  against  patentee,  653. 
when  lines  are  on  senior  location,  86. 
where  lines  of  jimior  are  on  senior  location,  157. 
fails  if  discovery  fails,  56. 

failure  to  perform  assessment  work  subjects  to  relocation,  257. 
record  as  ground  of  forfeiture,  255. 

affidavit  no  ground  for  relocation,  269. 
Federal  questions,  163. 
filing  notice  of,  for  record  in  Alaska,  900. 
fixing  point  through  which  measurements  of  location  begin,  60. 
forceful  location,  89. 

foreclosure  of  lien  on,  and  recovery,  884. 
foreign  corporation  may  make,  28. 
forfeited  by  failure  to  perform  conditions,  255. 
forfeiture,  177,  254,  653,  704. 

by  abandonment,  256. 

declared  by  statute,  704. 

for  failure  to  perform  assessment  work,  251,  255,  256. 
not  complete  until  claim  occupied  by  others,  261. 
of  conflict  area  by  senior  locator,  257. 

conflicting  area  and  relocation  by  stranger,  270. 
coowner's  interest  on  notice,  275. 
in  Alaska,  879. 
on  failure  to  perform  annual  labor,  234,  257. 
prevented  by  resumption  of  work,  251. 
form,  59,  695. 

and  dimensions,  646. 
as  a  parallelogram,  138. 
extent,  and  dimensions,  59. 
in  Philippine  Islands,  1055. 
may  deviate  to  follow  vein,  62. 
not  necessarily  a  parallelogram,  62. 
octagon,  62. 
parallelogram,  59. 
fovmdation  of  possessory  title,  21. 
fraudulent  entry  on  invalid  senior  location,  89. 

location,  89. 
general  system  of  work  and  improvement,  245. 
gives  exclusive  possession  of  surface  ground  for  mining  purposes,  22. 
locator  exclusive  beneficial  use  and  possession,  104. 

something  more  than  right  to  vein,  120. 
property  in  lode  or  vein  to  locator,  128. 
good  faith  and  speculative  locations,  181. 
governed  by  act  under  which  made,  693. 

customs  and  miners'  rules,  96. 
Government  holds  superior  title  in  trust  for  locator,  21. 

may  question  validity  after  judgment,  451. 
will  not  intervene  to  protect  property  acquired  by,  123. 
protect  as  against  trespass,  123. 
Government's  right  to  protect  surface  against  timber  cutting,  1327. 
granted  by  mining  laws,  104. 


1622 


INDEX. 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
grantee  protected  by  State  registration  statute,  122. 
grantee's  right  to  follow  vein  same  as  locator,  160. 
grant  from  Government,  26. 

of  privilege  by  Congress,  49. 

surface  and  veins  a  unity,  119. 
reverts  to  Government  on  abandonment,  113. 
grotmds  for  forfeiture,  255. 
grubstake  contracts  for  making,  55. 
held  by  incomplete  title,  187. 

subject  to  right  of  way,  592. 
holder  of  sheriff's  certificate  not  a  coowner,  272. 
holding  by  work  under  miners'  rules,  653. 
horseshoe  shape,  62. 

improper  use  of,  not  permitted  on  reservation,  1168. 

within  forest  reserve,  1168. 
improved  system  of  laws  for  making,  684. 
improvements,  344. 

and  labor  on  one  for  group,  348. 

not  apportioned  if  noncontiguous,  352. 

optional,  344. 
on  any  part,  346. 

one  of  group  claims,  351. 
outside  of  boundaries  of,  348. 

claim,  93. 
required  to  show  good  faith,  162. 
in  abandoned  reservation,  1160. 
in  accordance  with  miners'  rules  protected,  97. 
in  Alaska,  189,  874. 
includes  land  and  apex  of  vein,  50. 

located  prior  to  patent,  21. 
surface  and  veins  or  lodes,  692. 

ground  and  vein  or  lode,  21,  692. 
the  giving  of  notice,  50. 
inclusive  meaning  within  timber  and  stone  act,  1316. 
incomplete,  gives  qualified  right,  113. 

till  boundaries  marked  and  notice  posted,  694. 
without  markings,  219. 
Indian  allotments  not  subject  to,  1026. 
in  forest  reservation,  116. 
inheritable,  93,  188. 
initiating  rights,  22. 

instances  of  claims  not  subject  to  relocation,  268. 

insufficiency  of  notice  of  location,  203. 

insufBcient  assessment  work,  248. 

markings  on  ground,  223. 

suflRciency  of  notice  of  location,  202. 

sufficient  markings  on  ground,  221. 
in  State  grants  protected,  1274. 
insufficient  marking  on  ground,  223. 

notice  of  location,  203. 

proof  of  mineral  character,  511. 
intent  of  statute,  645. 
interest  indistinct  from  land,  93. 

of  coowner  to  be  forfeited,  276. 
intersected  by  prior  location,  88. 
intersecting  veins,  705. 

invalid  as  against  tunnel  location,  167, 168, 172. 

by  unreasonable  excessive  area,  91. 

if  boundaries  not  traceable,  217. 

locations,  87. 
invalidated  by  exclusion  of  discovery  point,  70. 
irregular,  59,  647. 

as  affecting  extralateral  rights,  144. 
placer  locations,  515. 
irregularity  will  not  vitiate,  90. 
is  acceptance  of  Government's  offer  to  sell,  22. 


INDEX. 


1623 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
is  a  title  that  locat  or  may  hold  and  defend,  121. 
is  more  than  casement,  22. 
issuance  of  patent  for,  402. 
joint  locators  take  only  statutory  size,  63. 
judicial  notice  as  to,  189. 

junior  location  including  abandoned  discovery  shaft,  88. 
on  dip  superior  to  senior,  156,  157. 
questioned  by  third  locator,  464. 
locator's  right  of  way,  591. 
urisdiction  of  courts,  34,  163. 

on  questions  relating  to,  163. 
Federal  courts,  34,  163,  281,  455,  461,  497,  592. 
Land  Department,  105. 

Secretary  of  Agriculture  within  forest  reservation,  1168, 
justification  for  removal  of  timber  on,  1335. 
justifying  trespass,  160. 
knowledge  of,  560. 

discovery  essential,  1047. 
labor  and  improvements  by  one  coowner,  278. 
Land  Department  may  set  aside,  297. 
lands  adjoining  sold  subject  to  extralateral  rights,  136. 
not  subject  to,  310. 

to  be  patented  must  be  covered  by  location,  320. 

uninhabited  not  equivalent  to  vacant  or  iznoccupied,  1173. 

valuable  for  mineral  only  are  subject  to,  4. 
laws  relating  to,  extended  to  Alaska,  871. 
laying  lines  upon  senior  location,  158. 
lease,  123. 

legal  location  operates  as  grant,  700. 

title,  124. 
length  along  vein,  35. 

and  width,  62,  695. 

do  not  apply  to  placer  claim,  95. 
limited  by  statute,  695. 
given  by  law  in  force  at  date  of  location,  62. 
limited,  62. 
of,  664. 

on  lode,  695. 

vein  between  end  lines  can  not  exceed  location,  61. 
limited  by  end  lines,  60. 
on  vein  or  lode,  139,  687. 
liability  to  United  States  for  cutting  timber,  1349. 
liens  enforced  after  patent,  675. 

on,  protected,  675. 
limitation  as  to  size  in  Philippine  Islands,  1067. 

of  actions  to  recover  in  Alaska,  908. 
on  dimensions,  647. 
maximum  length,  62. 

width,  62. 
limited  to  lines  marked,  505. 

single  vein  or  lode,  648. 
limits  defined  by  exterior  boundaries,  60. 
lines  of  junior  locator  laid  on  senior,  157. 
measure  locator's  rights,  647. 
on  existing  claims,  87. 
senior  location,  85. 
local  regulations  as  to  area,  696. 

authorized,  692. 
recognized,  692. 
location  after  construction  of  improvements,  346. 
and  mining  claim  synonymous,  51,  179. 
as  a  grant,  112. 

term  in  placing  mining  claim,  50. 
initial  step  to  indicate  surface  acquired,  50. 
authorized,  692. 


1624 


INDEX. 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
location  benefited  by  tunnel  construction,  168. 
by  agent,  700. 

alien  validated  by  qualifying  as  citizen,  31. 
certificate,  197. 

as  proof  of  time  of  taking  possession,  874. 
is  the  act  by  which  possession  is  vested  in  locator,  50. 
lengthwise  of  vein  or  lode,  138,  646. 
line,  1056. 

not  made  on  placer  claim,  523. 
of  lode  claim  within  placer  limit,  557. 
tunnels,  165. 

tunnel  veins,  169,  174,  175. 
on  apex  of  vein,  54,  105,  138, 
Black  Hills  protected,  957. 
blanket  vein,  106. 
lands  above  high  tide,  874. 
patented  placer  claims,  573. 
surface,  645. 

unappropriated  public  land,  51. 
vein  or  lode,  53,  693. 
status,  104. 

under  one  act  and  patent  under  later,  704. 

original  act  and  patent  under  later  act,  666,  667. 
who  may  make,  55. 
within  limits  of  prior  location,  184. 
locations  combined  constitute,  179. 

locator  acquires  all  veins  or  lodes  apexing  within  surface  lines,  693. 
and  title  to  survey,  443. 
as  owner  before  patent,  292. 

assignee  of  the  United  States,  112. 
bound  by  lines  designated  on  surface,  333. 

terms  of  patent,  667. 
can  not  follow  vein  beyond  end  lines,  147. 
confined  to  claim  within  the  end  line,  703. 
entitled  to  all  veins  within  planes  of  smface  lines,  119. 
exclusive  enjoyment  of  surface,  115. 

possession,  115. 
fruits  of  labor,  141. 
possession  of  surface,  703. 
timber  on  surface,  703. 
estate  granted  to,  112. 
estopped  by  sale,  188. 

to  deny  validity  of  relocation,  270. 
makes  so  as  to  reach  discovery  vein,  57. 
may  adverse  tunnel  location,  174. 

clear  off  timber  for  operation,  1325. 
contract  with  mineral  surveyor,  280. 
hold  by  possession  or  by  purchase,  188. 
maintain  suit  to  defend,  121. 
protect  timber  growing  thereon,  1346. 
sell  and  assign  after  patent  application,  329. 

any  part  without  prejudice,  124. 
swing  claim,  233. 
transfer  to  assigns,  126. 

heirs,  126. 

must  adopt  actual  discovery  of  another,  56. 

comply  with  miners'  rules  and  regulations,  122. 

State  and  Federal  statutes,  12^?, 
have  knowledge  of  former  discoverer,  56. 
not  a  trespasser,  112. 

bound  by  mistake  In  record,  232. 
required  to  be  first  discoverer,  56. 
to  purchase  land,  112. 
of  irregular  placer  location  not  protected,  515. 
prohibited  from  exporting  timber  cut,  1344. 


INDEX. 


1625 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
locator  protected,  70L 

by  stakes,  232. 

while  completing,  181. 

making  discovery,  109. 
sinking  shaft,  192, 
restricted  to  surface  lines,  322. 
rights  superior  to  tunnel  owner,  113. 
right  to  ores  without  purchasing  land,  112. 
superior  rights,  113. 

surface  right  as  adjunct  to  lode  claim,  113. 
locator's  authority  to  cut  and  remove  timber,  1344. 
exclusive  right  to  vein,  111,  112. 
possession  extends  to  boundary  lines,  115. 

inconsistent  with  vacancy,  1173. 
possessory  rights,  110. 
qualified  right,  113. 
rights  as  against  conflict  area,  326. 

intruder,  116. 
reservations,  189. 
town-site  claimant,  1368. 
tunnel  owner,  167 
determined  by  surface  lines,  182,  696. 
limited  by  end  lines,  147. 
on  irregular  location,  144. 
restricted  to  location  on  vein,  326. 
subject  to  town  site,  517. 
superior  to  town-site  claimant,  22. 
suspended  by  statute,  1011. 
to  convey  in  parcels,  94. 

file  additional  certificate,  205. 
patent,  189. 
follow  vein,  159. 
within  forest  reservation,  115. 
vested  right  in,  93. 
locus  accurately  fixed,  340. 
lode  and  placer  claims,  94. 

claim,  location  within  placer  limits,  95. 
mineral  paint  rock  as,  324. 
placer  deposits  not  acquired  by,  95. 
laws  applied  to  placer  claims,  509. 
subject  to  location,  648. 
loss  of  discovery  point  or  shaft,  465. 
made  after  entry  and  payment,  397. 

and  patented  under  separate  statutes,  645. 
by  agent,  27,  56. 
women,  27. 

in  accordance  with  law  and  local  customs  or  miners'  rules,  94. 

accordance  with  State  regulations,  190. 

conformity  with  miners'  rules,  96. 

State  regulations,  96. 

names  of  bona  fide  locators,  56. 

shore  waters  of  Alaska,  871. 
lengthwise  of  vein,  138. 

under  original  act  relocated  under  later  act,  704. 
making  on  Indian  allotted  lands,  1186. 
mandatory  provisions  as  to  width,  60. 

requirements,  178. 
manner  and  method  of  making,  54. 

of  securing  cash  entry,  785. 
marking  boundaries  essential,  181. 

necessary  if  possession  not  actual,  206. 
on  ground  necessary,  177, 181,  653,  694,  700. 

not  required  by  original  act,  653. 
required  in  Philippines,  1055. 
so  boundaries  can  be  traced,  necessary,  181. 
56974°— Bull.  94,  pt  2—15  51 


1626 


INDEX. 


MINING  LOCATIONS  OR  CLAIMS— Continued. 

markings  and  monuments  determine  ground  located,  206. 
maximum  dimensions  fixed  by  mining  statutes,  642. 
may  include  several  locations,  180. 
measurement  made  from  middle  of  vein,  60. 
method  for  obtaining  survey,  578. 

of  locating  asphaltum  and  phosphate,  532. 
making,  after  discovery  in  tunnel,  174. 
on  discovery  in  tunnel,  176. 
unaffected  by  later  sections,  587. 
proof,  15. 

methods  and  sufficiency  of  marking,  220. 
of  initiating  rights,  22. 

mining  marble  as  improvements,  546. 
middle  of  vein  as  point  of  discovery,  60. 

measurement,  63. 

mill  site  located  as,  595. 
mineral  character  of  land,  510. 

lands  in  reservation  subject  to,  1226. 

forest  reservation  subject  to,  1166. 

survey  not  to  be  interested  in,  580. 
miner  restricted  from  cutting  timber,  1163. 
miners'  rules  and  regulations,  96,  162,  642, 
minimum  width,  35, 196. 
mining  claim  distinguished  from,  22. 

dredge  as  expenditure,  546. 

location  becomes  claim  when  properly  located,  22. 

State  control,  723. 
rights  not  impaired,  629. 
statutes  do  not  require  record  of,  208. 
mistake  in  description  corrected  by  reconveyance,  322. 

making  will  not  defeat  extralateral  rights,  141. 
of  surveyor  and  effect  on  applicant's  rights,  321. 
mode  of  acquiring  title  to,  22. 

monuments  and  discovery  shaft  are  on  patented  claims,  465. 
as  authority  for  patented  land,  505. 
control  in  location  of  boundaries,  504. 

patent,  505. 
in  aid  of  description,  504,  505. 
mortgage  of,  by  locator,  56,  123. 
must  be  made  within  limits  prescribed  by  grant,  49. 
on  course  of  vein  or  lode,  53. 
vein  for  entire  length,  695. 
conform  to  vein  or  lode,  49. 
nature  and  effect,  49. 

before  patent,  292. 
of  claim  before  patent,  292. 
as  property,  122,  124. 
estate  of  coo^vner,  272. 
lode  and  placer,  557, 
under  original  act,  666. 
no  basis  of  adverse  claim  if  void,  S31. 
dower  rights  after  abandonment,  262. 
forfeiture  until  expiration  of  time  for  performing  work,  251. 
liability  to  United  States  for  cutting  timber  on,  1349. 
privity  between  first  locator  and  relocator,  270. 
relocation  after  resumption  of  work,  267. 
rights  initiated  by  fraudulent  entry,  52. 
superior  tunnel  rights  after  patent,  171. 
noncontiguous  ground,  88. 
nonmineral  lands  not  excepted  as,  1117. 
nonresident  may  make,  27. 
not  acquired  by  town  site,  1377. 

acquired  under  Minnesota  State  grants,  1278. 
affected  as  against  homestead  entry  without  discovery,  1047. 
by  subsequent  town-site  entry,  1367. 

tunnel  discovery,  171. 


INDEX. 


1627 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
not  a  gnxnt  of  two  separate  estates,  04t>. 
authorized  on  Indian  lands,  9r)4. 

private  lands,  10. 
community  property,  123. 
contiguous  if  touch  at  corners  only,  247. 
evidence  of  mineral  character  of  land,  1380. 
excepted  from  State  grant  if  lands  are  nonmineral,  12S9. 
included  in  Indian  allotments,  971. 
initiated  by  fraudulent  entry,  52. 

legalized  by  statute  if  not  in  accordance  with  miners'  rules,  613. 
made  on  lands  below  high  tide,  88. 

middle  part  of  vein,  139. 
patented  within  prohibited  limits  of  Sutro  ttmnel,  1385. 
permitted  on  Indian  allotments,  1026. 

patented  town  sites,  10. 
within  limits  of  existing  location,  119. 
protected  within  town  site  in  absence  of  discovery,  1358. 
reserved  from  public  uses,  3. 
selectable  as  reservoir  site,  1228. 
set  apart  for  public  uses,  15, 127. 
subject  to  further  location,  111. 

relocation,  263,  264. 

after  entry,  268. 
suspended  by  classification  act,  1155. 

on  classification  of  railroad  lands,  1155. 
synonymous  with  location,  180. 
notice,  97. 

destroyed,  206. 

filing  for  record  in  Alaska,  899. 
of  existence  of  vein  or  lode,  562. 

intention  to  hold  claim  without  work,  286. 

suspends  aimual  labor,  286. 

location,  649. 

and  sufficiency,  202. 
not  required,  196. 
of  posting,  702. 
relocation,  705. 
to  delinquent  coowner,  275. 
number  included  in  single  patent  unlimited,  94, 
patentable  imlimited  in  Alaska,  876. 
unlimited,  24,  94. 
numbering  in  Alaska,  189. 
object  of  location  statute,  111. 

marking  boundaries,  694. 
notice,  198. 
occupation,  25. 

official  survey  as  part  of  patent,  504. 

oil  lands  locatable  as,  1043,  1044. 

on  abandoned  military  reservations,  1161. 

validated,  1179. 

agricultural  lands,  1196. 

Black  Hills  after  ceded  to  the  United  States  protected,  957, 

Black  Hills  Reservation,  957. 

ceded  Indian  lands,  981. 

Colville  Indian  Reservation,  968. 

Comstock  lode  within  prohibited  limits,  1385. 

homesteads,  1227. 

Indian  lands,  971,  976. 

after  cession  and  proclamation,  982. 
withdrawal,  954. 

completed  after  cession,  963. 

determined  by  Department,  984. 

during  life  of  treaty,  954. 

perfected,  976. 

protected,  984. 


1628 


INDEX. 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
on  lands  above  high  tide  in  Alaska,  874. 

below  high  tide  in  Alaska,  874. 
granted  to  raih-oad,  llOL 
in  military  reservations,  1179. 
withdrawn,  1389. 
mineral  lands  in  Indian  reservation,  978. 
public  lands  only,  10. 
reservations  in  Alaska,  1165. 

protected,  1168. 
validated,  1178. 
shore  lands  of  Bering  Sea,  874. 
single  vein,  54. 
streams  or  rivers,  53. 
surveyed  lands,  504,  505. 
town  site  as  notice,  1359. 
veins  or  lodes,  32. 
waters'  edge  in  Alaska,  864. 
one  location  for  all  veins,  54. 

opportunity  for  development  before  stone  location  permitted,  1317. 
oral  agreement  to  locate,  not  within  statute  of  frauds^  125. 
order  of  steps  in  making,  not  essential,  54. 
original  act  limited  to  one  vein,  648,  649. 

silent  as  to  marking  on  ground,  653. 
locator  may  relocate,  265. 
overlapping  locations,  57,  88,  158. 
owner  authorized  to  use  timber  in  reservations,  1178. 
holds  subject  to  entry  by  others,  161. 
may  receive  patent  for,  within  townsite  in  Alaska,  1379. 
ownership,  32. 

acquired  by  location,  112, 113. 

dependent  on  possession  of  apex,  129. 

does  not  embrace  the  soil,  94. 

governed  by  law,  123. 

of  surface  and  veins,  119. 

subsm'face,  119. 
veins,  119, 127. 

subject  to  extralateral  rights  of  others,  135. 
parallel  with  vein  or  lode  as  indicated  by  apex,  59. 
parallelism  of  side  lines,  83,  147,  696. 
parallelogram  in  form,  61. 
parcel  of  land  containing  precious  metals,  51. 
parol  contract  of  sale,  124. 

evidence  to  aid  description,  228. 
particular  form  not  required  as  to  end  lines,  55. 
particulars  in  survey,  338. 

observed  in  making  survey,  338. 
parties  in  contests  concerning,  439. 
partition  as  real  estate,  188. 
part  of  colocators  as  aliens,  30. 

party  in  interest  may  recover  possession  of  mining  claim  in  Alaska,  909. 
patent,  34,  161,  292.    See  title.  Patent. 

annual  labor  not  requii'ed  after,  127. 

conveys  paramount  title,  418. 

dates  by  relation  to  time  of  location,  1375. 

denied,  161. 

does  not  affect  extralateral  rights,  159. 

effect  as  a  grant,  161. 

for  as  against  town-site  entry,  1382. 

location,  1361. 

conclusive,  417. 

includes  all  within  the  land,  413. 

notwithstanding  town-site  patent,  1380. 

on  unsurveyed  lands,  504,  505. 

part  of  severed  claim,  405. 

subject  to  water-right  easement,  623. 

superior  to  town-site  patent,  1359. 


INDEX. 


1629 


MINING  LOCATIONS  OR  CLAIMS— Contiimed. 
patent  for,  takes  elTect  by  relation,  415. 

when  part  in  town  site,  :VM. 

grants  apex  and  right  to  follow  vein,  103. 

in  case  of  conflicting  gi-ound,  60. 

includes  all  statutory  rights,  161. 

limited  to  width  of  claim,  63. 

not  requii-ed,  94,  127. 

obtained  for  canying  on  mining,  401. 

perfects  legal  title,  401. 

proceedings  and  practice,  290. 

provided  for,  401,  661. 

subject  to  tunnel  rights,  426. 
patentee  protected  in  sale  of  adjoining  land,  667. 
payment  of  price,  785. 

peaceable  entry  before  complete  location,  92. 

on  void  senior  location,  90. 
performance  of  annual  labor  by  coowner,  273. 

excused  by  Sutro  timnel,  629. 
permitted  on  town  sites,  1358. 
persons  authorized  to  make,  may  obtain  patent,  712. 
entitled  to  purchase,  653. 
in  possession  in  Alaska,  909. 

may  perfect  title,  887. 
prohibited  from  making,  644. 
Philippine  Island  locations,  1054,  1067. 
phosphate  in  vein  locatable  as  such,  521. 
lands,  532. 

physical  inequalities  of  surface  will  not  excuse  markings,  215. 
place  of  filing  notice  of,  in  Alaska,  884. 

recording  notice  of,  in  Alaska,  884. 
placer  location,  509. 

and  moaning  of  term,  508. 

plat,  340. 

as  furnishing  data  of  the  locus,  320. 
point  of  discovery  assumed  to  be  middle  of  vein,  60. 
policy  of  courts  to  protect  if  properly  marked,  218. 
possession,  31. 

and  improvement  according  to  local  rules,  643. 
as  against  homestead  entryman,  846. 
giving  title,  125. 

notice  to  agricultural  entryman,  640. 
bars  second  location,  115. 

based  on  location  and  performance  of  aimual  labor,  113. 
comes  from  valid  location  only,  702. 
condition  on  discovery  and  location,  71. 
continued  without  patent,  127. 
depends  on  discovery,  64. 

performance  of  annual  labor,  697. 

conditions,  114. 
equivalent  to  right  vmder  patent,  127. 
for  period  equal  to  statute  of  limitations,  547,  553. 

statutory  period  equivalent  to  statutory  location,  125,  548. 
includes  entire  claim,  119. 

surface  and  all  veins,  119, 
keeps  title  alive,  21. 
of  claim,  91. 

in  Alaska,  874,  889. 

for' ten  years,  908. 
Philippine  Islands,  1067. 

for  statutory  period,  1067. 

one  coowner,  272. 
overlapping  locations,  57. 
part,  186. 
surface,  114. 

gives  right  to  intervene,  139. 

is  that  of  veins  apexing  within,  120. 


1630 


IKDEX. 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
possession  of  vein  protected,  121. 

prevents  occupancy  by  junior  locators,  89. 
protected,  790. 

as  against  town  lot  owner,  1358. 
diiring  operations,  644. 
recognized  as  security  of  title,  92. 
subject  to  marking  boundaries,  206. 
sufficient  against  intruder.  52. 

to  hold  as  against  subsequent  locator,  644. 
sustained  by  proof  of  annual  labor.  93. 
will  support  trespass,  120. 
without  patent,  94,  654. 
purchase,  188. 
possessio  pedis,  90,  93,  117, 118. 

possessory  action  for,  does  not  affect  United  States  title,  831. 
right  as  vested  right,  1390. 

essential  to  patent,  309. 
rights  and  title,  184. 

as  evidence  of  title,  703. 
estate,  702. 

merged  in  patent,  408. 
nature,  702. 
of  locator,  24. 

owner,  24. 
owner  may  protect  by  suit,  703. 
protected  by  statute,  703. 
recognized,  1089. 
title,  644. 

in  Alaska,  874. 
posting  discovery  notice  does  not  constitute,  50. 
power  of  association  of  persons  to  make,  645. 
presumed  to  be  made  along  course  of  vein,  130. 
presumption  as  to  course  of  vein,  138. 

location  on  application  for  patent,  308. 
surveyors  return  overcome  by,  1196. 
trespass,  160. 
of  ownership  of  vein  overcome  by  proof,  131. 
valid  location  from  possession,  125. 
prevents  entry  by  others,  92. 
price  of  lode  and  placer  locations,  555. 
per  acre,  554. 

prima  facie  proof  of  mineral  character  of  railroad  land,  1155. 
priority  determines  ownership  of  minerals,  589. 

below  union  of  veins,  590. 

of  conflicting  locations,  183. 
determines  title,  629. 

location  determines  ownership  of  intersecting  veins,  721. 
on  Indian  lands  after  withdrawal,  954. 
relocations,  431. 

right  of  possession  protected,  120. 
over  State's  right,  1283. 
prior  location  operates  as  bar,  111. 
locator  protected,  701. 
rights  protected,  118. 
to  subsequent  town-site  entries,  1375. 
privilege  of  purchasing,  653. 
proceedings  to  obtain  patent,  290. 
prohibited  on  Indian  allotments,  1025. 

within  2,000  feet  of  Sutro  Tvmnel,  1385. 
proof  as  to  discovery  between  conflicting  mineral  claimants,  1044. 
essential  to  show  within  right  of  way,  1144. 
in  action  for  possession  of,  441. 
of  abandonment  as  question  of  fact,  261 . 
custom  as  to  completion  of,  468. 
date  of,  after  patent,  415. 
expenditures  in  patent  proceedings,  354. 


INDEX. 


MINING  LOCATIONS  OR  CLAIMS— Continued. 

proof  of  mineral  character  of  land  in  patent  proceedings,  313. 

ownership  of  apex  essential  to  oxtralateral  rights,  137. 
performance  of  annual  labor  in  adverse  proceedings,  466. 
raises  presumption  of  mineral  land,  313. 
timber  upon,  as  evidence  of  good  faith,  1173. 
to  entitle  locator  to  recover  possession,  125. 
establish  forfeiture  of  coowner's  interest,  276. 
on  stone  land,  1316. 
sufficient  to  exclude  from  town-site  entry,  1381. 
maintain  possession,  93. 
property  rights  as  extralateral,  113. 

intralimital,  113. 
protected  against  statute  of  limitations,  873. 

from  school  grant  to  Nevada,  1272. 
in  Nevada,  1274. 

State  grants,  1274. 
on  ceded  Indian  lands,  963. 
protection  of,  on  forest  reservations,  1168. 
protect  title  against  intruder,  120. 
protest,  385. 

provisions  as  to  width,  696. 

for  acquiring  title  to,  in  Alaska,  873. 

locating,  working,  holding,  and  purchasing,  35. 
parallelism  of  lines  directory,  696. 
recording  in  Alaska  nullify  miners'  rules,  899. 
public  mineral  lands  acquired  by,  9. 
purchase  not  required,  127. 

unnecessary,  188. 
purpose  of,  57. 

provision  for  possession,  547. 
record,  209. 
qualification  of  locator,  26,  55,  644. 
qualified  ownership  acquired  by,  9. 
quantity  of  land  fit  for  mining  permitted,  535. 
question  of  discovery  in  adverse  proceedings,  465. 
quieting  title  as  against  extralateral  rights,  136. 

town-site  claimant,  1373. 
to,  in  Alaska,  831. 
railroad  subject  to  right  to  make,  1117. 

reasonable  time  for  completion  may  depend  on  circumstances,  181. 

establishing  boundaries,  181. 
reason  for  giving  time  for  completion,  181. 
record  and  description,  700. 
as  notice  of,  183. 

evidence  not  disregarded  as  to,  646. 
of,  177,  701,  1056.  • 
as  knowledge  of  vein  or  lode,  562. 

notice,  846. 
declaratory  statement  in  Alaska,  884. 
in  district  where  located,  899. 
notice  of,  in  Alaska,  884. 
recording,  177. 

affidavit  of  annual  labor  in  Alaska,  884. 
as  required  by  miners'  custom,  193,  194. 
notices  of,  in  Alaska,  900. 
recovery  of  possession  in  Alaska,  908. 
regulation  by  State  statute,  723. 

of,  before  patent,  292. 

suiface  by  mining  statutes,  60. 
relates  back  to  date  of  discovery,  181. 
relation  of  coowners,  272. 
relative  rights  of  lode  and  placer  claimants,  94. 

senior  and  j'lnior  locator,  157. 
relief  against  patent,  162. 
relocation,  58,  263,  704. 

after  cancellation  of  entry,  268. 


1632 


INDEX. 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
relocation  by  agent  or  trustee,  27L 
one  coowner,  301. 
notice,  705. 

not  permitted  after  entry  and  patent,  268. 
of,  void,  263. 

on  failare  to  perform  statutory  requirements,  266. 
under  later  act  not  permitted,  648. 
remedy  of  Government  as  against  claimant  in  forest  reservation,  1168. 
repayment  of  excessive  deposit  for  platting,  1234. 

on  proof  of  honest  mistake,  1233. 
representation  work  as  muniment  of  title,  698. 
required  to  be  made  on  public  domain,  51. 
reservations  to  surface  rights  in  patent,  1375. 
reservoir  site  not  locatable  on,  1189. 

subject  to,  1228. 
residents  of  one  State  may  make,  in  another,  27. 
resumption  of  work  on,  before  forfeiture,  251. 

prevents  relocation,  266,  267. 
reverts  to  public  domain  on  abandonment,  495. 
right  of  exclusive  possession,  92,  1168. 

junior  locator  on  abandonment  of  part  by  senior,  262. 

forfeiture  of  senior  location,  257. 
to  enter  on  surface  of  prior  location,  159. 
follow  vein  into  senior  location,  132. 
underground,  159. 
locator  as  against  grant  to  Utah,  1295. 

prior  town-site  patent,  1364. 
State  grant,  1288. 
town-site  occupants,  1378. 
on  town  site,  1378. 

to  cut  trees  in  way  of  mining  process,  1342. 

follow  course  of  vein,  148. 

secondary  veins,  149, 
miner  to  use  timber,  1312. 
original  locator  to  change  lines,  82. 
possession  and  use  of  surface  within  town  site,  1360. 

before  discovery,  57. 

superior  to  town-site  patent,  118. 
subsequent  locator  to  contest,  57. 
way  over,  protected,  659. 
to  change  surface  lines,  182. 
enjoyment  of  surface,  700. 
final  patent,  124. 

follow  vein  into  junior  location,  140. 
locate  on  Indian  lands,  968. 
maintain  and  defend  location,  186. 

possession,  121. 
make,  limited  to  citizens,  55 

on  Mexican  grant,  1092. 
mine  ore  as  an  entire  thing,  126. 

not  divisable,  126. 
open  and  explore  for  minerals  as  integral  part,  22. 
patent  determined  by  board  of  equitable  adjudication,  854. 
on  payment  of  price,  313. 

working,  for  statutory  period,  553. 
possession  as  against  United  States,  462. 

presupposes  a  grant,  704. 
protected  against  statute  limitations,  873. 
purchase  given,  653. 
rights  acquired  by  forfeiture  of  coowner's  interest,  277. 
prior  to  1872  protected,  629. 
under  prior  acts  protected,  686,687. 
affected  by  change  of  boundaries,  224. 
as  to  intersecting  veins,  705. 

conferred  by  patent  for  lode  and  placer  claim,  154. 
dependent  upon  subsequent  developments,  59. 


INDEX. 


1633 


MINING  LOCATIONS  OR  CLAIMS— Continued. 

rights  in  case  of  conflict  with  prior  preemption  claim,  326. 
initiated,  22. 

by  peaceable  entry  on  prior  location,  23. 
limited  to  those  existing  under  previous  laws,  688. 

vein  below  surface,  646, 647. 
measured  by  length  of  apex,  106. 
not  abridged  by  failure  to  obtain  patent,  654, 

affected  by  subsequent  conflicting  location,  12L 
initiated  by  trespass,  109. 
lost  by  inclusion  in  reservation,  127. 
of  assigns  of  locator,  126. 
heirs  of  locators,  126. 

junior  and  senior  locator  in  patent  proceedings,  310. 
locator,  56, 180. 

and  relocator,  270. 

as  against  extralateral  rights  of  another,  134. 

determined  by  existing  statute,  684. 

not  affected  by  subsequent  location,  57. 
lode  and  placer  claimants,  554. 
mill-site  locator,  595. 
relocator,  270. 

senior  and  junior  locator  on  relocation,  270. 
locator,  155, 156. 

subsequent  locator,  57, 183. 
on  intersecting  of  lodes,  430. 

valid  Tocation,  110. 
protected  by  mining  statutes,  118. 
restricted  to  veins  and  lodes  on  public  domain,  51. 
subject  to  miners'  rules  and  customs,  643. 
superior  to  town-site  patent,  118. 
to,  defined  by  law,  121. 

waived  by  accepting  patent  under  amended  act,  667. 
rock  in  place,  650. 
rules  of  law  applicable,  94. 
saleable,  93. 
sale  and  transfer,  124, 

by  administrator,  126. 

locator,  56. 
of  adjoining  lands  subject  to,  654. 
on  execution,  93, 123. 
statute  of  frauds,  124. 
to  separate  persons,  124. 
saline  locateable  as,  1295. 
saloon  upon,  within  forest  reserve,  1169. 
sand  rock  as  rock  in  place,  96. 
segregated  land  located,  111. 
segregation  by  patent,  505. 
senior  location  entitled  to  vein,  155. 

on  dip  prevails  over  jimior  on  apex,  156. 
takes  vein  partly  in  a  junior  location,  155, 
void,  90, 

locator's  extralateral  rights  as  against  junior  locator,  156. 
separate  and  adjoining  claims,  60. 
servitude  imposed  on  senior  location,  591. 
side  lines,  81. 

irregular,  55. 

not  parallel  with  course  of  vein,  151. 
single  grant  of  surface  and  vein,  119, 646. 
location  by  two  discoveries,  56. 

only  permitted,  785. 
vein  as  basis  of  location,  54. 
size  determined  by  custom,  194. 

or  prominence  of  vein  immaterial,  54. 
permitted  by  miners'  rules,  232. 
sold  and  conveyed  by  deed  as  real  estate,  124. 
speculative  location  determined  by  facts,  181. 


1634 


INDEX. 


MINING  LOCATIONS  OR  CLAIMS— Continued. 
State  control,  723. 

regulations,  26,96, 162, 

as  to  area,  642. 
extent  of,  162. 
validity,  162. 
statutes  as  to  recording,  192. 

giving  time  to  complete,  191. 
regulating,  641. 
statute  determines  right  of  locator,  110. 

gives  remedy  against  delinquent  coowner,  273. 
liberally  construed  to  prevent  forfeiture,  254. 
of  frauds,  124. 

limitations,  125,  873. 
recognizes  possession  within  town  site,  1357. 
statutes  construed  to  protect,  36. 

fix  point  for  measurement,  63. 
statutory  grant,  26. 

width  reduced  by  local  regulations,  63. 
status  of,  within  jurisdiction  of  Land  Department,  104. 
steps  to  be  taken  in  making,  180. 
stranger  may  enter  to  relocate,  266. 
subject  to  extralateral  rights  of  others,  136. 

grant  to  Denver  &  Rio  Grande  Railroad  Co.,  1144. 
local  customs  or  rules  of  miners,  94. 
miners'  rules,  177. 

relocation  when  assessment  work  not  performed,  265. 
right  of  way  of  railroad,  1189. 
roadway  easement  on  shore,  864. 
sale  on  execution,  188. 
station  rights  within  railroad  grant,  1144. 
stone  location  after  abandonment,  1317. 
water  rights,  676. 
subsurface  vein  as  basis  of  location,  107. 
sufficiency  and  value  of  discovery,  67,  314. 
of  improvements,  345. 

marking  on  ground,  220, 221,  222. 
notice  of  location,  202. 
superior  to  subsequent  right  of  way  of  tunnel,  171. 

town-lot  title,  1300. 
surface  along  vein  or  lode  limited,  59. 

and  subsurface  ownership,  103. 

veins  granted,  702. 
area  fixes  locators'  rights,  693. 
boundary  lines,  696. 
dimensions  regulated,  60. 
given  to  reach  vein,  57. 
ground  and  vein  included,  21. 

as  incident  to  vein  or  lode,  51,  305. 
claimed  in  connection  with  lode,  51. 
in  case  of  conflict,  60. 
with  vein  or  lode,  693. 
in  connection  with  vein,  646. 
lines,  81, 

reduced  to  include  legal  area,  322. 
upon  senior  location,  85. 
location  a  condition  to  patent,  308. 

as  measure  of  right  to  veins,  693. 
determines  boundary  planes,  109. 
not  permitted  within  town  site,  1379. 

required  of  veins  discovered  in  turmel,  174. 
not  subject  to  use  by  others,  22. 
ownership,  119. 

as  controlling  subsurface  rights,  140, 
permitted  under  local  laws  and  customs,  664, 
possession,  extent  and  purpose,  116. 
extent  of,  120. 


INDEX. 


1685 


MINING  LOCATIONS  OR  CLAIMS— Coutiiiued. 
surface  possession  priority  of  right,  120. 

protection,  120. 
right  as  against  intruder,  116. 
to  defend,  121. 
maintain,  121. 
right  as  adjunct  to  lode  claim,  113. 

rights  not  affected  by  easement  through  intersecting  point,  592. 

reserved  for  town-site  claimant,  22. 
with  vein  or  lode,  694. 
survey,  337.   See  title.  Survey. 

and  description,  340,  701. 
effect  and  sufficiency,  338. 
for  patent,  343. 
if  not  on  surveyed  lands,  504. 
lines  laid  on  patented  lands,  343. 
must  connect  with  mineral  monuments,  340. 
of,  connected  with  public  survey,  504. 
lode  claim,  504. 

need  not  conform  to  public  survey,  504. 
surveyor's  certificate  evidence  of  improvement,  354. 
survival  of  action  for  recovery  of  mining  claim,  909. 
swinging  claims,  233. 
synonomous  with  mining  claim,  179. 
taxable,  93. 
taxation,  97. 

term  applied  to  land  appropriated,  50. 
terminates  where  vein  enters  placer  location,  154. 
test  of  validity,  57. 

ties  to  natural  objects  or  permanent  monuments,  227. 

timber  cutting  as  trespass,  1346. 

time  for  annual  labor  extended,  281,  282,  722. 

bringing  suit  to  annul  patent  for,  1228. 

commencement  of  annual  labor  in  Philippines,  1058. 

completion  of  location,  181. 

making  and  payment  on  ceded  Shonshone  Reservation,  982. 

annual  assessment  work,  281,  884. 
work  on,  extended,  722. 
making  application  for,  785. 

development  work  extended,  282. 

improvements,  284. 

on  ceded  lands  after  proclamation,  980. 
Indian  allotted  lands,  1186. 

payment,  785. 
given  locator  for  completion,  181. 
of  filing  notice  of,  in  Alaska,  884. 
title  acquired  by  conveyance  of  coowner,  278. 

forfeiture  of  coowner's  interest,  277. 

one  coowner  held  in  trust,  278. 

possession,  120, 125. 
begins  with  location  notice,  649. 
can  not  antedate  mining  location  notice,  649. 
limited  and  absolute,  116. 
merged  in  patent  and  dower  right  cut  off,  408. 
not  acquired  by  clandestine  entry,  23. 
trespass,  23. 

of  locator,  26. 

perfected  by  patent,  404. 

permitted,  692. 

protected  against  intruders,  120. 
to,  790. 

as  statutory  grant,  26. 

depends  on  discovery,  64. 

in  Alaska,  874. 

not  acquired  by  town-site  entry,  1378. 

not  acquired  under  town-site  law,  1363. 

operates  by  relation,  398. 


1636 


INDEX. 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
title  sepai'ate  and  distinct  from  town-site  patent,  1360 
town  lots  subject  to  possession  of,  1359. 
town-site  entry,  1367. 

does  not  include,  1367. 
patent  can  not  include,  702, 

for  part  abandoned,  1373. 
titles  in  Alaska  subject  to,  1378. 
transfer,  32. 

and  riglit  to  patent,  329. 
by  alien  to  citizen,  30. 

of  possession  not  within  statute  of  frauds,  125. 

to  alien  not  an  abandonment,  101. 
unauthorized  person,  56. 
traveling  expenses  as  annual  labor,  242. 
trespass,  160. 

triangular  form  not  authorized,  60,  85. 

gives  no  extralateral  rights,  145. 

location,  60. 
trustee  may  not  relocate  for  himself,  271. 
tunnel  construction  not  assessment  work,  248. 
locations,  167,  705. 

owner  must  make,  after  discovery  of  vein,  174. 
rights,  166. 

underground  rights  based  on  position  of  apex,  137. 

under  Philippine  Island  mining  act,  1054. 

uniform  date  for  commencement  of  annual  labor,  284. 

period  for  beginning  assessment  work,  284. 
unpatented,  held  subject  to  prior  rights,  592. 

placer  location,  516. 
unreasonable  excessive  area  not  notice,  91. 
use  for  mining  purposes  only,  290. 
of,  after  patent,  116. 

for  mining  purposes  not  limited,  1360. 
surface,  57. 

within  forest  reservation,  1168. 
town  site,  1360. 
validated  by  subsequent  discovery,  71. 
validity  and  rights  in  overlapping  location,  158. 

depends  on  compliance  with  existing  statutes,  684. 
determined  by  mining  statutes,  35. 
implied  from  entry,  397. 
of,  462. 

determined  in  adverse  suit,  464. 
in  adverse  proceedings,  464. 
junior  location,  158. 

where  senior  is  void,  90. 
location  on  line  of  tunnel,  168. 
on  Indian  lands,  976. 

line  of  tunnel,  167,  174. 
triangular  location,  60. 
within  Indian  reservation,  998. 
reservation,  1227. 
when  made  in  form  of  octagon,  62. 
valid  location  arises  from  long  possession,  125. 

without  notice  posted  upon,  197. 
valuable  deposits  subject  to,  9, 10, 12,  25,  35. 
value  established  by  development,  345. 
vein  and  lode  synonymous,  107. 
as  point  of  measurement,  60. 
located  by  defining  surface,  214. 
or  lode  as  principal  thing,  693. 
required  to  extend  to  end  lines,  148. 
subject  to  location,  648. 
veins  or  lodes  not  enterable  as  placer  claim,  96. 
vested  right  in,  93. 

as  against  withdrawal  order,  1390. 
protected,  686. 


INDEX. 


1637 


MINING  LOCATIONS  OR  CLAIMS— Continued, 
void  if  made  on  existing  locations,  465. 

location  not  valitlated  by  subsequent  discovery,  88. 
voluntary  absence  as  abandonment,  260. 
waiver  by  corporation  does  not  estop  officer,  438. 
watchman's  services  as  annual  labor,  242. 
water  rights  on  mining  location  in  Black  Hills,  1187. 
what  constitutes,  21,  180,  692. 

vein  or  lode,  107. 
when  validity  not  questioned  in  adverse  suit,  464. 
width  determined  by  miner's  rules,  696. 
limited,  62. 

not  dependent  on  character  of  surface,  63. 
of,  35,  696. 

as  compared  with  width  of  vein,  55. 

in  placer  location,  95. 

lode  claim  within  placer  limits,  568. 

within  placer  location,  331. 
vein  not  limited  under  original  act,  647. 
permitted  by  local  laws,  646. 
subject  to  local  regulations,  97. 
withdrawal  of  land  from  public  domain,  112. 
within  forest  reservation,  115. 
Indian  reservation,  998. 
limits  of  railroad  grant,  1101. 

not  suspended  by  classification,  1155. 
2,000  feet  of  Sutro  Tunnel,  1385. 
women  may  make,  27. 
written  conveyance  not  necessary,  125. 
zigzag,  59,  64. 
MINING  OPERATIONS. 

See  also  Mines,  Mining,  Mining  purposes.  Reduction  works,  Smelting. 

cutting  timber  for,  not  a  willful  trespass,  1327. 

reduction  works  as,  601,  1343. 

restrictions  as  to  use  of  timber  for,  1325. 

smelting  as,  1244, 1343. 

use  of  timber  for,  1325. 

limited  to,  1342, 
what  constitutes,  1244. 
MINING  PURPOSES. 

See  also  Cutting  timber.  Mining  operations.  Reduction  works.  Smelting,  Timber,  Timber  cutting  act. 

act  for  cutting  timber  for,  does  not  apply  to  coal  land,  1340. 

cutting  timber  for,  1333,  1334, 1342,  1351. 

not  limited  to  mineral  lands,  1340. 
limited  to  lands  in  actual  use  for,  1340. 

exclusive  enjoyment  is  for,  116. 

extent  of  use  of  timber  for,  1338. 

grant  of  right  of  way  for,  1193. 

mesquite  used  for,  1325. 

mill  site  used  for,  601,  602. 

permit  to  cut  timber  for,  1352. 

proof  to  justify  timber  cutting  for,  1346. 

removing  timber  for,  1342. 

rightof  way,  903,  1193. 

for,  in  Alaska,  862, 902,  1192. 

timber  cutting  for,  1335. 

in  mining  districts  permitted,  1338. 

use  of  location  limited  to,  116. 

value  of  timber  for,  1342. 
MINING  RECORDER. 

See  also  Alaska,  Fees,  Miners'  rules  and  regulations.  Mining  districts. 

delivery  of  records  to  legally  elected  recorder,  885. 

election  of,  in  mining  districts  in  Alaska,  885. 

records  made  public  in  mining  districts  in  Alaska,  885. 
MINING  STATUTES. 

See  also  Customs,  Miners'  rules  and  regulations.  State  regulations. 

acceptance  of  offer  to  sell  closes  contract  of  purchase,  22. 


1638 


INDEX. 


MINING  STATUTES— Continued. 

acknowledgment  of  existing  rights,  636. 
acquiescence  by  Congress  sanctions  construction,  178. 
actions  in  State  courts  not  regulated  by,  460. 
adjoining  lands  sold  subject  to  right  of  prior  locator,  654. 
adopted  for  protection  of  miners,  649. 
adverse  claimants  protected  by,  715. 

claims  provided  for,  370. 
agricultural  settlements  protected  by,  639. 
Alabama  rights  under  enabling  act  not  aflEected  by,  1250. 
all  forms  of  mineral  deposits  included,  689. 
allowance  for  placer  claims  on  mineral  lands,  672. 

amended  to  authorized  coal  locations  on  Alaskan  unsurveyed  lands,  888. 
amendment  to  inspection  act,  806. 
annual  labor  required,  697. 

on  association  placer,  247. " 
apex  of  vein  granted  with  other  mineral  deposits,  104. 
application,  35. 

and  construction  as  to  Alaska,  887. 

disposal  of  lead  mines,  1244. 

exceptions,  630. 
for  patents  on  surveyed  or  unsurveyed  land,  684. 
of  proceeds  of  sale  of  Indian  lands,  975. 

section  2328,  506. 
to  agricultural  claimants,  624. 

canals  and  ditches  subsequently  constructed,  622. 

coal  lands,  655. 

locations  after  1872,  150. 

lode  and  placer  claims,  178,  508,  650,  655. 

Michigan,  630. 

mineral  lands,  639. 

"mineral  lands  of  the  public  domain,"  1128. 

minerals  other  than  precious  metals,  1216. 

mines  in  foreign  countries,  178. 

Minnesota,  630. 

Pacific  Coast  States,  642. 

placer  claims,  508. 

salines  and  salt  springs,  1201, 1202. 

tide  lands,  1128. 

veins  and  lodes  discovered  in  tunnel,  165. 

placer  deposits,  557. 
Wisconsin,  630. 
apply  to  lode  and  placer  claims,  510. 
appropriation  of  water  in  nonnavigable  streams,  611. 
as  a  Congressional  grant  of  mineral  lands,  111. 
license  to  locate  mining  claim,  695. 
an  offer  to  give,  53. 

evidence  of  intention  to  reserve  salines,  1209. 
preemption  laws,  112. 
asphaltum  included,  8,  18,  20,  80,  518,  532,  689,  1046. 
authority  for  organizing  land  districts,  280. 

patenting  lode  claims,  698. 

and  mill  sites,  698. 
placer  claims,  698. 
over  navigable  streams  not  lost,  611. 
authorize  miners  to  follow  vein  on  its  dip,  147. 

make  regulations,  195,  210. 

not  in  conflict  with,  192. 

mining  districts,  193. 

patents  for  veins  or  lodes  and  surface  ground,  410, 

relocation  of  forfeited  claim,  263. 

sale  of  locator's  interest,  533. 

State  regulations  for  work  in  mines,  641. 

title  to  veins,  lodes,  and  mineral  lands,  682. 
change  of  common-law  rule  as  to  reservation  of  minerals,  103. 

policy  as  to  salines  and  salt  springs,  1211. 
classes  of  title  created  by,  408, 


INDEX. 


1639 


MINING  STATUTES— Continued. 

classification  act  refers  to  statutes  in  force,  1 152. 

coal-land  statutes  made  applicable  to  Alaskan  unsurveyed  lands,  888. 

sections  construed  together,  739. 
codification  of,  635,  072,  C84,  1093,  1275. 
codified  in  sections  of  Revised  Statutes,  1275. 
compliance  as  basis  of  title,  112. 

with  as  condition  for  patent,  306. 
immaterial  to  State,  314. 
in  obtaining  mineral  title,  404. 
conditions  precedent  to  entry,  392. 
conformation  of  water  right,  612. 
conflicting  claims  settled  by  courts,  432. 
consolidation  of  original  acts,  685. 
construed  by  Government  officers.  111. 

liberally  to  encourage  development  of  mining  claims,  645. 

prevent  forfeiture,  254. 
to  facilitate  the  sale  of  mineral  lands,  638. 
preserve  locator's  rights,  110. 
protect  miners  on  mining  claims,  36. 
mining  locations,  36. 
together,  95,  644,  834,  1210,  1354. 
with  liberality,  36. 
construction,  2,  25,  35,  178,  635,  684,  723. 

alone  will  not  give  Federal  jurisdiction,  621. 
and  application  of  section  2328,  506. 

to  lands  valuable  for  mineral,  1202. 
as  to  intersecting  veins  by  Arizona  courts,  132. 

California  courts,  132. 
Colorado  courts,  132. 
methods  of  development,  243. 
mineral  deposits  in  Indian  allotments,  1185. 
ownership  of  intersecting  vein,  586. 
performance  of  annual  labor,  234. 
requirement  of  labor  or  improvements,  241. 
right  of  exclusive  possession,  116, 
sale  of  lead  mine,  1041. 
not  limited  by  scientific  definitions,  36. 
of  placer  provisions,  517. 

settlers'  relief  act  as  to,  1217. 
tunnel  act,  165. 
sanctioned  by  acquiescence,  178. 
showing  policy  to  reserve  salines,  1272. 
contemplate  exploration  and  occupation  of  mineral  deposits,  13. 

locations  lengthwise  of  veins  on  surface,  138. 
contents  of  location  notice  when  record  required,  208. 
control  length  of  claim  on  vein,  138. 

quantity  in  placer  claim,  527. 
conveyance  of  mining  rights  under,  112. 
courts  of  competent  jurisdiction  not  designated  by,  454. 
customs  of  miners  prior  to  enactment,  635. 
date  of  application  to  miner,  630. 
declaratory  statement  not  required,  207. 
declare  what  shall  constitute  discovery,  68. 
deSne  mining  claim  in  adverse  suit  provisions,  465. 
deposits  of  marble  not  included,  81. 

description  of  cliam  as  to  natural  objects  or  monuments,  227. 

required  to  be  definite,  198. 
determining  sufficiency  of  discovery,  73. 
difficulties  as  to  application  of  extralateral rights,  135. 
directory  provisions  as  to  parallel  lines,  696. 
discovery  as  a  basis  of  title  under,  66. 
defined  by,  68. 

required  as  evidence  of  good  faith,  64. 
shaft  not  provided  for,  70. 
disposal  of  mineral  lands  by,  685. 

changed  by  gold  discovery,  639. 


1640 


INDEX. 


MINING  STATUTES— Continued. 

distinction  between  agricultural  and  mineral  lands  not  abolished  by,  625, 639, 
effect,  672. 

as  to  mineral  lands,  638. 

of  practice  and  construction  by  public  officers,  111. 
reference  to  local  custom  and  rules,  642. 
embrace  all  valuable  mineral  deposits,  17. 

metallic  and  nonmetallic  mineral,  80. 
encouragement  offered  to  develop  mineral  resources,  638. 
end  lines  intended  to  cut  vein,  145. 

required  to  be  parallel,  150. 
entire  placer  acreage  not  acquired  by  one  discovery,  513. 
entry  and  patent  entry  of  mining  claims  provided  for,  685. 
except  veins  known  to  exist  within  placer  limits,  558. 
exception  of  special  minerals,  723. 
existing  mining  rights  not  impaired  by,  628. 

protected  by,  686. 
provisions  perpetuated,  673. 
exploration  subject  to  miners'  regulations,  640. 
extended  to  Alaska,  618,  782,  871,  872,  873,  874,  886, 887. 
ceded  Colville  Reservation,  968, 969. 
Indian  lands,  1025,  1186. 

allotted  lands,  1186. 
lands  ceded  by  Indians,  999, 1000. 
saline  lands  and  salt  deposits,  1214. 
San  Carlos  Indian  Reservation,  1000 
extend  privilege  of  exploration  and  occupation,  13 
extent  and  purpose  of  grant  of  water  rights,  656. 

of  procedure  in  actions  on  adverse  claims,  430. 
repeals,  687. 
extralateral  rights  granted  by,  699. 

not  enlarged  beyond  those  given  by  customs,  652. 
imder  miners'  rules  not  interfered  with,  651. 
faflure  to  comply  with,  no  ground  for  forfeiture,  653. 

follow  subjects  claim  to  relocation,  266. 
first  enactments,  635. 

for  conveyance  of  mines  and  minerals,  638. 
placer  statute,  672. 
fix  no  amount  to  be  expended  in  making  discovery,  74. 
force  in  Alaska  as  to  water  rights,  618. 
form  of  action  in  adverse  suits  not  regulated  by,  497. 

on  adverse  claim  not  prescribed,  453,  459. 
foimdation  of  system  of  mining  laws,  685. 
framed  for  the  protection  of  miners,  36. 
general  license  to  explore  and  mine,  640. 
generally  prescribe  shape  of  location,  60. 
give  locator  the  vein  when  he  has  apex,  127. 

right  of  possession  without  purchase,  188. 
grant  by,  limited  by  planes  of  end  liaes,  119. 

from  United  States  to  surface  and  veins,  120. 
of  all  veins  or  lodes  apexiag  within  surface  bovmdaries,  693. 
apex,  104. 

extralateral  rights,  24,  119,  134,  652,  702. 

on  all  veins,  140. 
minerals  with  legal  title  in  United  States,  114, 115. 

paramount  title  in  United  States,  114. 
mining  location  made  subject  to  miners'  rules,  643. 
mining  rights,  113. 

possession  on  performance  of  condition,  115. 

property  rights.  111. 

right  to  follow  vein,  113. 

right  of  way  for  canals  and  ditches,  612, 659. 

to  explore  for  minerals,  640. 
surface  and  veins,  119,  646. 

inseparable,  119. 

tunnel  rights,  166. 
veins  and  claims,  104, 


INDEX. 


1641 


MINING  STATUTES— Continued, 
grant  veins  to  tunnel  locator,  1()5. 

with  cxtralateral  rights,  140. 
water  rights,  610. 
o^vne^  right  to  follow  vein  on  its  dip,  140. 
right  of  location  on  public  mineral  land,  184. 
possession  without  title,  184. 
to  follow  vein  into  placer  claim,  154. 
heirs  to  inherit,  126. 
title  to  surface  and  vein,  119 
to  locator  right  to  surface  and  right  to  purchase,  21. 
granting  force  of  section  2322, 104. 
guano  act  constitutional,  858. 

harmonize  with  town-site  law  as  to  surface  riglits,  1360. 
harmony  of  provisions  as  to  intersecting  veins,  586. 
hearing  to  determine  compliance  with,  294, 
impose  no  conditions  as  to  extent  of  ore,  74. 

value  of  discovery,  74. 

improved  system,  684. 
include  black  iron,  80. 

calcium  phosphate,  80. 

ciimabar,  80. 
incorporated  in  revised  statutes,  684. 
Indian  lands  not  disposed  of  under,  after  cession,  964. 

reservation  not  subject  to,  968. 
instances  of  valid  State  regulations,  191. 
intended  to  insure  extraction  of  mineral  deposits,  1329. 
intent  as  to  form  and  extent  of  end  lines,  147. 

position  of  vein,  59. 
intention  of  requirement  for  marking  location,  216. 
jurisdiction  of  actions  on  adverse  claims  not  created  by,  453. 
lands  entered  under  in  Alaska  not  included  in  restriction,  1378. 
laws  in  force  referred  to  by  subsequent  enactment,  1152. 
legislation  in  reference  to  adverse  claims,  430. 
legislative  sanction  to  customs  and  laws,  642. 
liberal  construction  as  to  labor  or  improvement  requirement,  241. 
by  courts,  638. 

in  description  of  mining  claim,  229. 
liberally  construed,  684. 
lien  holders  protected  by,  550. 

limit  extralateral  rights  of  vein  between  end  lines,  146. 
limitation  on  existing  rights,  688. 
limiting  extent  of  lode  claims,  647. 

local  rules  must  not  decrease  minimum  annual  labor,  239. 
location  and  sale  of  all  lands  governed  by,  1043. 
locations  crosswise  of  veins  not  permitted,  138. 

under  original  act  and  patent  under  later  act.  667. 
locator  given  exclusive  right  of  possession  of  surface,  644. 
locator's  rights  under,  subject  to  extralateral  rights,  136. 
make  abandoned  ground  revert  to  United  States,  262. 

end  of  location  bounded  by  vertical  planes,  141. 
recording  mining  locations  subject  to  State  laws,  191. 
mandatory  as  to  affidavit  and  posting  of  notice,  582. 

width  of  claim  on  each  side  of  vein,  60,  63. 
requirements,  178. 
marking  on  ground,  213. 
metalliferous  deposits  included,  80. 
method  of  making  annual  expenditures,  243. 

marking  location  not  stated,  220. 
obtaining  title  provided,  647. 
mineral  deposits  opened  by,  685. 

lands  acquired  imder,  104. 
disposed  of  under,  12. 

though  possessing  other  advantages,  1328. 
open  to  exploration  and  purchase,  692. 
reserved  from  sale,  638. 
monuments  required,  231. 
56974°— Bull.  94,  pt  2—15  52 


1642 


INDEX. 


MINING  STATUTES— Continued, 
minerals  appropriated  prior  to,  635. 
millers'  regulations  in  conflict  not  permitted,  901. 

recognized  and  sanctioned,  643. 
rights  protected,  636. 

recognized,  636. 
rules  and  regulations  permitted,  192. 
mining  locations  made  in  compliance  with,  36. 

of  Government  lands  authorized  by,  635. 
rights  determined  by,  139. 
modification  of  common-law  rule  as  to  extralateral  rights,  103. 

requirement  as  to  location  on  surveyed  lands,  541. 
nature  and  effect  as  preemption  laws,  638. 

as  to  mineral  lands,  638. 
new  era  in  history  of  mining  enterprise,  639. 
j  urisdiction  not  conferred,  669. 
method  of  disposal  of  mineral  lands,  637. 
requirements  not  to  defeat  vested  rights,  103. 
rights  not  created  by,  636. 
system,  642. 

no  amount  of  aimual  labor  fixed  by  original  act,  653. 
conflict  in  provisions,  112. 
construction  where  location  is  irregular,  110. 
interference  with  miners'  rules,  190. 

State  laws,  190. 
provision  as  to  method  of  proof  of  notice,  370. 
for  disposal  of  stone  lands,  1313. 
patent  for  water  rights,  621. 
repugnance  as  to  ownership  of  intersecting  veins,  132. 
nonmetalliferous  minerals  included,  80,  723. 

not  construed  to  defeat  location  because  of  error  in  description,  226, 

drawn  hy  geologists,  36. 

enacted  in  the  interest  of  science,  36. 

intended  to  deprive  locators  of  existing  rights,  102. 

operative  within  Indian  reservation,  998. 
notice  of  location  not  required  to  be  posted,  197. 

recorded,  197. 

objects,  36. 

in  granting  water  rights,  656. 

to  dispose  of  mineral  lands  for  money  value,  639. 
protect  locator  in  exclusive  possession,  112. 
occupancy  of  mineral  lands  made  subject  to  local  laws,  640. 
offer  to  sell  public  mineral  lands,  22. 
onyx  as  mineral,  81. 

organization  of  mining  districts  permitted,  193. 
orginal  act  continued  in  force,  685. 

fixed  no  amount  of  work  for  holding  claim,  653. 
repealed  as  to  manner  of  locating  claim,  646. 
origin  of  extralateral  rights,  134. 
paramount  to  customs,  local  laws,  and  rules,  642. 
patent  includes  all  rights  granted  by,  161. 
performance  of  annual  labor  as  evidence  of  good  faith,  235. 
permit  miners'  rules  to  increase  expenditures,  194. 

person  to  dig  and  take  ore  in  public  lands,  36. 
State  regulations  not  in  conflict  with,  163, 190. 
States  to  fix  reasonable  time  for  marking,  218. 
subsurface  entry  into  mining  location,  103. 
placer  laws  amended  as  to  known  lodes,  673. 

perpetuated,  673. 
policy  changed,  639. 

in  harmony  with  local  customs  and  law,  639. 
of  Government  to  reserve  salines,  1206. 
reserving  mineral  lands  change,  639. 
possession  of  mineral  lands  authorized  by,  36. 
possessory  rights  secured  by  patent,  644. 
posting  notice  on  claim  not  required,  197. 
power  of  Congress  to  impose  conditions,  178. 


INDEX. 


MINING  STATUTES— Continued. 

power  over  nonnavigable  streams  superior  to  State  laws,  617. 
prescribe  minimum  amoimt  of  annual  labor,  237. 

terms  for  purchase  or  possession  of  claim,  188. 
preserved  to  locator  vested  rights,  118. 
presumption  as  to  compliance  with,  313. 
prior  acts  continued  in  force  by,  685. 
procedure  for  obtaining  patent,  311. 
proclamation  to  extend  to  Colville  Reservation,  969. 
proof  of  compliance  on  application  for  patent,  303. 
protect  interests  of  adverse  claimants,  715. 

locations  made  in  accordance  with  miners'  rules,  97. 

possessory  rights  if  valid  under  miners'  rules,  644. 

prior  locations,  118. 

rights  or  interest  in  mining  property,  184. 
title  of  relocator,  271. 
protection  of  relocation  provisions,  270. 

water  rights  acquiied  under  local  customs,  617. 
provide  for  acquisition  of  mill  site,  494. 
adverse  claim,  441. 
disposal  of  mineral  lands,  291. 

veins  and  placer  deposits,  13. 
exclusive  right  of  possession,  185. 
issuance  of  patent,  401. 
judicial  proceedings  to  settle  contests,  430. 
location,  entry,  and  purchase  of  mining  claim,  36. 

of  vein  with  surface  ground,  104. 
procedure  on  adverse  claims,  441. 
sale  of  lands  for  mill  sites,  593. 
settlement  of  adverse  claims,  373. 
suit  on  adverse  claim,  448. 
methods  for  obtaining  legal  title,  189. 

of  asserting  rights,  184. 
no  place  for  record  of  notice,  213. 
uniform  period  for  beginning  assessment  work,  284. 
provisions  as  to  armual  labor  mandatory,  234. 

contents  when  record  is  required,  211. 
end  lines,  650  ,  651. 

labor  and  improvements  mandatory,  344. 

location  notice  left  to  local  laws,  197. 

marking  location  apply  to  placer  claims,  215,  216. 

can  not  be  disregarded,  215. 
mineral  monuments,  231. 
notice  of  location,  196,  358. 

performance  of  annual  labor  not  retrospective,  240, 
placer  mandatory,  507. 
reference  to  monuments,  227. 
do  not  extend  to  mineral,  salines,  or  school  lands,  1207, 
for  acquiring  title,  638, 

commencing  suit  mandatory,  449. 

coowner  acquiring  title  of  others,  272. 

cross  or  intersecting  vein,  588. 

defending  rights,  437. 

disposal  of  mineral  lands,  685,  1080. 

extinguishing  interest  of  coowner,  274. 

locating  placer  claims  on  unsurveyed  lands,  544. 

working,  and  holding  mining  claim,  654. 
marking  boundaries  mandatory,  215. 

unalTected  by  other  provisions,  178. 
placer  and  lode  claims  within  same  boundary,  556. 
recorders  in  mining  district,  210. 
settling  adverse  claims,  431. 
not  modified  by  courts,  25. 
requiring  discovery  are  mandatory,  64. 

to  prevent  fraud,  64. 
title  to  mineral  lands,  638. 
similar  to  Spanish  and  Mexican  surveys,  849. 


1644 


INDEX. 


MINING  STATUTES— Continued. 

publication  authorized  against  delinquent  coowner,  275. 
public  policy  to  encourage  mining,  102. 
purpose,  102,  672. 

as  to  placer  claim,  556. 
of  placer  claim  statute,  706. 
requiring  annual  labor,  234. 

boundaries  to  be  marked,  213. 
coowner  to  contribute,  274. 
marking  of  location,  216. 
reference  to  natural  objects,  213. 
to  encourage  mining,  102. 
grant  surface  and  apex,  112. 
have  conflicting  claims  adjusted,  430. 
limit  dimensions  of  location,  60. 
permit  locator  to  secure  vein,  147. 
prevent  occupation  of  lands  not  mineral,  64. 
reward  discoverer  of  mineral,  64. 
secure  definite  descriptions  of  mining  claim,  226. 
qualifications  of  locators  fixed  by,  665. 
recognize  force  of  miners'  rules,  162. 

lands  as  agricultural  and  mineral,  625. 
possessory  rights,  113. 

State  authority  in  regulating  mining  locations,  163. 
recognition  of  right  to  explore  for  minerals,  640. 
record  of  claim  not  authorized  by,  195. 
location  not  required,  208. 
placer  claim  not  required,  515. 
records  and  recorders  not  required  by,  210. 
reference  to  statutes  in  force  at  time  of  act,  1152. 
regulate  form  of  judgment  in  adverse  suit,  497. 
regulations  as  to  ends  of  location,  141. 

locating,  recording,  and  marking  boundaries,  179. 
relation  to  placer  locations,  671. 
relinquishment  of  royalties  on  minerals,  637. 
relocation  not  permitted  when  assessment  work  is  suspended,  287. 
remedy  against  delinquent  coowner,  273. 
repealing  effect,  687. 
repeal  not  to  affect  existing  rights,  685. 
require  claimant  to  settle  controversies  in  court,  433. 

end  lines  to  be  parallel,  149. 
requirements  as  to  amount  of  labor  or  improvements,  236. 

contents  of  recorded  notice,  210,  211,  214. 
marking  location  on  ground,  214. 
proof  of  annual  labor,  252. 

reference  to  natural  object  or  permanent  monument,  2307 
requiring  expenditures  as  evidence  of  good  faith,  344. 
reservation  of  mineral  lands,  638. 
retroactive  effect  not  given,  687. 
revision  of  prior  acts,  685. 

right  of  exclusive  possession  and  enjoyment  given,  702. 
to  explore  given,  640. 

purchase  mining  claim  given,  653. 
rights  limited,  688. 

of  Alabama  not  limited  by,  1249. 
miners  protected,  636. 
recognized,  636. 
on  substantial  compliance  with,  854. 
protected,  686. 
rock  salt  locatabJe  under,  1214. 
rules  for  recognizing  local  mining  rights,  635. 
sale  of  restored  Indian  lands  under,  975,  976. 
satisfied  with  sufficiency  of  discovery,  75. 
scope  o  f  section  2328 ,506. 
sections  construed  together,  178,  610. 
of  original  act  repealed,  687. 


INDEX. 


1645 


MINING  STATUTES-Continuod. 
similarity  to  miners'  customs,  (US. 
special  acts  construed  with  general  minin};  sections,  834. 
specific  provisions  for  disposal  of  mineral  lands  control  general,  998. 
State  may  pass  acts  supplementing,  191. 
regulations  not  in  conflict  with,  191. 
rules  for  work  in  mines  permitted,  608. 
statutes  as  supplemental,  96. 
/        supplemental  to  local  laws  and  rules,  178. 
system  and  basis,  1. 

for  disposal  of  mineral  lands,  637,  640. 
title  granted  not  affected  by  other  provisions,  112. 
treat  of  veins  and  lodes  having  apexes  within  surface  lines,  127. 
tunnel  act,  construction  of  particular  terms,  165. 
grant  of  veins  and  lodes,  169. 

as  against  surface  location,  170. 
on  line  of  tunnel,  170. 
intended  to  encourage  mining,  165. 
no  right  of  way  granted  through  surface  location,  171. 
rights  granted  by,  167. 

discoverer  of  vein  in  169. 
vein  and  lode  used  according  to  miners'  meaning,  649. 

located  by  defining  surface,  214. 
verification  of  declaratory  statement  not  required,  197. 
water  rights  acquired  under  miners'  rules  not  enlarged  by,  657- 
granted  by,  656. 
recognized  and  protected,  616. 
word  forfeiture  not  used  in,  254. 
MINING  TITLE. 

See  also  Mining  locations,  Possesory  title.  Title, 
action  for  or  for  damages  to,  831. 
paramount  title  of  United  States,  1089. 
possessory  action  for,  1089. 
recovery  of,  1089. 
MINNESOTA. 

application  of  mineral  laws,  630. 
grant  of  salt  springs  limited  to  twelve,  1266. 
lands  containing  coal  and  iron  subject  to  sale,  1093. 
mineral  lands  excepted  from  grant  to,  1093. 

navigation  grant,  1278. 

purchase  of  coal  lands,  1093. 

iron  lands,  1093. 
salines  granted  to,  1266. 
salt  springs  excepted  from  grant  to,  1266. 

excluded  from  grant  where  private  rights  are  vested,  1266. 
granted  to,  1266. 
MISSION  INDIAN  COMMISSION. 

authority  to  make  selections  of  land,  966. 
mineral  lands  not  subject  to  selection  by,  966. 
MISSISSIPPI. 

mineral  lands  excepted  in  homestead  act,  1090. 
MISSOURI. 

disposal  of  lead  mines  in,  1040. 

salt  springs  in,  1040. 
lead  mines  reserved  in,  1041. 

mineral  deposits  in,  excepted  from  mining  statutes,  723. 

lands  excepted  from  railroad  grant,  1140. 
railroad  grant  to,  1140. 
salines  granted  to,  1251, 1252. 

salt  springs  excluded  where  private  rights  are  vested,  1251. 
granted  to,  1251, 1252. 
limited,  1252. 

State  grant  saves  salt  springs  claimed  under  French  treaty,  1251. 
MONOPOLY. 

See  also  Coal  lands.  Combination,  Conspiracy, 
coal  lands  in  Alaska  not  permitted,  888,  892. 


1646 


INDEX. 


MONTANA. 

abandoned  reservations  in,  1179. 

acceptance  of  cession  of  Glacier  National  Park,  1183. 

appropriation  for  classification  of  mineral  lands,  1156, 1157. 

classification  ofrailyoad  lands  within,  1152. 

coal,  iron  and  stone  lands  excluded  from  railroad  grant,  1126. 

disposal  of  coal  lands  in  abandoned  reservations,  1179. 

mineral  lands  in  abandoned  reservations,  1179. 
effeqt  where  school  lands  are  mineral,  1289. 
grant  of  school  lands,  1289. 

lieu  lands  granted  in  place  of  mineral  lands,  1288. 
mineral  lands  excepted  from  State  grant,  1288. 
practice  in  action  on  adverse  claims,  460. 

residents  may  cut  timber  on  mining  land  for  certain  purposes,  1339. 
selection  of  lieu  lands  for  school  purposes,  1288,  1289. 
statute  as  to  aliens  holding  mining  claim,  675. 
area  and  placer  claim,  674. 
sufficiency  of  declaratory  statement,  227. 
forfeiting  aliens  title  invalid,  712. 
for  recovery  of  placer  claims,  672. 
giving  time  for  swinging  claim,  233. 

to  complete  location,  191. 
makes  possessory  title  real  estate,  701. 
regulating  action  on  adverse  claim,  452. 
statutes  regulating  mining  locations,  191. 
time  grant  of  school  lands  takes  effect,  1289. 
MONUMENTS. 

See  also  Description,  Mining  locations,  Mineral  surveyor,  Natural  objects.  Patent,  Stakes,  Survey, 

Surveyor  general, 
amended  survey,  342. 
control  courses  or  distances,  206,  443,  504. 

in  cases  of  conflict,  505. 

descriptions,  504,  505. 

discrepancies  in  description,  231. 

field  notes  in  descriptions,  342. 
courses  and  distances  give  away  to,  231. 
description  of  coal  locations  in  Alaska,  886. 
discovery  cut  as,  231. 
duty  of  surveyor  general,  337. 
effect  of  obliteration,  92. 
error  in  survey,  342. 

govern  survey  on  which  patent  is  based,  504,  505. 
•  highest  authority  as  to  lands  patented,  504,  505. 
in  describing  placer  location,  526. 
description  of  mining  claim,  177. 
survey  of  mining  claim,  340. 
Insufficient  reference  to,  in  description,  228. 
jurisdiction  of  surveyor  general,  337. 
kinds  of,  229. 

as  permanent,  229. 
liberal  construction  of  provision  as  to,  229. 
location  of,  231. 
mineral,  231. 

requirement  as  to,  231. 
mining  claims  as,  230. 
natural  objects  as,  201. 
not  required  to  be  on  ground  located,  231. 
obliteration  and  effect,  225. 
permanent,  212,  228. 

required  to  secure  definite  descriptions,  226. 
provision  of  statute  of  New  Mexico  as  to,  229. 
question  of  fact,  228. 
reference  required  in  record,  209. 

to,  in  certificate  of  location,  200,  201. 
description,  227. 
record  of  notice,  209. 
required  as  initial  point,  226. 
surveyor  general's  duty,  337. 

jurisdiction^  337. 


INDEX. 


1647 


MONUMENTS— Continued. 

use  as  reference  in  description  of  claim,  227. 

in  description  in  patent  proceedings,  340. 
what  are  permanent,  212. 
constitute,  228,  229. 
MORTGAGE. 

mining  location  by  locator,  56. 

may  be,  123. 
MUNICIPAL  CORPORATION. 

intervention  to  protect  public  property,  386. 

without  adverse  claim,  386. 
right  to  intervene,  502. 
MUNICIPAL  GRANT. 

See  also  Cemeteries,  Park  grants,  State  grants, 
cemetery  grants  to  Colorado  cities,  1306. 
coal,  oil,  and  minerals  reserved  from,  1306. 
grants  for  parks,  1307. 

grant  to  Trinidad  for  water  storage,  subject  to  mining  rights,  1306. 
mineral  lands  excluded  from,  631. 
minerals  excepted,  1305. 

reserved  from  grants  for  parks,  1307. 

to  Trinidad  for  water  storage,  1306. 

oil  excepted,  1305. 

N. 

NATURALIZATION. 

See  also  Citizenship,  Qualifications,  Relation. 

affidavit  as  substitute  for  record  of,  99. 

as  a  confirmation  of  title,  101. 

waiver  of  liability  to  forfeiture,  101. 

proof  of,  by  record,  100. 

retroactive  effect  of,  101. 
NATURAL  OBJECTS. 

See  also  Description,  Mineral  monuments.  Mining  locations,  Monuments,  Survey. 

as  permanent  monument,  201. 

insufficient  reference  to,  in  description,  228. 

kinds  of,  229. 

liberal  construction  of  provision  as  to,  229. 

location  notice  insufficient  without  reference  to,  201. 

not  required  to  be  on  ground  located,  231. 

provision  of  statute  of  New  Mexico  as  to,  229. 

purpose  to  secure  definite  description,  226. 

question  of  fact,  228. 

reference  to,  in  location  notice,  201. 

record  of  notice,  209. 
use  as  reference  in  description  of  claim,  227. 
what  constitute,  229. 
NAVASSA. 

jurisdiction  of  United  States  extends  to,  for  guano  mining,  858. 
NAVIGABLE  WATERS. 

See  also  Debris  deposits,  Hydraulic  mining.  Streams. 

depositing  mining  refuse  in,  prohibited,  941,  944. 
NAVIGATION. 

See  also  Debris  deposits.  Hydraulic  mining. 

obstruction  by  deposit  of  mining  debris  prohibited,  942. 
NAVY. 

coal  testing  for,  825. 

United  States  has  right  to  purchase  coal  in  Alaska  for  use  of,  891. 
NEBRASKA. 

application  of  statute  as  to  salines,  1202. 

eflect  of  enabling  act  on  salines  and  salt  springs,  1272,  1273. 

vested  rights  in  salt  springs,  1272. 
salines  excepted  from,  1207,  1208. 
granted  to,  1273. 
reserved  from  grant  to,  1272. 
salt  springs  excepted,  1208. 

excluded  from  grant  where  private  rights  are  vested,  1273. 
granted  to,  1273. 
limited  to  twelve,  1272. 


1648 


INDEX. 


NEBRASKA— Continued. 

selection  of  salines  satisfies  grant,  1273. 

vested  rights  in  salt  springs  protected,  1273. 
NEVADA. 

action  under  statute  of,  to  maintain  possessory  right,  311. 
admission  by,  as  to  exclusion  of  mineral  lands,  1286. 
disposal  of  mineral  lands  in,  1271. 

school  sections  when  mineral  in  character,  1271. 
effect  of  acceptance  of  public  grant,  656,  1276. 
estopped  from  claiming  title  to  mines,  1276. 
grant  of  lands  in  lieu  of  school  section,  1286. 

lieu  lands  not  to  include  mineral  lands,  1286. 
knowledge  of  mineral  wealth,  1271, 
lieu  lands  not  to  include  mineral  lands,  1286. 
mineral  lands  excepted  from  college  grant,  1276,  1277. 

grant  to,  1271,  1274. 
railroad  grants,  1274. 
State  grant,  1274. 
not  selectable  as  lieu  lands,  1286. 
reserved  from  sale  in,  1275. 
mining  claims  reserved  from  college  grant,  1277. 
practice  in  action  on  adverse  claim,  460,  476. 

residents  may  cut  timber  on  mining  land  for  certain  purposes,  1339. 
sale  of  State  lands  subject  to  mineral  reservation,  1286. 
saline  statute  not  applicable  to,  1212 

school  lands  accepted  with  conditions  and  reservations,  656. 
State  can  not  authorize  appropriation  of  water  in  Sutro  Tunnel,  1387. 
NEW  MEXICO. 

California  survey  act  has  no  reference  to  mineral  land  in,  1259. 
duty  of  surveyor  general  as  to  mineral  lands  in,  1208. 
enabling  act,  1301. 
grant  of  salines,  1298. 

lands  granted  for  school  purposes  in  lieu  of  mineral  land,  1297. 
minerals  excepted  from  grant  to  State,  1296,  1301. 

reserved  from  school  sections  granted  to,  1297. 
policy  of  Government  to  reserve  minerals,  1297. 
relief  of  settlers  on  railroad  lands,  1231. 

residents  may  cut  timber  on  mining  land  for  certain  purposes,  1339. 
salines  excepted  from  grant  to,  1205,  1301,  1302. 
granted  to,  1298. 

State  selection  can  not  include  gypsum  with  chloride  of  sodium,  1298. 

statute  as  to  reference  to  natural  objects  in  descriptions,  229. 

statutes  regulating  mining  locations,  192. 
NEWSPAPER. 

See  also  Land  Department,  Notice,  Publication,  Register. 

computation  of  time  for  publication,  713. 

designation  of,  by  register,  289,  713. 

discretion  of  register  ia  designating,  713. 

distance  in  contemplation  as  to  nearest,  362. 

effect  where  several  are  equidistant  from  claim,  713. 

insertions  in  daily,  714. 

weekly,  714. 

nearest  to  mining  claim,  289,  362. 

when  several  published  in  some  town,  362. 

publication  all  in  one  paper,  714. 

in  nearest,  to  mining  claim,  306,  713. 
of  notice,  289. 

sixty-day  period,  '714. 
NITRATE. 

reservation  and  location,  1051, 1052. 
NITRATE  OF  SODA. 

lands  containing,  as  mineral  lands,  689. 
NONCONTIGUOUS  CLAIMS. 

See  also  Coal  locations.  Group  claims,  Mill  site. 

application  to  mill  site,  596. 

entry  of,  395. 

improvements  not  apportioned  to,  352. 


INDEX. 


1649 


NONCONTIGUOUS  CLAIMS— Continued, 
mill  site  and  mining  claims,  59(5. 
as,  59G. 

of  coal  lands  not  subject  to  entry,  729. 

parts  of  severed  claim,  405,  409. 

patent  for,  409. 

part  of  severed  claim,  405,  409. 
NONMETALIFEROUS  SUBSTANCES. 

application  for  patent,  332. 

included  in  mining  statutes,  80. 
NONMINERAL  LANDS. 

patent  for  surface  reserving  coal  deposits,  812. 
NORTH  DAKOTA. 

effect  where  school  lands  are  mineral,  1289. 

grant  of  school  lands,  1289.  ^ 
lieu  lands  granted  in  place  of  mineral  lands,  1288. 
mineral  lands  excepted  from  State  grant,  1288. 
selection  of  lieu  lands  after  school  selections,  1289. 

for  school  purposes,  1288. 
time  grant  of  school  lands  takes  effect,  1289. 
NORTHERN  PACIFIC  RAILROAD  CO. 

See  also  Classification,  Coal  lands.  Lands  valuable  for  mineral,  Mining  locations,  Railroad  grants, 
Stone  lands. 

building  stone  and  granite  quarries  excepted,  1116. 

claims  excepted  from  grant,  1116. 

classification  of  lands  witliin  Idaho  and  Montana,  1152. 

mineral  lands,  1148. 
coal  and  iron  lands  not  excluded  from  grant,  1115. 

lands  not  selectable  in  lieu  of  mineral  lands,  1120. 
commission  to  classify  land  of,  1152. 

completion  of  classification  of  mineral  lands  in  Idaho  and  Montana,  1158. 
grant  of  coal  and  iron  not  affected  by  other  acts,  1115. 
lands  valuable  for  fire  clay  excepted  from,  grant,  1116. 

granite  quarries  excepted,  1116. 
sandstone  excepted,  1116. 
location  of  mining  claims  on  lands  within  grant,  1116. 
mineral  lands  excepted  from  grant  to,  1114, 1115. 

excluded  from  original  grant  to,  1274. 

not  limited  to  metaliferous  minerals  only,  1115. 
mining  claims  excepted  from  grant  to,  1109, 1116. 

rights  initiated  after  grant  to,  1116. 
nonmineral  lands  only  included,  1114. 
patent  to  mineral  lands  void,  1127. 
preemption  right  excepted  from  grant,  1109. 
privilege  of  exploring  for  mineral  land  excepted  from  grant,  1109. 
relinquishment  and  selection  of  lieu  lands,  1180. 
reservations  in  contemplation  of  future  legislation,  1114. 
right  of  Government  as  to  mineral  lands  within  limits  of  grant,  1121. 
stone  lands  excepted  from  grant  to,  1314,  1332. 
words  omitted  from  original  grant,  1113. 
NOTARY  PUBLIC. 

See  also  Affidavit,  Oath,  Verification. 

incompetent  to  administer  oaths  in  support  of  coal  claims,  763. 
perjury  not  predicated  on  coal  affidavit  made  before,  763. 
NOTICE. 

See  also  Adverse  claims,  Coowners,  Judicial  notice,  Land  Department,  Location  notice.  Mining  loca- 
tion, Newspaper,  Publication, 
adverse  claim  as,  441. 

claimants  charged  with,  357. 
after  filing  adverse  claim,  429. 
aid  in  determining  situs  of  monuments,  198. 
all  published  in  one  paper,  713. 
amendment  not  intended  to  cure  defect,  505. 

of,  as  to  miner's  lien  in  Alaska,  881. 
application  for  patent,  289,  301,  356,  665,  713. 

for  mill  site,  598. 
to  purchase  stone  lands,  1318,  1319. 


1650 


INDEX. 


NOTICE— Continued. 

as  marking  location,  197. 

by  coowner  must  be  to  heirs  and  not  administrator,  275. 
coal  location,  770,  784. 

in  Alaska,  886,  890. 
computation  of  time  for  publication,  713. 
conspicuous  places— instances,  359. 

meaning,  359. 
contents  and  sufficiency,  200,  358. 

of,  for  coal  locations  in  Alaska,  886. 
to  coowner,  275. 
required,  197. 
copy  filed  with,  application  for  patent,  306. 
defective,  will  not  affect  homestead  entry,  845. 
description  of  mining  claim  must  be  definite,  198. 
effect  of  actual  want  of,  666. 

error  of  register,  361. 
posting  only,  197. 
when  signed  by  receiver,  361, 
entry  as,  700. 
essential  parts,  366. 
failure  to  give,  368. 

for  coal  location,  770. 
fee  for  filing  miner's  notice  for  lien  in  Alaska,  881. 
indexing  in  Alaska,  881. 
recording  in  Alaska,  881. 
filing  as  evidence  of  intention  to  hold  claim,  286. 
for  record  in  Alaska,  899,  900. 
of  adverse  claim,  434. 

by  laborer  claiming  lien  on  mine  in  Alaska,  880. 
miner  claiming  lien  in  Alaska,  880. 
in  Alaska,  880. 
for  coal  locations,  784. 
form  and  sufficiency  of  coal  locations  in  Alaska,  886. 
effect  of  errors,  368. 
insufficiency  in,  368. 
sufficiency  in,  365. 

of  for  lien  of  laborer  on  mining  claim  in  Alaska,  880. 
miner's  lien  in  Alaska,  880. 
general  requirements  as  to  posting,  358. 
hearing  to  determine  validity  of,  294. 
instances  of  conspicuous  place,  359. 
intention  to  hold  claim,  286. 

on  suspension  of  work,  286. 
interested  persons  charged  with  knowledge  of,  302. 
knowledge  implied,  367. 

Land  Department  may  require,  for  State  selections,  1292. 
list  of  lands  selected  by  railroad,  1105. 
location,  649. 

of  timnel  vein,  175. 
may  be  required  by  miner's  rules,  197. 
meaning  of  "conspicuous  place,"  359. 
mill-site  application  for  patent,  331,  598. 
mineral  applicant  required  to  give,  302. 
miners'  custom  as  to  record  of,  194. 

not  required  before  setting  aside  fraudulent  coal  entry,  1227. 
of  declaratory  statement  in  Alaska  recorded,  884. 
laborer's  lien  in  Alaska,  880. 

on  mines  recorded  .in  Alaska,  884. 

location,  702. 

mechanic's  lien  on  mines  recorded  in  Alaska,  884. 
miner's  lien  in  Alaska,  880. 

not  defeated  by  informality,  881. 

mistake,  881. 
mining  location  in  Alaska  recorded,  884. 
relocation  insufficient,  705. 
State  selections,  1292. 


INDEX. 


1651 


NOTICE— Conlinupil. 

party  making  State  selection  should  give,  1290. 

patent  as,  700. 

places  for  posting,  289,  358. 

place  for  record  in  Alaska,  900. 

of,  for  coal  locations  in  Alaska,  884,886. 
plat  posted  with  notice,  360. 
posted  may  constitute  part  of  marking,  197, 198. 
posting,  358,  598,  702,  714. 

and  proof,  289,  714. 

publication,  665. 
discovery  notice  not  a  location,  50. 
in  register's  office,  360. 
lien  notice  on  mining  claim,  881. 
of,  not  a  location,  50. 

on  application  to  purchase  stone  lands,  1318. 
on  claim,  357,  359,  714. 
group  claims,  359. 
proof  of  posting,  598,  714. 

on  application  for  patent,  306. 
claim,  714. 

coal  location  in  Alaska,  886. 
publication,  598. 
publication  of,  289,  598,  665,  713,  881. 

before  posting  plat  on  claim,  665. 
cuts  off  claims  of  delinquent  coovmer,  277. 
for  patent  for  coal  lands  in  Alaska,  886. 
in  newspaper  nearest,  362,  713. 

computation  of  time,  364. 
designation  of  newspaper,  361. 
discretion  of  register,  361. 
duty  of  register  as  to,  360. 
not  changed  from  daily  to  weekly  paper,  362. 
number  of  insertions,  363. 
sixty  days'  publication,  363. 
is  process  on  adverse  claimant,  358. 
on  application  to  purchase  stone  lands,  1319. 
proof  of  posting,  369. 
purpose  and  reason  356. 

of  posting  and  publishing,  665. 
record  of,  as  constructive  notice,  97,  197. 
to  coal  lands,  784. 
for  coal  locations  in  Alaska,  886. 
in  Alaska,  899. 
mining  location  as,  183. 
register's  discretion  as  to  selection  of  newspaper,  579. 
required  before  second  patent  granted,  505. 
second  patent  not  granted  without,  505. 
shaft  houses  as  conspicuous  place  for  posting,  359.  " 
sufficiency  as  to  cooAvner,  275. 

forfeiture  of  coowner's  interest,  275. 
of  description  in .  226. 

surveys  by,  in  foreclosure  of  miner's  lien,  881.  ' 
time  and  term,  177. 

for  filing  as  to  coal  locations,  784. 
for  record  in  Alaska,  900. 
in  Alaska,  884  ,  890. 
given  for  posting,  182,  360. 
to  adverse  claimants,  375. 
coowner,  177. 
delinquent  coowner,  275. 
turmol  location,  175. 
NOTICE  OF  LOCATION. 

See  also  Amended  location.  Certificate,  Description,  Land  Office,  Notice,  Publication,  Record, 

Register,  Verification, 
absence  of  discovery  as  affecting  known  veins,  562. 
aceiu-acy  not  required,  199. 


1652 


INDEX. 


NOTICE  OF  LOCATION— Continued, 
admissibility  in  evidence,  205,  702. 
amended  notice,  205. 
as  knowledge  of  vein  or  lode,  562. 
certificate  amended,  205. 

of  location,  197. 
change  of  description  in,  233. 
conformity  to  miners'  rules,  204. 
construction,  199. 
construed  liberally,  199. 
contents  and  description,  226. 

when  record  required ^  197, 211. 
controls  as  between  calls,  201. 
correction  of  errors  in  notice,  206. 
date  necessary,  198. 

of  location  must  be  shown,  200. 
not  conclusive,  212. 
declaratory  statement,  206. 
description  of  claim,  211. 

required,  200. 
ground  located,  198. 
destruction  of  notice,  206. 

distinction  between  amended  location  certificate  and  relocation  notice,  205. 
effect  if  posted  before  discovery,  97. 

of  amended  certificate  of  location,  205. 

errors  as  to  courses  or  distances,  206. 
in  notice,  206. 

inacctiracies  and  mistakes,  206. 

mistake  in,  232. 

recording,  on  priority,  208. 
errors  in,  corrected  by  parol,  212. 
general  requisites,  199. 
identification  of  claim  necessary,  199. 
instances  of  insufficiency,  203. 

sufficiency,  202,  203. 
insufficient  description  in,  368. 
local  regulations  requiring,  204. 
location  certificate,  200. 
locator  not  bound  by  error  in  description,  232. 
marking  boundaries  need  not  be  stated  in,  217. 
markings  control  courses  and  distances,  212. 
may  be  nearby  and  indicate  vein,  200. 
miners'  rules  as  to,  in  Alaska,  901. 
mining  locations  or  claims  as,  702,  1359. 

in  Alaska,  899,  900. 
must  be  given  after  discovery,  97. 

conform  to  statutory  requirements,  97. 
name  of  locator  omitted,  226. 
necessary  before  entry,  393. 
not  required  to  be  placed  on  vein,  200. 
notice  not  required,  196. 

permitted,  197. 
object  of,  198. 

office  and  purpose  of,  205.  .  . 

particular  requirements,  199,  200. 

positive  exactness  not  required,  206. 

precise  boundaries  not  required  to  be  shown,  199. 

record  must  be  after  discovery,  97. 

contain  description,  209. 

refer  to  natural  objects  or  permanent  monuments,  209. 

need  not  show  marking  on  ground,  212. 

not  required,  358. 
reference  to  natural  objects,  201. 
referred  to  location  as  permanent  monument,  443. 
requirements  as  to  location  certificate,  200. 
right  of  locator  to  amend  notice,  205. 
State  statute  requiring  verification,  208. 
statutory  regulations  as  to,  204. 
substantial  compliance  with  statute  sufficient,  199. 


INDEX. 


1G53 


NOTICE  OF  LOCATION— Continued, 
sulliciency  and  olloct,  97,  lOS,  201,  702. 

of  amended  location  not  ice,  205. 
technical  construction  avoided,  199. 
temporary  destruction,  20G. 
time  of  posting  on  claim,  701. 
uimecessary  surplusage  rejected,  200. 
verification  not  required,  197,  207, 
what  constitutes  permanent  monuments,  212. 

O. 

OATH. 

See  also  AfTidavit,  Agent,  Verification. 

administered  by  agent  of  corporation,  584. 

over  telephone  invalid,  304. 

adverse  claimant,  429. 

amendment  of,  585. 

applicant  for  patent,  304. 

applicant's,  as  to  coal-land  entry,  780. 

by  applicant,  583. 

officer  of  corporation,  583. 

claimant's,  to  declaratory  statement,  7C3. 

competency  of  notary  public  administering,  763. 

miner  must  make,  to  claim  for  lien  in  Alaska,  880. 

officer  authorized  to  administer,  583. 

place  of  making,  583. 

purchaser's,  for  stone  lands,  1318. 

to  application  for  patent,  583. 

declaratory  statement  for  coal  entry,  767. 

what  officer  authorized  to  administer,  584. 
OCCUPATION. 

See  also  Possession,  Possessory  rights. 

conditioned  upon  performance  of  annual  labor,  25. 

of  mining  ground  as  notice  of  location,  50. 

use  of  ground  located  for  mining  purposes,  25. 
OHIO. 

disposal  of  salines,  1245. 

grant  of  salines,  1239. 

salt  springs,  1239. 

sale  of  salines,  1252. 

salt  springs,  1204,  1252. 

salt  springs  included  in  grant  to,  1239. 
OIL  AND  GAS. 

See  also  Discovery,  Indian  lands.  Mineral  deposits,  Minerals,  Oil  and  gas  lands,  Pipe  lines,  Placet 

locations, 
as  a  mineral,  1134. 

valuable  mineral  deposits,  690. 
excepted  from  municipal  grants,  1305. 
Indian  lands  sold  subject  to  oil  and  gas  rights,  1028. 
individual  ownership  of  Indian  allottee,  1026. 
insufficient  to  make  lands  valuable  for,  520. 
lands  containing,  as  mineral  lands,  689,  690. 
reserved  to  Cherokee  Tribe,  1008. 
valuable  for,  are  mineral,  18,  19,  20. 
lease  by  Indian  Nation  for  mining,  991. 

of  Indian  lands  for,  1004. 
locators  protected,  1049. 
pipe-line  transportation  of,  1071. 
reservation  and  location,  1051,  1052. 
reserved  from  allotment  of  Indian  lands,  1004. 
Indian  lands,  1025. 
lighthouse  reservation,  958. 
municipal  grants,  1306. 
park  grants,  1307. 
to  Osage  Indians,  1026. 
right  of  way  for  pipe  lines  in  Arkansas,  1073. 
rights  acquired  under  Indian  lease  protected,  1010. 
royalties  on,  from  Indian  lands,  988. 
statute  applies  to  persons  transporting  by  pipe  lines,  1071. 


1654 


INDEX. 


OIL  AND  GAS  LANDS. 

See  also  Discovery,  Indian  lands,  Lands  valuable  for  minerals,  Mineral  lands,  Minerals,  Placer  loca- 
tions, Railroad  grants, 
acquired  piirsuant  to  placer-claim  laws,  519. 
act  amended,  1049. 
agricultural  entries  on,  1049,  1051. 
allotments  inalienable  for  stated  period,  1026. 
application  of  act  of  March  3, 1909  to,  815. 
area,  1047. 

as  indenmity  selections,  1285. 

mineral  lands,  1134. 
asphaltum  located  as  oil  claims,  1046. 
character  of  lands,  1048. 

classification  as  analogous  to  classification  as  coal,  815. 

establishes  mineral  character,  1134. 

in  California,  1285. 
contest  with  homestead  claimant,  1047. 
defective  titles  cured,  1048. 
discovery,  1044. 

essential  to  location,  65. 
disposal  of,  after  withdrawal,  1392. 

in  Oklahoma,  1299. 
effect  of  withdrawal  order,  1391,  1392. 
elimination  of  nonoil  land,  1393. 
en terable  as  placer  claims  in  Alaska,  1043. 
entry  of,  in  Alaska,  1043. 

excepted  from  grant  to  Southern  Pacific  Railroad  Co.,  1138. 

Texas  Pacific  Raihoad  Co.,  1143. 
railroad  grant  as  mineral  lands,  519. 
grants,  1134. 
existing  locations  approved,  1046. 

filed  upon  and  improved  in  Alaska  may  be  patented,  1043. 
first  locator  not  a  discoverer,  1047. 
hearing  to  determine  character,  1048. 
insufficient  discovery,  1044. 

knowledge  of  discovery  by  another  necessary,  1047. 
lands  valuable  for  oil,  1013. 

not  selectable  in  lieu  of  school  sections,  1262. 
lease  of,  in  Arizona  and  Oklahoma,  1298. 
locatable  as  placer  claims,  1333. 
location  made  under  law  is  a  mining  claim,  1043. 
locations  protected,  1046,  1049. 
mineral  lands  in  railroad  grant,  1138. 
modification  of  withdrawal  order,  1393. 
must  be  chiefly  valuable  for  oil  to  sustain  location,  1044. 
no  entry  after  patent  to  raihoad  company,  1134. 

school  indemnity  selection  while  withdrawal  stands,  1392. 
not  selectable  as  lieu  land,  1175. 

subject  to  disposal  under  land  laws  after  withdrawal,  1393. 
oil  and  gas  reserved  from  agricultural  entries,  1049,  1051. 

locations  protected,  1048. 
one  discovery,  1044. 
Osage  Indians,  1026. 

ownership  of  Southern  Pacific  Railroad  Co.,  1134. 
patent  for,  in  Alaska  not  defeated  by  assignment,  1048. 

not  issued  after  classification,  1134. 
persons  qualified  to  enter,  1043. 
President's  withdrawal  of,  in  California,  1392. 
prior  location  protected,  1048. 
priority  of  location,  1047. 
rights  of  Indians  in,  987. 

school  sections  not  subject  to  mining  laws,  1299. 
selections  by  California  after  classification,  1285. 
Idaho,  1050. 

State's  right  of  selection  after  classification,  1285. 
surface  entry  after  withdrawal,  1393. 

indications  not  proof  to  establish  character,  1175. 


INDEX. 


1655 


OIL  AND  GAS  L\NDS— Continued. 

surface  indications  will  not  defeat  lieu  selections,  1177. 
patent  for,  815. 

title  to  Southern  Pacific  Railroad  Co.,  1134. 

transfers  protected,  1048. 

validity  of  withdrawal  orders,  1392. 

what  constitutes  discovery,  1044. 

withdrawals,  815,  819, 1392. 

withdrawal  of  oil  lands,  1391. 

rights  protected  as  against,  1391. 

withdrawn  from  private  entry  for  classification,  1392. 
OIL  LEASES. 

See  also  Indian  lands.  Lease. 

as  prohibited  alienation,  1000. 

execution,  filing,  and  recording  Indian,  1012, 

Indian  lands,  1021. 

lease  by  Indian  Nation  for  mining,  991. 

of  Indian  lands,  1018. 
not  a  grant  of  oil  in  place,  1016. 

Osage  Indian  Reservation,  Foster  lease  assigned,  1022. 

extended,  1022. 

royalty  determined  by  President,  1021. 
sale  of,  on  Indian  lands,  1024. 
OIL  LOCATIONS. 

See  also  Annual  labor,  Discovery,  Mining  locations.  Oil  and  gas  lands,  Placer  locations, 
agricultural  entries  not  subject  to,  1047. 
annual  labor  on,  247, 1048. 
asphaltum  located  as,  1046. 
assessment  work  on,  1048. 

conditions  for  making,  on  Indian  reservation,  1044. 
confirmed  by  statute,  1046. 

defective  title  not  cured  in  absence  of  discovery,  1048. 
diligence  in  prosecution  essential  to  protection,  1047. 
discovery  essential  to,  65, 1044. 

insufl3cient,  1045. 
entry  on  agricultural  lands  unauthorized,  1047. 
lien  law  applicable  to,  1044. 
located  as  placer  claims,  1043. 
location  of  oil  lands,  1043. 

not  affected  by  invalid  withdrawal  orders,  1392. 

permitted  in  Glacier  National  Park,  1045. 
one  discovery  sufficient  for  entire  claim,  1047. 
patent  for,  1048. 

persons  qualified  to  make,  1043. 

possession  protected  during  diligent  prosecution,  1047. 
proof  insufficient  to  show  discovery,  1046. 

sufficient  to  sustain  discovery,  1044. 
prospector  not  a  trespasser,  1044. 
protection,  1048, 1049. 

rights  of  locator  as  against  lieu  selector,  1176. 
right  to  hold  as  against  nonmineral  applicant,  1045. 
statutory  requirement  as  to  discovery  applies  to,  65. 
sufficiency  of  discovery,  1045. 
OKLAHOMA. 

disposal  of  mineral  lands  in,  1299. 

oil  and  gas  in,  1299. 
enabling  act,  964, 

grant  to,  without  mineral  exception,  1300. 

lands  prima  facie  nonmineral  from  surveyor's  return,  1187, 

lease  of  mineral  and  oil  lands  in,  1298. 

school  lands,  995. 
mineral  lands  not  excepted ,  1300. 
provisions  for  disposal  of  gas  and  oil,  1298. 
saline  statute  not  applicable  to,  1212. 
school  Indemnity  selections  in,  838. 

sections  in,  not  subject  to  mining  laws,  1299, 

subject  to  operation  of  raining  law,  1299. 


1656 


INDEX. 


as  mineral,  81. 
ORDINANCE  OF  1785. 

disposal  of  mineral  lands,  1080. 

minerals  reserved  from  sale  of  public  lands  by,  1080. 

reservation  of  copper,  gold,  lead,  and  silver,  1080. 

section  16  dedicated  as  school  lands,  1080. 
OREGON. 

coal  lands  excepted  from  lands  donated  to  settlers,  1087. 
enabling  act  directory  as  to  selection  of  salt  springs,  1269. 

excepts  minerals,  1268. 
grant  of  salines  to,  1268. 

salt  springs  to,  1262. 

limited  to  twelve,  1268. 
laws  of,  extended  to  Alaska,  873. 
minerals  excepted  from  lands  donated  to  settlers,  1087. 
mineral  lands  excepted  from  wagon  road  grants,  1276,  1279. 

in,  reserved  from  railroad  grant,  1129. 
no  mineral  districts  within  timber-cutting  act,  1339. 
not  included  in  mining  districts  under  timber-cutting  act,  1338. 
proof  of  mineral  character  of  lieu  lands,  1269. 
salines  excepted  from  lands  donated  to  settlers,  1087. 
salt  springs  excluded  from  grant  where  private  rights  are  vested,  1268. 
selection  by  State,  1269. 

of  lieu  lands,  1269. 
salines  by,  1269. 
statute  as  legislative  sanction  of  miners'  rules,  657. 
surveyor  general,  1087. 
time  for  selection  of  salt  springs,  1269. 

of  making  selection,  1269. 
title  to  coal  lands,  1087. 
town-site  laws  not  in  force  in,  1376. 
OREGON  CENTRAL  RAILROAD  CO. 

minerals  excepted  from  grant  to,  1141. 
ORES. 

See  also  Intersecting  veins.  Mineral  deposits.  Minerals,  Ownership,  Veins  or  lodes. 

as  part  of  vein,  132. 

burden  of  proof  as  to  ownership,  155. 

iron  not  included  in  "or  other  valuable  ores,"  1083. 

locator's  right  to,  without  purchasing  land,  112. 

ownership  at  intersection  of  veins,  589,  705. 

when  veins  intersect,  721. 
presumption  as  to  ownership,  131. 
removing  as  prima  facie  trespass,  160. 
right  to  dig  passes  to  heirs,  126. 

mine  as  property,  123. 
taxation,  97. 

taxes  on,  enforced  by  sale,  98. 

tunnel  owner's  right  to  take,  171. 

within  space  of  intersection,  590. 
ORIGINAL  COAL-LAND  ACT. 

See  also  Coal  sections.  Coal  statutes.  Mining  statutes. 

sale  of  coal  lands,  791. 
ORLEANS. 

lead  mines,  1242. 

salines,  1242. 

salt  springs,  1242. 
OSAGE  INDIANS. 

See  Indian  lands,  Oil  and  gas  lands. 

oil  lands,  1026. 
OUSTER. 

See  also  Ejectment,  Possessory  rights. 

upon  and  beneath  surface,  160. 
OUTCROP. 

See  also  Apex,  Discovery. 

minerals  need  not  be  exposed  to  view,  105. 

slight  deviations  do  not  affect  extralateral  rights,  138. 

synonymous  with  apex,  105. 


INDEX. 


1657 


OVERLAPPING  LOCATIONS. 

See  also  Adverse  claims,  Conflict  area,  Conflicting  locations,  Contiguous  claims,  Group  claims.  Posses- 
sory rights. 

department  regulations  as  to,  158. 

discovery  does  not  relate  back,  88. 

shaft  on  prior  location,  88. 

effect  and  validity,  88. 

first  discovery  gives  prior  right,  88, 
in  shaft,  70. 

made  by  intruder,  224. 

priority  of  discovery  in,  73. 

rights  in  patent  proceedings,  327. 

race  of  diligence,  88. 

right  of  first  discoverer,  70. 

rights  determined  by  priority  of  discovery,  73. 

senior  location  void,  90. 

validity  of  junior  location,  158. 
OWL  CREEK  COAL  CO. 

operating  Gebo  mine,  828. 
OWNERSHIP. 

See  also  Blanket  vein,  Coal  mined.  Intersecting  veins,  Minerals,  Ores,  Veins  or  lodes, 
all  beneath  surface,  114. 

within  surface  boundaries,  114. 
at  space  of  intersection  of  veins,  721. 
below  point  of  intersection  of  veins,  705. 
coal  lands  and  coal  mined,  746. 

mined  from  public  lands,  746. 
governed  by  law,  123. 
intersecting  vein,  705, 

of  all  veins  having  apexes  within  location,  128. 

broad  vein  determined  by  priority  of  discovery,  129. 
coal  mined  from  coal  lands,  746. 
minerals  without  title  to  land,  112. 
surface,  114. 

vein  at  surface  carries  underground  rights,  113. 

or  lode  in  excluded  ground,  129. 

the  same  under  as  upon  the  surface,  128. 
ore  within  space  of  intersection,  705. 
relinquishment,  637. 
surface  and  veins,  119. 

determines  subsurface  rights,  139. 

gives  extralateral  rights,  139. 
test  of,  as  to  veins,  129. 

P. 

PACIFIC  RAILROAD  CO. 

See  also  Coal  lands.  Mineral  lands,  Railroad  grants. 

lands  valuable  for  mining  purposes  excluded,  1101.' 

mineral  lands  excepted  from  grant,  1100. 
PAINT  ROCK. 

See  also  Minerals. 

application  for  patent  as  lode  or  placer,  324. 

lands  valuable  for,  are  mineral,  8. 
PARK  GRANTS. 

See  also  Municipal  grants.  Reservations. 

coal,  oil,  and  minerals  reserved,  1307. 
PARKS. 

See  Reservations. 
PARTIES. 

See  also  Actions,  Adverse  claims,  Contestant,  Intervention, 
in  actions  to  enforce  miner's  lien,  905. 
to  adverse  claims,  439. 
PARTNERS. 

See  also  Coowners. 

abandonment  by  locating  partner,  262. 
56974°— BuH.  94,  pt  2—15  53 


1658 


INDEX. 


PARTITION. 

See  also  Coowners,  Mining  locations,  Tenants  in  common. 

effect  on  rights  of  tenants  in  common,  124. 

mining  claim,  124. 

subject  to,  188. 

tenants  in  common,  124. 
PATENT. 

See  also  Coal  entry.  Coal  lands,  Collateral  attack,  Conclusiveness,  Entry,  Equitable  title.  Land  De- 
partment, Legal  title.  Mining  locations.  Patent  proceedings,  Placer  locations.  Possessory  rights. 
Possessory  title.  Statute  of  limitations.  Title,  Tunnel  locations, 
absence  of  conflict  necessary,  665. 
acceptance  of,  as  waiver  of  rights,  667. 

for  part  not  a  waiver  as  to  residue,  406. 
not  a  waiver  of  extralateral  rights,  699. 
additional  surface  ground  not  included  after  issuance,  305. 
adverse  claims  not  provided  for  after  issuance,  430. 
possession  entitles  locator  to,  548. 

for  a  statutory  period  gives  right  to,  548. 
agricultural,  defeated  by  presence  of  known  mines,  425. 
entryman  entitled  to  limited,  823. 
must  except  vested  water  rights,  722. 
amendment  to  aid  in  determining  subject  matters  of,  505. 
amount  of  improvements  as  condition  for,  653. 

land  included  under  mineral-land  laws  in  Alaska,  1379. 
annual  labor  not  a  condition  for,  236. 

required  after,  189. 
any  number  of  contiguous  placers  concluded,  522. 
applicant's  failure  to  comply  with  mining  law,  386. 
application.   See  Patent  proceeding. 

of  doctrine  of  relation,  701. 
area  of  placer  location  in  Alaska,  875. 
as  a  conveyance,  666. 

abandonment  of  rights  acquired  under  original  act,  667. 
evidence  of  proceedings,  403. 

rights,  415. 
highest  grade  of  title,  185. 
proof  of  discovery,  416. 
quitclaim  deed  from  Government,  412. 
asserting  tunnel  rights  not  a  collateral  attack,  419. 
assignee's  right  to,  on  adverse  possession,  550. 
association's  right  to,  300. 

as  to  part  of  original  claim  without  discovery,  161. 
authority  of  Land  Department,  294. 

to  insert  reservations,  416. 
qualify,  298. 

local  ofTicers  as  to,  751. 
officers  to  insert  excepting  clauses,  1137. 
to  issue,  294. 
authorized  for  lode  claims,  698. 

and  mill  sites,  698. 
mill  sites,  698. 
placer  claims,  698. 
bars  subsequent  location,  418. 
basis  of  invalidity,  420. 
boundary  lines  as  established  by,  415. 
broader  than  law  is  ineffectual,  666. 
burdened  by  easements,  622. 

for  water  rights,  622. 

cancellation,  422. 

after  conveyance  to  corporation,  750. 
at  suit  of  Government,  750. 
for  false  affidavits,  564. 
fraud,  424. 

of  raihoad  company,  1125. 
of,  for  coal  lands,  750. 

mineral  land  within  forest  reservation,  1167. 
stone  lands,  1323. 
homestead,  1228. 


INDEX. 

PATENT— Continued. 

can  not  bo  resisted  by  occupants  without  title,  162 

limit  rights  on  intersecting  vein,  572. 
carries  title  to  apexing  vein  or  lode,  413. 
certified  list  equivalent  to,  854. 
channel  of  title  from  Government,  412. 
citizenship  of  applicant,  523. 
clause  excepting  water  rights,  660. 
reserving  coal,  823. 

town-site  rights,  1375. 
coal  deposits  not  included,  1096. 

discovered  after  preemption  entry,  1088. 
coal  lands,  750. 

limited,  817. 
restricted,  813. 
reserved  for  State  selections,  818. 

without  consent  of  noncoal  purchaser,  823. 
collateral  attack,  419. 

of  void  patent,  421. 
complete  conveyance  of  apexing  vein  or  lode,  410. 
compliance  with  local  laws  and  customs  as  conditions,  662. 
miners'  rules  and  customs,  663. 

provisions  as  to  labor  and  expenditures  necessary  345. 
requirements  essential,  401. 
statutes  entitles  applicant  to,  333. 
statutory  provision,  663. 
conclusive  against  collateral  attack,  1135,  1338. 

parties  not  in  privity,  1138. 
third  persons,  409,  419. 
as  to  date  of  location,  418. 

location  and  discovery,  397. 
nonmineral  character  of  land,  1135. 
regularity  of  previous  steps,  417. 

proceedings,  1135. 
on  failure  to  adverse,  380. 
presumptions  as  to,  414. 
conclusiveness,  298,  412,  417,  494. 

as  against  adverse  claimant,  385. 

town-site  claimant,  1361. 
to  Government,  1133. 

matters  determinable  by  Land  Department,  417 
mineral  character  of  land,  417. 

railroad  lands,  1136. 
in  absence  of  adverse  claim,  371. 
on  date  of  proceedings,  415. 
conditions  as  to  mines  benefited  by  tuimel,  1385. 
for  correcting  mistake,  848. 

obtaining,  289. 
inserted  in,  667. 

within  Sutro  Tunnel  act,  1386. 
conflict  settled  by  issuance  of,  705. 
conflicting  surface  ground,  60. 
consolidated  or  group  claims  included  in,  323. 

placer  claims,  533. 
conveys  all  veins  and  lode  within  surface  boundaries,  721. 
everything  embraced  in  the  land,  413. 
extralateral  rights,  721. 
lode,  721. 

mining  claim  and  water  rights,  667. 
surface  ground,  721. 

and  rights  to  follow  vein,  666. 
title  of  Government,  1135. 
to  all  veins  or  lodes,  667. 
coowner  must  comply  with  law  to  obtain,  279. 
corporation  as  applicant  for,  712. 

entitled  to,  404. 
correcting  mistakes,  322,421,848. 

by  reconveyance,  422. 


1660 


INDEX. 


P  AT  E  N  T— Continued. 

courts  determine  right  in  adverse  suits,  430. 
covering  placer  and  lode  claims,  568. 
dates  by  relation  to  time  of  location,  1375. 
delay  in  issuing,  250. 

denied  in  absence  of  discovery  shaft  and  improvements,  161. 

proof  of  discovery,  161. 
department  decisions  final  on,  751. 
depends  upon  location  or  possession,  404. 
description  controlled  by  lines  marked,  504,  505. 

governed  by  monuments,  504,  505. 
of  claim,  666. 

by  reference  to  objects  and  monuments,  321. 
land  in,  405. 

where  vein  has  not  been  ascertained,  664. 
determination  as  to  relief  against,  162. 

of  parallelism  of  end  lines,  418. 
discovery  of  vein  essential  to,  410. 
distinction  between  for  placer  and  lode  claim,  409. 
easement  as  superior,  622. 
effect,  403,  493. 

and  extent  of  title  under,  409. 

limitation,  428. 
as  an  adjudication,  494. 

that  no  adverse  claim  exists,  721. 
determination  of  character  of  railroad  land,  1137. 

preceding  question,  1106. 
questions,  411. 
evidence  of  known  vein  in  placer  limits,  572. 
a  grant  for  a  mining  location,  161. 

of  subsurface,  412. 
judgment  of  Land  Office,  721. 
to  placers,  675. 
in  case  of  conflict  grotmd,  722. 
of  acceptance  of  for  part  of  claim,  406. 
cancellation,  424. 
death  of  applicant,  301. 

excepting  clause  as  to  town-site  surface  rights,  1364. 

in  railroad  grants,  1136. 
exceptions  as  to  mineral  character  of  land,  1136. 

in  for  railroad  grants,  1124. 
for  placer  on  lode  claim,  310. 
railroad  grant,  1112. 
issuance,  411. 

as  determination  of  rights,  411. 

to  nonmineral  character  of  land,  1136. 
on  adverse  claim,  721. 
to  railroad  company,  1124, 1177. 

by  Land  Department,  1136. 

patent  for  lieu  lands,  1177. 

placer  patent,  524. 

refusal  to  grant,  424. 

reservations  and  exceptions  in,  416. 

subsequent  discovery  of  minerals,  1146. 

in  town  site,  1374. 

to  railroad,  1106. 

railroad  grant,  1133. 
town  site  as  a  conveyance,  1371. 

against  mineral  claimant,  1372. 
on  mining  location,  1381. 
on  date  of  location,  415,  494. 

proceedings,  415. 
extralateral  rights,  653,  666. 
ownership  at  intersection  of  vein,  494. 
right  to  use  water,  660. 
valid  existing  liens,  167. 
when  issued  without  contest,  413. 


INDEX. 


1661 


PATENT— Continued. 

error  in  correction  on  reconveyance,  849. 
estate  granted,  675. 

evidence  of  compliance  with  local  rules  and  customs,  415. 
excepting  clause,  1106. 

as  to  town-ssite  surface  rights,  1364. 

water  right,  660. 
in  to  railroad  companies,  1124. 
exceptions  as  to  mineral  lands,  834. 

do  not  operate  as  estoppel,  1138. 
in  favor  of  agricultural  patent,  416. 
for  railroad  lands,  1106. 
grant  to  railroads,  1124. 
inserted  in,  667. 
to  conclusiveness,  836. 
excepts  vested  water  rights,  722. 
excessive  area  not  permitted,  664. 
excludes  intervening  claims  by  relation,  415. 
extent  and  eflfect  as  a  conveyance,  428. 
as  conveyance,  721. 
of  excepting  clause  to  railroad,  1106. 
extralateral  rights  granted  by,  699. 

not  affected  by,  159. 
where  end  lines  are  not  parallel,  666. 
for  agricultural  lands  passes  no  title  to  mining  claims,  403. 
coal  lands,  750. 

in  Alaska  must  recite  conditions,  891. 
reserved  from  sale,  750. 
contiguous  claims,  409. 
lieu  lands,  1177. 

location  made  under  original  act,  667. 

lode  claim  can  not  exceed  statutory  width,  63. 

within  placer  claim,  410. 
mineral  lands  within  town  site,  1374. 

vein  after  issuance  of  town-site  patent,  1380. 
mining  claim  conveys  full  right  of  enjoyment,  410. 
embracing  prior  claim,  310. 
on  Indian  lands  validated,  977. 
subsequent  to  town-site  patent,  1379. 
within  patented  town  site,  1381. 
noncontiguous  tracts,  409. 
placer  location  or  claim,  409,  524,  675. 
separate  claims,  409. 
surface  ground,  410. 
veins  and  lodes,  410. 
force  and  extent  as  a  conveyance,  412. 
of,  determined  by  statute,  666. 
placer  patent,  524. 
fraudulent  patentee  declared  a  trustee,  1135. 
general  objections  to  issuance,  385. 

good  faith  purchaser  under  Mexican  grant  entitled  to,  1092. 
Government  bound  by,  to  railroad  company,  1112. 
grant  of  all  veins  apexing  within  surface  boundary,  699. 
extralateral  rights,  413. 
surface  and  subsurface,  412. 
title  to  surface  and  apexing  veins  and  lodes,  411. 
to  veins  and  lodes  apexing  within  claim,  494. 
grants  apex  and  right  to  follow  vein,  103. 
grounds  of  objection  to  issuance,  387. 
group  of  claims  included,  406. 
hearing  to  determine  right  to  unlimited,  822. 
homestead,  822. 

entryman  entitled  to  limited,  821. 
for  coal  lands  before  classification  not  cancelled,  822. 
subject  to  vested  water  rights,  676. 
includes  all  veins  apexing  within  surface  lines,  128. 
benefits  to  unpatented  location,  418. 


1662 


INDEX. 


PATENT— Continued. 

includes  vein  between  parallel  planes  of  end  lines,  664,  665. 

veins  apexing  within  surface  lines,  693. 
inclusion  of  known  lode  in  town  site,  1372. 
interested  persons  may  object,  1386. 
invalid  if  issued  for  lands  disposed  of,  298. 
unauthorized,  298. 
location  not  basis  for,  303. 
on  face,  420. 
invalidity  attacked  in  ejectment,  836. 

not  raised  before  Land  Department,  418. 
ironclad  potency,  412. 
irregular  not  void,  423. 
irregularly  issued  passes  title,  1138. 
issuance  a  determination  of  patentability  of  lands,  1136. 
dependent  on  proof  of  expenditures,  354. 
for  railroad  grant,  1112, 1114. 
in  absence  of  adverse  claims,  506. 
name  of  applicant,  403. 
locator,  403. 
induced  by  fraud,  1135. 
of  and  purpose,  402. 

new  to  correct  mistakes,  422. 
on  failure  to  file  adverse  claim,  289. 
final  proof,  402. 

official  survey  after  adverse  investigation,  443. 
termination  of  adverse  proceedings,  715. 
pursuant  to  judgment  and  Land  Department's  decision,  493. 
terminates  jurisdiction  of  Land  Department,  297. 
to  several  pursuant  to  judgment,  493. 
without  authority  and  effect,  494. 
issued  for  claim  located  under  original  act,  721. 

lode  claim  pending  contest  is  void,  420, 
part  of  claim  on  second  discovery,  161. 
on  survey  provided  for,  443. 
to  persons  acquiring  title  after  entry,  392. 

Southern  Pacific  Railroad  as  road  is  completed,  1139. 
under  provisions  of  existing  laws,  506. 
without  jurisdiction  of  Land  Department  is  void,  420. 
issues  according  to  judgment  in  adverse  suit,  486. 

for  possessory  title  in  absence  of  adverse  claim,  553. 
pursuant  to  judgment  on  adverse  claim,  493. 
to  party  entitled  to  possession,  403. 
inserting  condition  as  to  mine  drained  by  tunnel,  1385. 
known  vein  or  lode  excepted  from,  559. 

placer,  559. 

judgment  alone  does  not  entitle  successful  party  to,  719. 

of  court  as  to  binding  on  department,  298. 
jurisdiction  of  tribunal  implied,  1106. 
land  already  patented  not  included,  328. 
containing  known  mines,  836. 
not  claimed  as  mineral  after  issuance,  1137. 
Land  Department  can  not  correct  descriptions,  321. 

determines  conditions  for  issuing,  1135. 
may  ask  court  to  set  aside,  316. 

determine  and  designate  character  of  land  in,  1120. 

legal  title  prevails,  493. 
limitation  on  granting  effect,  412. 

locator's  rights,  667. 
limited  as  to  coal  lands,  817,  950. 

for  lands  withdrawn  as  coal  lands,  818. 

State  selection,  818. 
to  statutory  width  of  lode  claim,  63. 
locator  not  required  to  obtain,  112, 127. 
locator's  right  to,  189,  551. 
lode  and  placer  claimants  not  entitled  to,  491. 
claims  included,  563. 

not  included,  324. 


INDEX. 


1663 


PATENT— Continued. 

lode  claim  within  patented  town  site,  331. 

long-standing  nonmineral  not  invalidated  by  mineral  claimant,  845. 
meaning  of  exceptions  to  railroad  grants,  1106. 
merges  inferior  estate,  408. 

possessory  and  equitable  titles,  185. 
method  of  obtaining,  for  mineral  deposits,  710. 
mineral  character  of  land  essential  to,  313. 

conclusive  against  town-site  claimant,  1361, 

deposits  not  included,  1096, 

lands  excepted  in  Southern  Pacific  if  patent  is  void,  1138. 
in  California,  1094. 
Michigan,  630. 
Miimesota,  630. 
Wisconsin,  630. 
town  sites  reserved  from,  1372. 
under  Mexican  grant,  1092. 

to  Meradillos,  1092. 
patent  superior  to  town-site  patent,  1359. 
reserving  town-site  rights,  1375, 
subject  to  easement,  1189. 
minerals  reserved  from  lands  in  Alaska,  869. 

town  site,  1371. 

mill  site,  594. 

corporation  may  obtain,  607. 
excepted  from,  1373. 
proof  insufficient  as  to  use,  603. 
of  use  essential,  601, 
to  obtain,  600. 
use  of  water  insufficient,  604. 
water  used  for  mining  purposes,  604. 
within  railroad  grant,  607. 
with  lode  claim,  597. 
mining  claims  on  unsurveyed  lands,  504,  505. 
location  and  town  site  distinct,  1360. 
set  apart  for  public  use,  127. 
mistake  of  applicant  not  a  fraud,  425. 
momunents  control  in  case  of  variance,  504. 

description,  504,  505. 
must  issue  and  be  signed  according  to  statutes,  401. 
natviral  objects  or  monuments  prevail  over  coin-ses  and  distances,  321. 
natvu-e  of,  as  applied  to  coal  lands,  750. 
for  coal  lands,  750, 
mining  location  before  issue,  292. 
necessary  steps  to  secure,  664. 

no  authority  for  inserting  repugnant  conditions,  1135. 
cancellation  of  homestead,  822. 
compensation  for  town-site  improvements,  1375. 
determination  of  undergroimd  rights,  413. 
presumption  of  adjudication  of  subterranean  rights,  413. 
private  entry  on  railroad  grants  after  issue,  1137. 
relief  in  equity  after  long  acquiescence,  494. 

because  of  mistaken  view  of  land  officer,  419. 
noncontiguous  tracts  not  included,  324. 
nonmineral  character  of  land  defeats,  314. 

not  subject  to  attack,  420. 
not  affected  by  adverse-claim  proceedings,  435. 

subsequent  discovery  of  mineral,  1263. 
based  on  discovery  within  patented  claim,  69. 
conclusive  as  to  extralateral  rights,  419. 

nonmineral  character  of  lieu  lands,  1177. 
tunnel  rights,  172. 
in  case  of  variance,  504. 
granted  for  mineral  lands  in  Alaska  withdrawn,  1048. 
issued  for  ground  outside  of  location,  200. 

lands  on  which  are  known  mines  or  salines,  1202. 
lode  within  patented  town  site,  1362. 


1664 


INDEX. 


PATENT— Continued. 

not  issued  for  patented  ground,  407. 

vein  or  lode  independent  of  land,  410. 
in  absence  of  proof  of  discovery,  405. 
on  false  survey  and  publication,  403. 
to  agricultural  claimant  after  mineral  discovery,  62(1 
land  included,  407. 
one  coowner,  407. 
State,  1287, 
without  notice,  505. 
necessary  to  State's  title,  1282. 
required  for  mining  location,  94. 

State's  title,  1287. 
subject  to  attack,  367. 
to  include  mineral  deposits,  1096. 
varied  by  custom  or  local  laws,  642. 
void  if  irregularly  issued,  1138. 
withheld  on  proper  application,  408. 
number  of  claims  included  unlimited,  94. 

unlimited,  665. 
obtained  upon  proof  of  compliance  with  statute,  404. 
objections  to  issuance,  387. 

after  publication  is  by  protest,  386. 
official  survey  as  part  of,  504. 
office  of,  1106. 

to  railroad,  1106. 
oil  lands  in  Alaska  not  defeated  by  transfer  of,  1048. 

locations,  1048. 
one  or  more  placer  claims  included,  324. 
operates  by  relation,  415. 
part  of  severed  claim  patented,  405. 
passes  legal  title  from  Government,  418,  493. 
patented  ground  excepted  from,  445. 
patentee  as  trustee  for  unsuccessful  applicant,  298. 
may  hold  as  trustee,  408. 
must  answer  in  court  proceedings  only,  421. 
not  estopped  to  assert  forfeiture  of  coowner,  403. 

deny  void  exceptions,  1138. 
payment  of  price  a  condition  precedent,  313,  404. 

in  Alaska,  886. 

per  acre,  333. 
perfects  legal  title  in  mining  claim,  401,  404. 
permission  to  bring  suit  to  vacate,  423. 

persons  authorized  to  locate  mining  claims  may  obtain  patent,  712, 

not  interested  can  not  object^  387. 
placer,  409,  533,  708.    See  title.  Placer  locations, 
acreage  of,  570. 

all  mineral  within  limits  conveyed,  675. 
and  agricultural,  532. 

applicant  protected  after  payment  of  price,  708. 
authority  of  Land  Department  to  insert  reservations,  675. 
cancellation  when  issued  by  inadvertence,  576. 
can  not  include  known  vein  or  lode,  95. 
carries  title  to  surface  and  lands  beneath,  410. 
conclusiveness,  575. 

as  to  mineral  character  of  land,  575, 
conveys  mineral  subsequently  discovered,  565. 
effect  of  for  lode  claim  within  placer,  572. 

on  known  vein  or  lode,  570,  572. 
lode  within  placer  limits,  572. 

prior  lode  location,  562. 

proof  of  lode  claim,  575, 

subsequent  discovery  of  vein  or  lode,  576. 
where  it  includes  a  known  lode,  523. 
exceptions  as  to  known  lodes  or  veins,  95,  558,  573,  709. 
extent,  570. 

as  conveyance  of  title  to  mineral,  574. 


INDEX. 


1665 


PATENT— Continued. 

placer,  extent  of  exceptions  as  to  known  vein,  573. 
forfeiture  of  wrongfully  patented  part,  575. 
gives  no  right  to  water,  524. 
group  claims  included,  524. 
hearing  to  determine  validity,  567. 
in  accordance  with  miners'  rules,  708. 
includes  all  minerals,  95. 
inclusive  effect  of,  572,  709. 
invalidated  by  court  proceedings  only,  524. 
issuance  on  false  affidavit  as  to  known  vein,  571. 
joint  entry  limited  to  ICO  acres,  533. 
jurisdiction  of  Land  Department  over,  523. 
knowledge  of  vein  or  lode,  560. 
known  lodes  not  acquired  by,  571,  708. 
patentable  after,  566. 
veins  not  included  in,  574. 

or  lodes  carved  out  of,  571. 
legal  subdivisions  of  40-acre  tracts,  531. 
lode  application  not  received  while  outstanding,  567. 
claim  patented  after,  574. 
within  placer  limits,  410,  489,  572. 
may  embrace  more  than  one,  324. 
mineral  deposits  included  in,  564. 
not  authorized  for  5-acre  tract,  535. 
not  granted  if  in  shoestring  form,  538. 
number  of  contiguous  claims,  674. 
on  conditions  and  proceedings  as  to  lode  claims,  672. 
patentee  not  entitled  to  known  vein,  571. 

required  to  adverse  lode  application,  569. 
placer  locations  in  Alaska,  875. 

subject  to,  672. 
valid  without,  516. 
presumptions,  575. 

as  to  known  veins,  575. 
in  favor  of  validity,  575. 
prevails  against  town-site  lot  owner,  1361. 
proceedings  for  lode  claim  within,  489. 
purchased  claims  may  be  included,  534. 
reservation  as  to  known  lodes,  709. 

town-site  rights,  524. 
rights  of  patentees  for  placer  and  lode  claims,  574. 
single  patent  for  several  claims,  524. 
subject  to  easements,  525. 
ten-acre  tracts,  531. 

title  to  all  ground  except  known  lode,  572. 
veins  passes,  576. 
known  vein  not  acquired  by,  564,  573. 
unknown  veins  passes  to  patentee,  572. 
unknown  lodes  included,  572,  708. 

veins  included,  565,  572. 
unlimited  number  of  claims  included  in,  409. 
unnecessary,  516. 

vacating  part  covering  lode  claim,  575. 
vacation,  575. 

because  of  known  lodes,  575. 
for  false  affidavit,  563. 
void  in  absence  of  discovery,  529. 
when  lying  in  different  districts,  711. 
possession  may  ripen  into  title  without,  186. 
as  basis  of  right  to,  403. 
of  mining  claim  without,  654. 
under,  as  basis  of  adverse  claim,  442. 
power  of  Land  Department  to  reserve  surface  rights,  22. 
practice  in  proceedings,  289. 
presumption  as  to  antecedent  steps,  414. 

relocation,  414. 


1666 


INDEX. 


PATENT— Continued. 

presumption  as  to  regularity  of  antecedent  steps,  414. 
side  lines  after,  152. 
validity  of  precedent  steps,  414. 
in  favor  of  right  of  possession,  130. 

on  abandonment  of  town-site  lot  by  mineral  claimant,  1373. 
presumptive  proof  of  ownership,  418. 

evidence  of  performance  of  condition,  1135. 
prima  facie  evidence  of  compliance  with  statute,  412. 

grant  of  all  rights,  412. 
prior  rights  not  affected  by,  721. 
priority  established  in  judicial  proceedings,  424. 
of  location  as  to  excepted  ground,  418. 
rights  over  mineral  and  town  site,  1375. 
private,  for  coal  lands,  824. 

reserved,  824. 
proceedings  after  judgment  on  adverse  claim,  487. 
for,  661. 

to  correct  mistakes,  422. 
obtain,  289. 

proof  as  to  existence  of  lode  in  placer  claim,  410. 
of  compliance  with  statute  essential,  307. 
date  of  location,  415. 
expenditure  as  condition,  354. 
mineral  character  of  land  essential  to,  402. 

to  justify,  314. 
nonmineral  character  of  land  will  defeat,  314. 
possession  necessary,  551. 
required  in  Land  Office  after  judgment,  463. 
sufficient  to  entitle  applicant  to,  333. 
to  cancel  on  groimd  of  fraud,  424. 

justify  vacation  and  cancellation,  423. 
sustain,  for  lode  within  placer,  561. 
protest  sufficient  to  prevent  issuance,  385. 
provided  for  by  statute,  661. 
provisions  for  contest,  710. 

obtaining,  710. 
purchase  of  mining  claim  by  foreign  corporation,  494. 
purpose  of  description  of  vein  or  lode,  413. 
patent,  402. 
section  2325,  401. 
qualifications  of  applicant,  300. 
quantity  of  oil  lands  included  in  Alaska,  1048. 
questions  not  concluded  by,  418. 
railroad  company's,  to  mineral  lands  void,  1127. 
recitals  and  reservations  omitted,  333. 

as  to  sale  of  adjoining  land,  667. 
reconveyance  and  reissue,  421. 
recovery  of  money  on  cancellation  of,  1323. 
regulation  of  mining  claim  before  issuance,  292. 
relates  to  date  of  location,  437. 

time  of  original  location  and  entry,  415. 
relative  rights  of  mineral  and  town-site  claimants  to,  1361. 
relief  against,  162. 

prior  mineral  entry  in  town  site,  1373. 
relocator's  right  to,  333. 

reservations  and  exceptions  as  to  town-site  rights,  1375. 
limitations,  416. 
as  to  town-site  rights,  416. 

vested  and  accrued  water  rights,  426. 
can  not  nullify  possessory  rights,  105. 
in  placer,  524. 

in  town  site  as  to  minerals,  1378. 
of  coal  deposits,  1034. 

minerals  and  effect,  299. 

mineral  lands  in  Alaska,  869. 

right  of  other  claimants  to  enter,  416. 


INDEX. 


PATENT— Continued. 

reservations  of  surface  rights,  22. 
restricted  to  surface  of  coal  lands,  813. 
right  of  applicant  to,  329. 

patentee  to  follow  vein  or  lode,  162. 
to,  after  applicant  becomes  equitable  owner,  395. 
payment  of  price,  250. 
depends  on  discovery,  308. 
determined  by  Land  OflSce,  463. 
for  surface  of  coal  lands,  819. 
in  absence  of  adverse  claim,  436. 

protest  not  applicable  to  coal  entries,  1227. 
imder  adverse  possession,  548. 
on  working  location  for  statutory  period,  553. 
vein  below  point  of  intersection  not  determined  by,  419. 
rights  as  against  subsequent  application  for  patent,  162. 
conferred  for  lode  and  placer  claimants  by,  154. 
determined  by,  418. 
granted  by,  663. 
of  placer  patentee,  410. 

prior  patentee  protected,  701. 
subsequent  patentee,  722. 
properly  initiated  may  ripen  into,  124. 
sale  of  part  will  not  defeat,  161. 
scope  of  section  2325,  401. 
second,  not  granted  for  same  ground,  394. 
secures  exclusive  right  to  surface  and  to  apexing  veins,  410. 
separate,  for  each  claim  not  required,  406. 
strangers  not  permitted  to  attack,  421. 
strict  compliance  with  law  required  to  obtain,  292. 
subject  to  extralateral  rights,  428. 

prior  ttmnel  sites,  426. 
right  of  others  to  penetrate  claim,  103. 
vested  water  rights,  426,  613,  622,  660,  676. 
subsequent  discovery  of  mineral,  299, 1106, 1146. 
successful  adverse  claimant  entitled  to,  under  judgment,  487. 
suit  by  United  States  to  cancel,  836. 
to  cancel,  for  coal  lands,  750. 

declare  town-site  patent  inoperative,  424. 
surface  conflict  ground  excepted  from,  722. 

of  town  lots  in  Alaska  subject  to  mineral  rights,  1379. 
permitted  by  local  laws  and  customs,  664. 
rights  reserved  to  town-site  claimant,  22. 
survey  and  line  marked  on  ground  before,  712. 
with  coal  deposits  reserved,  821. 
surrender  for  correction  of  mistake,  848. 
survey  adjusted  to  lines  of  claim,  504,  505. 
as  part  of  description  in,  504. 
incorporated  in,  343. 
takes  effect  as  of  date  of  entry  and  payment,  415. 

by  relation  for  cutting  off  intervening  claims,  415. 
third  persons  concluded  by,  418. 

may  object  to,  386. 
time  for  bringing  suit  to  annul,  1228. 

determining  mineral  character  of  land,  1135. 
of  known  vein  to  except  it  from,  559. 
title  to  coal  lands,  750. 

vein  in  excepted  ground,  417. 
or  lode,  310. 
to  coowner,  407. 

corporation  for  mill  site,  607. 
different  parties  pursuant  to  judgment,  491. 
mining  location  includes  tunnel  rights,  171. 
town  site  in  Alaska  not  to  include  minerals,  1379, 
trustee,  408. 
town-site,  1378. 

rights  reserved  in  mineral,  1375. 


1668 


INDEX. 


PAT  E  NT— Continued . 

town-site  subject  to  mining  location,  118. 

transfer  of  oil  claim  before  discovery  will  not  defeat,  1048. 

tunnel  act  authorizes  protest,  13S6. 

patents  not  authorized,  174. 
under  homestead  law,  425. 
vacating  void  patent  for  coal  lands,  750. 
vacation,  422. 

because  of  known  mine,  575. 
valid  location  as  basis,  303. 

vmder  preemption  act  in  absence  of  valuable  minerals,  1372. 
validation  of,  for  mining  location  on  Indian  lands,  877. 
validity  of,  for  coal  lands  reserved  from  sale,  750. 
vested  right  to,  408,  1227. 

.  water  rights  excepted,  722. 
void  as  to  coal  lands  reserved  from  sale,  750. 
excess  only,  420. 
if  lands  reserved  from  sale,  750. 

sale  of  land  not  authorized,  420. 
patent,  420. 

where  agricultural  lands  contain  known  mine,  83(5. 
voidable  but  not  void,  1135. 

not  subject  to  collateral  attack,  1135. 
water  rights  not  subject  to,  621. 

with  mining  claim  conveyed,  667. 
when  denied,  161. 
who  may  obtain,  300. 

will  not  issue  for  ground  conflicting  with  patented  claim,  665. 
PATENTEE. 

See  also  Assigns  and  assignors,  Grantee,  Patent,  Title. 

determination  of  rights  by  Land  Department,  162, 

failure  to  comply  with  local  regulations,  162. 

right  to  follow  vein  or  lode,  162,  653. 

rights  of  lode  and  placer,  574. 
PATENT  PROCEEDINGS. 

See  also  Actions  on  adverse  claims.  Adverse  claims,  Appeal,  Burden  of  proof.  Contestant,  Entry, 
Intervention,  Judgment,  Mill  site.  Mining  locations.  Notice,  Patent,  Pleading  and  practice. 

accepting  patent  as  waiver  of  rights,  667. 

action  on  adverse  claim  as  excuse  for  not  prosecuting,  438. 

adjudication  comprehends  discovery,  65. 

adverse  claim  changes  nature  of,  291. 

suit  after  publication  period  no  bar,  473. 

affidavit  as  to  compliance  with  statutes,  307. 

amended  survey,  342. 

annual  labor  not  required  after  application,  249. 
appeal  and  practice,  389. 
application  for  patent,  289,  300. 

abandonment  and  effect,  335. 

of  conflict  ground  and  effect,  665,  720. 

fhst  causes  ground  to  fall  into  second,  329. 
noncontiguous  claim,  395. 
absence  of  surface  conflict  dispenses  with  adverse  claim,  446. 
abstract  of  title  required,  312. 
acceptance  of  application  for  placer  location,  523. 

accompanied  by  sworn  statement  of  compliance  with  laws  and  regulations, 
304. 

accurate  description  required,  320. 
action  on  adverse  claim  stays,  379. 
adverse  claim  and  procedure,  431. 

against  coal  applicant,  785. 

as  a  defense,  441. 

excuse  for  delay,  336. 

must  apply  to  included  ground,  442. 

operates  as  stay,  440. 

not  required  after  compromise  and  settlement,  444. 
claimant,  1361. 

can  not  file.  380. 


INDEX. 


1669 


PATENT  PROCEEDINGS— Continued. 

application  for  patent, adverse  claimant,  may  defeat  as  to  any  one  claim,  324. 

must  assert  interest,  434. 
possession  and  proof,  551. 

dispenses  with  abstract  of  title,  552. 

posting  notice,  552. 
suit  commenced  after  time  will  not  bar,  720. 
afladavit  by  agent,  854. 

for  mill  site,  599. 

in  absence  of  abstract,  312. 

of  applicant,  304. 

to,  583. 

made  before  officer  in  land  district,  675. 
verified  before  oflicer  within  land  district,  717. 
where  corporation  is  applicant,  304. 
agent  may  make,  427. 
agent's  unauthorized  affidavit,  428. 
authority  to  verify,  583. 

sworn  statement  must  accompany  in  Alaska,  876. 
agreement  not  to  adverse,  382. 
alienage  as  a  defense,  440. 

of  applicant  prevents,  29. 
amended  application,  438. 
amendment  does  not  cure  defects,  505. 
of  affidavit,  304,  585. 
to  include  relinquished  lands,  325. 
analogy  between  entry  and  patent  of  placer,  330. 
annual  labor  certificate  not  required  after  adverse  suit,  466. 

on  placer  location,  330. 
appeal  from  decision  of  register,  663. 
applicant  as  equitable  owner,  332. 

declaration  of  intention  of  becoming  a  citizen,  711. 
entitled  to  certificate  of  surveyor  general,  341. 

patent  on  compliance  with  law,  721. 

failure  to  file  adverse  claim,  718. 
proof  of  compliance  with  requirements,  498. 
survey,  578. 
may  contract  for  survey,  579. 

include  all  claims  owned,  323. 
relinquish  part,  326. 
must  elect  as  to  noncontiguous  tracts,  324. 
have  interest  in  claim,  301. 
pay  expenses  of  survey,  666,  687. 

increased  expense  caused  by  errors,  580. 
show  legal  location  by  discovery,  308. 

valid  location  under  mining  laws,  303. 
not  required  to  restore  lost  marks,  320. 
presumed  to  know  surface  conflicts,  326. 
protected  from  unjust  charges  for  survey,  579, 687. 
to  file  statement  of  charges  and  fees,  577. 
applicant's  failure  to  comply  with  mining  laws,  387. 

right  not  impaired  by  change  of  statute,  686. 

prejudiced  by  acts  of  officers,  36f. 
of  appeal  from  register,  717. 
approved  when  proper  though  others  refused,  408. 
area  and  acreage  in  placer  application,  707. 
as  appropriation  of  ground,  663. 

evidence  of  appropriation  of  ground,  305. 
segregation  of  land,  305. 
assumption  in  absence  in  adverse  claim,  436. 
authority  of  agent  in  absence  of  claimant,  56,  717,  854,  875. 
by  claimant  in  person,  300. 
coowner,  279,  301. 
joint  owner,  301. 

mineral  claimant  after  town-site  patent,  1362. 

within  town  site,  1361,  1362. 
one  joint  owner  in  behalf  of  all,  711. 


1670 


INDEX. 


PATENT  PROCEEDINGS— Continued, 

application  for  patent,  cancellation  for  insuflacient  proof,  607. 

certificate  as  to  statute  of  limitation,  551. 
work,  712. 

of  surveyor  general  as  to  improvements,  353. 

proof  of  expenditures,  354. 
certified  copy  of  local  laws  as  to  mill  site,  607. 

location  record  required,  337. 
change  in  oflBicers  can  not  affect  decision,  293. 
citizenship  of  applicant,  711. 

members  of  corporation,  645. 
claim  reduced  by  amendment  to  include  legal  area,  322. 
claims  held  in  common  included,  323,  324. 

coal  applicant  not  prejudiced  by  delay  of  oflicers  making  publication,  336. 
lands,  728,  813,  824. 
in  Alaska,  886. 
compliance  with  conditions  generally,  306. 

local  laws  in  mill  site,  607. 
miners'  regulations,  435. 
computation  of  time  in  publication  of  notice,  713. 
conditions  required  to  be  proved,  306. 
confirmed  by  board  of  equitable  adjudication,  855. 
conflict  area  falls  within  second  application,  329. 

in  pending  patent  excluded,  329. 
ground  abandoned,  720. 

with  claim  embraced  in  pending  application,  329. 
conflicting  areas  excluded,  326. 

claims,  326. 
conforming  to  legal  subsurveys,  708. 
construction  of  notice,  365. 
contents  and  sufficiency  of  notice,  365. 

of  accompanying  statement,  304. 

agent's  sworn  statement  in  Alaska,  876. 
contestant  may  show  applicant's  failure  to  comply  with  statute,  718. 
contiguous  claims  only  included,  323,  409. 
continuation  of,  when  commenced  under  prior  act,  721. 
conveyance  of  part  of  claim  included,  326. 
corporation  as  applicant,  712. 
correct  survey  required,  328. 
death  of  applicant,  301. 
defeated  by  noncompliance  with  statute,  405. 
defective  notice,  368. 

unavailing,  393. 
delay  and  failm-e  to  perform  annual  labor,  335. 
Department  may  inquire  as  to  known  mine  within  town  site,  1374. 
deposit  for  expense  of  survey,  579. 
deposits  of  limestone,  332. 
marble,  332. 
phosphate,  332. 
description  according  to  official  survey,  321. 

in  notice  different  from  survey,  439. 
of  claim,  320  ,  405  ,  663  ,  711. 
detached  claim  not  included,  325. 
determination  of  character  of  land,  315, 814. 
diagram,  662. 

and  plat  required,  712. 
filed  with,  662. 
must  fix  location,  664. 
diligence  in  prosecution  required,  334,  665.. 
discovery  a  question  of  fact,  405. 
essential,  308. 
may  justify  patent,  314. 
must  precede,  354. 
dismissal  and  refiling,  713,  718. 

of,  and  reliance  on  possession,  384. 
duty  to  file  adverse  claim,  374, 434. 
effect  as  an  appropriation  of  ground,  663. 


INDEX. 


1671 


PATENT  PROCEEDINGS— Continued. 

application  for  patent,  effect  of  abandonment  of  one  of  two  applications,  329. 

part,  326. 

acceptance  of  patent  for  part  of  claim,  40<). 
agreement  to  convey  land  in  conflict,  328. 
application  for  noncontiguous  tracts,  324. 
conflicting  ground,  394. 
death  on  issuance  of  patent,  301. 
defective  affidavit  of  proof  of  posting,  399. 

application,  304. 
delay  in  issuing  patent,  397,  398. 
destruction  of  corners  and  marks,  320. 
dismissal,  127. 
erroneous  notice,  368. 
exclusion  when  there  is  no  conflict,  328. 
filing  adverse  claim,  440. 

amended  application,  438. 
judgment  against  both  parties  in  adverse  suit,  500. 
loss  of  discovery  shaft,  465. 
mistakes  of  land  officers,  303. 
patent  for  lode  within  placer,  572. 
possessory  title  under  statute  of  limitations,  553. 
protest,  446,  1139. 

surveyor  general's  agricultural  return,  425. 
unaccepted  tender  on  adverse  suit,  471. 
uncertainty  in  notice,  322. 
unreasonable  delay  in,  334. 
election  to  withdraw  conflict  area,  327. 
entry  by  legal  subdivisions,  730. 

completed  within  calendar  year,  335. 
delayed,  439. 

not  canceled  in  absence  of  adverse  claim,  399. 
permitted  after  calendar  year,  335. 
without  notice,  393. 
pending  adverse  suit,  472. 
permitted  if  adverse  suit  not  commenced,  473. 
of  ground  excluded  from,  492. 
on  amended  verification,  585. 
segregates  mineral  land  from  public  domain,  58. 
within  calendar  year  necessary,  335. 
entryman  may  furnish  supplemental  proof,  341. 
erroneous  allowance  will  not  defeat  homestead  claimant,  314. 
errors  of  description  must  yield  to  surface  location,  321. 
excess  of  quantity  locatable,  664. 
exclusion  of  conflict  areas  not  an  abandonment,  326. 
excuse  for  delay  in  prosecution,  336. 
expenditures  and  improvements  on  mill  site,  602. 

on  mfll  site,  598. 
expenses  in  case  of  error  in  survey,  580. 

of  resurvey,  580. 
failure  of  adverse  claimant  to  object,  374. 

applicant  to  comply  with  statute,  383. 
lode  claimant  to  adverse  placer  application,  437. 
senior  locator  to  adverse,  481. 
tunnel  owner  to  adverse,  173,  438. 
to  comply  with  requirement,  405,  717. 
file,  380. 
follow  up,  392. 

post  plat  and  notice  as  basis  of  protest,  387. 

prove  posting  will  defeat,  369. 
fees  same  as  under  homestead  laws,  666. 
field  notes  and  plat  as  description,  320. 
filing  adverse  claim  stays  proceeding,  469,  470. 
application,  302. 

by  receiver  instead  of  register,  302. 
in  proper  land  office,  302. 
under  oath,  300. 


1672 


INDEX. 


PATENT  PROCEEDINGS— Continued. 

application  for  patent,  final  certificate  equivalent  of  patent,  397. 

for  claim  within  town  sites,  331. 
coal  entry,  728. 
lode  and  placer,  566,  568. 

within  placer  claim,  330. 
mill  site,  331,  709. 
mineral  patent  in  town  site,  1374. 
nonmetalliferous  substances,  332 
placer  claim,  329. 

patent,  563. 
town-site  patent,  1374. 
form  of,  662. 

and  sufficiency,  302,  711. 

for  coal  lands  in  Alaska,  886. 
of  adverse  claim,  440. 
group  of  claims  included,  323,  406. 

in  one  application,  323,  406. 
guano  deposits,  332. 
gypsum  deposits,  332. 
hearing,  813. 

as  to  character  of  railroad  lands,  1139. 

not  warranted,  1139. 

to  determine  character  of  land,  404. 

for  mill  site,  599. 
compliance  with  statute,  404. 
improvements  made  on  mill  site,  599. 
mineral  character  of  l^d,  314. 
regularity  of  publication,  294. 
set  aside  placer  patent,  567. 
heirs  not  required  to  prove  citizenship,  28. 
homesteader  entitled  to  restricted  patent,  813. 
improvements  made  under  prior  location  not  available,  345. 

on  one  of  group  must  aid  in  development  of  all,  349,  350. 
'  inclusion  of  surface  ground  on  both  sides  of  vein,  665. 

irr,egular  entry  permitted  to  stand,  393. 
irregularity  in  notice  not  cured  by  amnedment,  505. 
issuance  for  noncontiguous  tracts,  409. 

matter  between  Government  and  applicant,  402. 
junior  applicant,  305. 

as  adverse  claim,  306. 
Land  Department  can  not  waive  proof  of  notice,  369. 

determines  character  of  land,  294. 

mineral  character  of  land,  1375. 
sufficiency  of  adverse  claim,  441. 
lands  containing  mineral  plaint  rock  in  place,  324. 
of  Southern  Pacific,  1139. 

to  be  patented  must  be  covered  by  location,  320. 
lines  and  boundaries,  322. 
location  a  prerequisite,  308. 
lode  and  placer  claims  in  different  tracts,  568. 

not  included,  324. 
claim  and  contiguous  mill  site,  855. 
mill  site  together,  597. 
within  placer  limits,  410,  489. 
locator  may  adverse  mill-site  location,  476. 
mandatory  requirements,  583. 
method  of  ascertaining  boundaries  of  claim,  443. 
mill  site,  594. 

claimant  must  adverse,  442. 
claims,  597. 

denied  unless  mine  is  in  connection  with,  597. 
for  each  group  of  contiguous  claims,  605. 
located  with  lode  claim,  600. 
locations,  597. 
made  by  agent,  598. 
nonadjacent  to  lode  claim,  600. 


INDEX. 


1673 


PATENT  PROCEEDINGS— Continued. 

application  for  patent  mill  site,  nonminoral  land  as,  709. 

rights  lost  by  failure  to  adverse,  438. 
used  for  milling  purposes,  600. 

mining  purposes,  600. 
with  lode  claim,  600. 
within  railroad  lands  rejected,  607. 
with  lode  claims,  597. 
mineral  surveyor  disqualified  from  making,  338. 
mistake  of  register  as  to  status  of  applicant,  383. 

must  show  marking  on  ground  by  reference  to  objects  or  monuments,  321. 

lands  open  to  location,  303. 
naturalization  after  filing,  478. 

of  applicant  is  retroactive,  712. 
new  publication  may  be  ordered,  361. 
newspaper  designated  for  publication  of  notice,  713. 
no  adverse  in  absence  of  surface  conflict,  444. 
delay  in  absence  of  adverse  claim,  663. 
objections  because  of  town-site  application,  1374. 
noncontiguous  tracts  not  patentable,  324. 

on  both  sides  of  mill  site,  325. 
not  affected  by  suit  over  nonconflict  ground,  380. 
defeated  by  undelivered  deed,  306. 
permitted  for  lode  while  placer  patent  outstanding,  567. 
notice  of. 

adverse  claimants  must  observe,  375. 

applicant  must  give,  301,  307,  356,  665,  713. 

diagram  or  plat  necessary,  665. 

effect  of  errors  in,  368. 

failure  to  give,  369. 

for  mill  site  necessary,  598. 

form  of,  365. 

insufficiency  and  instances,  368. 

methods  of  giving,  358. 

manner  of  giving  in  Alaska,  886. 

must  accompany  application  with  plat,  303,  665. 

designate  adjoining  claim,  367,  368. 

show  claim  connected  witli  mineral  monument,  321. 
necessary  before  entry,  393. 
not  abridged  or  extended  by  applicant,  364. 
changed  by  amendment,  505. 
required  to  describe  claim,  367. 
places  of  posting,  358. 

plat  must  accompany  application,  303,  665. 
posted  by  register,  333. 
posting  and  proof,  665. 

in  register's  office,  360. 
proof  of  giving,  369. 
publication,  665. 

in  newspaper,  360. 
showing  conflict  area  eliminated,  327. 
signed  by  receiver,  361. 
sufficiency  of,  365. 
time  of  posting,  360. 
to  one  coowner  is  notice  to  all,  367. 
number  of  claims  in  Alaska  imlimited,  876. 

discoveries  to  sustain,  513. 
oath  administered  within  land  district,  675. 
by  applicant,  304,  583. 
not  required  under  original  act,  662. 
objections  from  third  party,  446. 

must  be  timely  made,  711. 
officer  before  whom  verifications  can  be  made,  583. 
official  survey  corrected  on  filing  adverse  claim,  443. 
opportunity  for  adverse  claim,  668. 
option  of  applicant,  663. 
56974°— Bull.  94,  pt  2—15  54 


1674 


INDEX. 


PATENT  PROCEEDINGS— Continued, 
application  for  patent,  order  of  time,  305. 

owner  of  lode  may  apply,  566. 
patent  for  lode  and  placer  claim,  330. 
part  of  claim,  384. 
relates  to  date  of  entry,  398. 
payment  of  cost  of  publication,  579. 

price  as  condition,  313. 
necessary,  313. 
with,  in  Alaska,  886, 
pending  under  prior  act  continued  and  rights  protected,  721. 
performance  of  annual  labor,  522. 

after,  334. 

statutory  requirements  necessary,  325,  522. 
place  of  filing,  289,  711. 

where  lands  are  in  two  districts,  302. 
posting,  358. 
placer  character  of  land,  330. 
location,  521,  708. 

in  different  land  districts,  711. 
patentee  not  required  to  adverse,  569. 
plat  accompanying  must  be  made  by  surveyor  general,  312. 
filed  with,  must  show  end  lines,  312. 
must  show  extent  of  conflict,  320. 
notice  of  posting,  311. 

of  survey  and  field  notes  to  accompany,  in  Alaska,  886. 
proof  of  posting,  370. 
required  to  be  filed,  311. 
position  of  claims  determined  by  surface  location,  321. 

possession,  236. 

affected  by  intersection  of  vein,  435. 
as  an  issue,  717. 
of  mill  site,  601. 
possessory  title  under  adverse  possessions,  551. 
posting  notice,  289,  304,  713. 

of,  in  land  ofBce  in  Alaska,  886. 
on  the  premises  in  Alaska,  886. 
proof  of,  370. 
practice  as  to  mill  site,  600. 

in  application  for  town-site  patent,  1380. 
relating  to,  334. 
prerequisites  to  patent  to  mill  site,  601, 
presumption  as  to  surface  location,  308, 

in  absence  of  adverse  claim,  307,  468. 
prevents  others  from  making,  305. 
primary  decision  on  by  local  officers,  292. 
priority,  305. 

proof  after  termination  of  adverse  suit,  492. 
as  against  town-site  patent,  1361. 

to  annual  labor  and  patent  expenditures,  354. 
boundaries  applies  to  placer  claims,  322. 
character  of  land,  709. 
improvements  under  original  act,  663. 
known  vein  after  placer  patent,  566. 
mineral  character  of  land,  313. 
sufficiency  of  discovery,  314. 
valuable  mineral  deposits,  317. 
value  of  minerals,  313. 
by  agent,  427. 

coowner  to  entitle  him  to  patent,  407. 
in  accordance  with  regulations,  583. 
insuflicient  as  to  mill  site,  603. 
made  after  expiration  of  period  of  publication,  355. 
must  include  notice  and  plat,  370, 

show  discovery  on  lands  described,  407. 
expenditures  for  benefit  of  claim,  355. 
,    .  -    ■  land  valuable  for  minerals,  6. 


INDEX. 


1675 


PATENT  PROCEEDINGS-Continued. 

application  for  patent  proof  of  abandonment  of  part  of  group  claim,  499. 

applicant's  failure  to  comply  with  statutes,  404. 

citizenship,  428,  711. 

compliance  with  requirements,  663. 

statutory  requirements,  306,  309. 
expenditure  prior  to  application  sufficient,  349. 
$500  upon  group  sufficient,  350. 
lode  within  placer  limits,  410. 
mill  site  used  with  lode  claim,  601. 
proper  person  to  make  affidavit,  304. 
protest  and  defense,  317. 
hearing,  1139. 
form  and  sufficiency,  386. 
in  absence  of  adverse  claim,  446. 
Protestant's  status,  446. 
publication  after  filing  adverse  claim,  720. 

in  accordance  with  practice  of  Department,  366. 
must  be  a  newspaper  nearest  claim,  713. 

with  knowledge  of  register,  713. 
of  notice,  289,  582. 

authorized  by  register,  713. 
in  newspaper  nearest  claim,  713. 
of,  in  newspaper  in  Alaska,  886. 
published  notice  must  all  be  in  one  paper,  713. 
purchased  claims  included,  534. 
purpose  of  requiring  plats,  311. 
qualifications  of  applicant,  300. 

to  make  entry  depend  on  State  laws,  391. 
members  of  association,  300,  301. 
quantity  of  land  included,  522. 

surface  ground  embraced,  711. 
quartz  claim,  nonmineral  lands,  and  town  lots  can  not  be  united,  407. 
reference  to  board  of  equitable  adjudication,  368,  854. 
refiling  pending  suit,  713. 

register  must  authorize  publication  of  notice,  713. 

passes  upon  regularity  of,  663. 
register's  duty  as  to,  663. 

discretion  as  to  publication  of  notice,  579. 
duty  to  designate  nearest  newspaper  for  publication,  713. 
rehearing,  333. 
rejection,  297,  567. 

by  Land  Department,  297. 
relinquished  ground  reverts  to  United  States,  327. 

lands  included  on  new  notice,  325. 
not  forfeited,  326. 
relinquishment  of  part  does  not  delay,  326. 

of  claim,  325. 
renewal  of,  and  effect,  303. 

permitted,  306. 
report  of  surveyor  as  evidence  of  mineral  character,  581. 
required  by  applicant,  307. 
requirement  as  to  mill  sites,  598,  601,  603,  606. 
resurvey  required,  580. 

to  obtain  correct  description,  322. 
right  of  applicant  to  certificate  of  purchase,  332. 
patent,  329,  332. 
to  hold  possession  after  dismissal,  127. 
possession,  300. 
rights  acquired  under  prior  act  not  impaired,  721. 
of  adjoining  claimant  not  adverse,  444. 
forfeited  on  failure  to  adverse,  437. 
loss  on  failure  to  adverse,  434. 
second  application  after  unreasonable  delay,  334. 

for  same  ground  not  allowed,  394. 
inclusion  of  land  prohibited,  328. 


1676 


INDEX. 


PATENT  PROCEEDINGS— Continued. 

application  for  patent  sending  to  board  of  equitable  adjudication  to  correct  mistakes  322, 
several  mill  sites  if  within  limited  acreage,  606. 
showing,  289. 

as  to  compliance  with  local  laws  and  customs,  662. 
known  lodes,  707. 

in  placers,  708. 

location,  300. 

of  boundaries,  322. 
lines,  322. 

mineral  deposits,  300. 

mining  purposes,  300. 

plat  and  notice,  300,  311,  370. 
size  of  lode  location  prior  to  placer  patent,  568. 
statute  as  to  verification  mandatory,  304. 
statutory  provisions  for,  663. 
stay  of  proceedings,  379. 

submission  to  board  of  equitable  adjudication,  308. 
sufficiency,  662,  711. 

of  adverse  claim,  441. 

to  stay  proceedings,  440. 
description,  321. 

of  claim,  320. 
for  known  vein  after  placer  patent,  566. 
notice,  321. 
protest,  386,  446. 
surface  lines  used  to  define  and  limit  property  rights,  305. 

of  coal  lands,  824. 
survey  by  interested  mineral  surveyors,  581. 

of  claim  required,  312. 
surveyor  general's  certificate  with  mill  site,  603. 
surrender  of  part  of  location,  405. 
suspension,  567. 

tie  line  fixing  locus  of  claim  essential,  321. 
time  of  filing,  377. 

town-site  patentee  should  adverse,  1361. 
two  not  permitted,  305, 
under  possession  for  period  of  limitation,  551. 
use  of  mill  site  for  mining  and  milling,  601. 
surface  lines,  305. 
water  on  mill  site,  604. 
useless  acts  not  required,  312. 
valid  claim  only  included,  323. 
variance  between,  and  location,  663. 

in  description,  663. 
veins  within  placer  limits,  330, 
verification  before  interested  officers,  585. 

proper  officer  in  land  district,  304, 583. 
by  corporation  before  its  officers,  584. 
in  manner  prescribed  by  statute,  583. 
within  land  district,  583. 
vested  right  on  payment  of  price,  396. 
waiver  of  rights  by  failure  to  prosecute,  334. 

on  failure  to  adverse,  437. 
water  claimant  not  required  to  adverse,  621. 
where  lode  claim  is  patented  within  town  site,  331. 
width  of  lode  claim  within  placer,  568. 
apply  to  placer  claims,  291. 
apportionment  of  improvements,  351. 
authority  of  land  officers,  292. 

Secretary  of  the  Interior,  293. 
by  coowner,  279, 
burden  of  proof,  317, 319. 
cancellation  of  entry,  398. 

annulled,  400. 

does  not  affect  possessory  title,  400. 
will  not  aid  other  applicants,  400. 


INDEX. 


1677 


PATENT  PROCEEDINGS— Continued. 

certificate  of  surveyor  general  as  to  improvements,  353. 

required,  338. 

climatic  condition  as  excuse  for  delay ,  439. 

coal  application,  affidavit  made  by  applicant,  728. 

amendment  of  entry  to  include  contiguous  tract,  729. 

applicants  chargeable  with  knowledge  of  regulations,  729. 

compliance  with  law  a  question  of  fact,  728. 

statutory  requirement  is  sufficient,  729. 

entire  tract  must  be  valuable  for  coal,  730. 

entries  in  one  body,  729. 

entry  by  legal  subdivision,  730. 
within  school  section,  729. 

evidences  of  good  faith,  729. 

forty  acres  smallest  legal  subdivision,  730. 

improvements  as  evidence  of  good  faith,  729. 

legal  subdivision  not  valuable  for  coal  excluded,  730. 

noncontiguous  tracts  not  enterable,  729. 

payment  of  price  at  time  of  entry  necessary,  729. 

need  not  accompany  application,  729. 

proof  and  tender  of  price  as  required  by  regulations,  729. 
showing  coal  in  each  40-acre  tract,  730. 
coal  lands  in  Alaska,  886. 

completion  and  entry  create  equitable  ownership,  396. 
conclusive  on  adverse  claimants  after  publication  period,  451. 

failure  to  adverse,  380. 
conclusiveness  of,  as  to  known  vein,  565. 
conditions  for  obtaining  patent,  289. 

inserted  in  patent,  667. 

precedent  to  entry,  392. 
conflict  as  to  junior  survey,  343. 
conflicting  claims,  665. 

controversy  between  lode  and  placer  claimants,  489. 

settled  before  issuance  of  patent,  402. 
coowner's  application,  279. 
cost  of  expenditures  as  basis,  355. 
courts  have  no  jurisdiction  in  absence  of  adverse,  488. 
delay  may  forfeit  right  to  location,  334. 
department  determines  performance  of  antecedent  steps,  294. 
deposit  for  expenses  and  fees,  666. 
description  of  claim,  320, 405, 663,  711. 

accuracy  required,  320. 

bordering  on  lake  or  stream,  320. 

connection  with  monuments,  321. 

survey,  321. 

description  required,  340. 

in  notice,  321. 

insufficient  description,  322. 

mistakes  in,  322. 

necessary  in  Alaska,  886. 

reference  to  monuments,  321, 

natural  objects,  321. 

where  surveys  conflict,  443. 
determination  of  department  conclusive  in,  295,  296. 
dismissal  as  to  conflict  ground,  384. 
disposal  of  miueral  lands,  291. 

doctrine  of  relation  as  applied  to  mineral  claimant  in  town  site,  1375. 
duty  of  Land  Department,  294. 

on  filing  adverse  claim,  488. 
easements  not  acquired  under,  402. 
effect  of  accepting  patent,  667. 

amendment  on  patent  application,  428. 

irregular  entry  ,393. 

judgment  rejecting,  297. 

payment  of  price,  396. 

priority  of  location  as  between  mineral  and  town-site  claimants,  1374. 
rejection  of  application,  297. 
on  dismissal  of  adverse  suit,  473. 


1678 


INDEX. 


PATENT  PROCEEDINGS— Continued, 
entry,  189,390. 

must  conform  to  the  judgment  in  adverse  suit,  487. 

not  canceled  for  want  of  conformity  to  survey,  543. 

of  noncontiguous  claims,  395. 
equitable  action  will  not  operate  as  stay,  719. 
erroneous  allowance  of  application,  314. 
errors  in  description,  342. 
exceptions  inserted  in  patent,  667. 
exclusion  of  conflict  area  as  waiver  of  rights,  326. 
exparte  in  nature,  291. 
expenses  of,  666. 

extent  of  ground  granted  to  applicant,  664. 
fail  if  judgment  against  both  parties,  500. 
failure  of  applicant  to  comply  with  mining  statutes,  378. 
have  survey,  343. 
senior  locator  to  adverse,  419. 
to  include  known  vein  or  lode,  564. 
prosecute,  552. 
fees  and  expenses,  666. 

of  register  and  receiver,  833. 
filing  application,  300, 
foundation  for  application,  311. 
governed  by  existing  statute,  710. 

Government  not  estopped  by  judgment  In  adverse  suit,  451. 
hearing  to  determine  character  of  land,  488. 

compliance  with  mining  statutes,  389. 

ordered,  294. 
improvements  certified  by  surveyor  general,  353. 
in  Philippine  Islands,  1058. 
instituted  in  proper  land  office,  300. 
issuance  a  judicial  determination  of  applicant's  rights,  411. 

of  patent  a  determination  of  controverted  questions,  411 
on  death  of  applicant,  301. 
pursuant  to  judgment,  493. 
joint  entry  limited  to  160  acres,  533. 

of  contiguous  claims,  532. 
judgment  against  both  parties  in  adverse  suit,  500. 
judicial  character  of,  295,  451. 
junior  survey  must  show  conflict,  343. 
jurisdiction  of  Land  Department,  292. 

Secretary  to  order  hearing,  293. 
to  settle  character  of  land,  372, 
Land  Department  determines  mineral  character  of  land,  315. 

possessory  title  of  applicant,  297 
questions,  294. 
suspends  on  filing  of  adverse  claim,  434. 
without  jurisdiction,  296. 
matters  to  be  passed  upon  by  Land  Department,  294. 
methods  for  obtaining  patent  to  mining  claim,  372, 

of  giving  notice,  358. 
mill  site,  annual  labor,  606. 

approval  of  application  on  exclusion  of  lode  claim,  710. 

effect  as  against  adverse  claimant,  709. 

insufficient  improvements,  603. 

land  for,  not  contiguous  to  lode  claim,  600. 

nonmineral  character  of  land,  598. 

notice  and  posting,  598. 

of  application  for  patent,  598. 
number  of,  605. 
patented  with  lode  claim,  597. 
performance  of  representation  work,  606. 

statutory  requirements,  606. 
proof  as  to  use  of,  600. 

of  expenditures  on  application,  710. 

nonmineral  character  on  application,  709. 
posting  notice,  598. 


INDEX. 


1679 


PATENT  PROCEEDINGS— Continued, 
mill  site,  proof  of  publication  of  notice,  598. 

quartz  mill  as  improvements,  603 
publication  of  notice,  598. 
quantity  of  land  for,  605. 
reduction  worlcs  as  improvements,  603. 
sufiiciencj'  of  improvements,  603. 
tunnel  as  use,  605. 
use  in  connection  with  tunnel,  605. 
of,  for  mining  purposes,  601. 

timber  for  mining  purposes,  605. 
water  for  mining  purposes,  604. 
mineral  character  of  land,  425. 

burden  of  proof  as  to,  317. 

after  surveyor's  return,  318. 
Department  determines,  315. 
determination  as  to,  315. 

conclusive,  316. 
proof  as  to  value  of  minerals,  314. 

of  mineral  springs  insufficient,  319. 
sufficiency  as  between  contestant,  316. 
surveyor's  return  as  to,  318. 
money  deposited  for  survey,  344. 
monuments  control  field  notes,  342. 
motion  to  dismiss  not  entertained  pending  suit,  380. 
nature  of  action  in  rem  and  binding,  451, 
claim  before  patent,  292. 
proceedings,  291. 
survey,  338. 
necessity  of  proof  of  discovery,  79. 
new  application  not  required  after  adverse  suit,  487 

proceedings  required  on  abandonment  of  old,  469. 
no  delay  in  absence  of  adverse  claim,  438. 
relation  to  easements,  402. 
relocation  after  application  and  entry,  268. 
stay  in  absence  of  surface  conflict,  445, 
number  of  mill  sites,  605, 
option  to  relocate  and  commence  anew,  663. 
order  and  priority,  305. 
patents  provided  for,  661, 
plat  certified  by  surveyor  general,  341. 
proof  of  posting,  300,  311,  370. 
with  survey,  340. 
placer  claims  same  as  lode,  509,  510. 
subject  to,  509, 
entry  not  vacated  on  protest,  388. 
powers  of  Land  Department,  294. 

to  reject  application,  297. 
waive  regularity,  293, 

practice,  292. 

after  termination  of  adverse  suit,  492. 

as  to  placer  claims,  329. 
premature  entry  sustained  if  entrymen  recovers  judgment,  487. 
presumption  in  absence  of  adverse  claim,  291. 
procedure  generally,  311, 
proceedings  in  rem,  291. 
proof  as  to  beneficial  character,  346. 
buildings,  347. 

particular  improvements,  347. 
jQ  Land  Department  after  adverse  suit,  485. 
necessary  after  judgment  in  adverse  suit,  493. 
of  character  of  lands,  314, 
citizenship  under  amendment,  502. 
compliance  with  statutory  requirements,  306. 
date  after  issuance  of  patent,  415. 
expenditures  for  group  claims,  349. 

pending  year,  353. 
outside  of  claim,  348, 


1680 


INDEX. 


PATENT  PROCEEDINGS— Continued, 
proof  required  after  adverse  suit,  483. 
protest,  189,  385. 

by  adverse  claimant,  383. 
Protestant's  rights,  385. 
provisions  for,  710. 

contest  in  application  for  patent,  710. 
patent  and  contest,  710. 
purpose  and  benefit,  710. 

of  section  2325,  290. 
quantity  of  land  for  mill  site,  005. 
questions  determined  by  Land  Department,  294. 
reference  to  board  of  equitable  adjudication,  394. 
refunding  deposits,  344. 
regulation  of  claim  before  patent,  292. 
rejection  of  application,,  297,  567. 
relate  to  surface  ground  only,  291. 
relocation  same  as  original,  403. 
remain  in  Land  Office  pending  adverse  suit,  4G3. 
requirements  after  judgment  on  adverse  suit,  486. 
right  to  intervene,  385. 

patent,  408. 

protest,  385. 

right?  acquired  by  strangers  in  case  of  delay,  335. 
scope  of  section  2325,  290. 
Secretary  of  Interior's  authority,  293. 
showing  as  to  expenditures,  354. 

improvements,  353. 
stay  of,  in  Land  Department,  438. 

on  filing  adverse  claims,  469,  470. 
till  applicant  perfects  title,  501. 
subterranean  rights  not  determined  in,  291. 
sufficiency  of  survey,  338. 
supported  by  affidavit,  563. 
surface  and  lode,  664. 
survey  and  monuments,  340. 

connected  with  public  survey,  342. 
as  evidence,  343. 
incorporated  in  patent,  343. 
of  adverse  claim,  343. 

claim  required,  337. 
on  patented  ground,  343. 

ordered  to  determine  conflict  with  homestead,  328. 
surveyor  general's  certificate  as  to  plat,  341. 
termination  of  jurisdiction,  297. 

on  judgment  against  both  parties,  501. 
time  of  making  plat,  340. 

proofs  of  expenditures  in  patent  proceedings,  355. 
survey,  340. 

title  perfected  after  judgment  against  applicant,  501. 
town-site  entryman  need  not  adverse,  446. 
tunnel  owner  not  necessary  party,  328. 
unreasonable  delay  in  prosecution,  334. 
vested  right  to  patent,  408. 
when  applicant  not  entitled  to  repayment,  466. 
PAYMENT. 

See  also  Coal  lands,  Entry,  Equitable  title,  Patent,  Price,  Repayment, 
certificate  of  deposit  not  received  for  coal  lands,  853. 
condition  precedent  to  entry  of  coal  lands,  748. 
failure  to  pay  for  coal  entry  within  time,  777. 
proof  of,  for  coal  entry,  777. 
refunded  on  erroneous  entry,  799. 
time  for  making,  for  coal  lands,  777,  785. 
of  making,  for  coal  entry,  777. 
PEDIS  POSSESSIO. 
See  Possessio  pedis. 


INDEX. 


1681 


PERCOLATING  WATER. 

See  also  Ajiproi^riation  of  water,  Desert  lands,  Water  rights. 

application  of  mining  statutes  to,  GU. 

appropriation  after  flowing  through  tunnel,  611,  G12. 

discovered  by  digging  well  and  protected,  613. 

easement  for,  613. 

no  right  of  appropriation,  611. 
PERJURY. 

See  also  Coal  entry,  Conspiracy,  Crime. 

in  application  to  purchase  stone  lands,  1319. 

indictment  based  on  coal  affidavit  before  notary  public,  7G3. 
PETROLEUM. 

See  Oil,  Oil  lands. 
PHILIPPINE  ISLAND  MINING  ACT. 

See  also  Mining  locations.  Mining  statutes. 

adverse  claims  provided  for,  1059. 

coal  claims,  10G7. 

locations  in,  10G3. 

limitation  of  mining  act,  1067. 

mining  locations  on  existing  claims,  1067. 

rights  in  Philippine  Islands,  1053, 1054. 

native  operations  respected,  1067. 

occupation  of  mining  claims,  1067. 

pin-chase  of  coal  claims,  1067. 

reference  to  conditions  prior  to  United  States  sovereignty,  1067. 
statute  of  limitations,  1067. 
PHOSPHATE. 

See  also  Mineral  deposits,  Mineral  lands,  Minerals,  Mining  locations,  Phosphate  lands.  Placer  locations 

act  protecting  discoverer  is  retroactive,  1221. 

application  of  protection  act  to  settlers,  1221. 

as  mineral,  81,  332,  518,  1216. 

as  vein  or  lode,  43, 

bone  as  guano,  332. 

burden  of  proof  as  to  knowledge  of  deposit,  1221. 
calcium,  521. 

deposits  not  in  form  of  vein  locatable  as  placer  claim,  519. 
entries  protected,  1221. 

improvements  required  to  obtain  patent,  332. 

location  and  patent,  332. 

lode  located  as  placer  claim,  521. 

location,  521. 
not  subject  to  entry  under  homestead  laws,  842. 
occupation  under  nonmineral  laws  after  discovery  of,  1221. 
placer  location,  521. 
reservation  and  location,  1051, 1052. 
right  of  discover  protected,  1221. 
withdrawal  for  classification,  1392. 
PHOSPHATE  LANDS. 

See  also  Mineral  lands,  Mining  locations.  Placer  locations,  Withdrawals. 

agricultural  entry,  1051. 

annual  labor  required  on  claims,  238. 

belief  in  existence  of  vein  not  knowledge,  561. 

burden  of  proof  as  to  known  vein,  562. 

settlers'  rights,  1221. 
discoveries  by  settlers  protected,  1221. 
doctrine  of  relation  applied  to  location,  535. 
excepted  from  railroad  grant  in  Alabama,  1265. 

Florida,  1265. 

selection  by  Idaho,  1050. 
settlers  protected,  1221. 

withdrawn  from  private  entry  for  classification,  1392. 
PIPE  LINES. 

See  also  Appropriation  of  land,  Common  carrier,  Corporations,  Oil  and  gas,  Rights  of  way. 
application  and  validity  of  statute  as  to  private  owners,  1072. 

regulating,  1071. 

of  amended  act,  1071. 

statute  to  persons  in  private  business,  1071. 


1682 


INDEX. 


PIPE  LINES— Continued. 

appropriation  of  land  in  Alaska,  883. 
combination  destroyed  by  act,  1070. 

Congress  may  empower  Secretary  of  Interior  to  grant  right  of  way,  1070. 
construction  of  amended  act,  1071. 
corporations,  883. 
for  oil  and  gas,  1068. 
Interstate  commerce,  1071. 
laid  under  supervision  of  Secretary, of  War,  1068, 
nature  of  ownership,  1072. 
oil  and  gas,  1068,  1070, 1073. 
over  public  domain  in  Arkansas,  1073. 
lands  in  Colorado,  1068. 

Wyoming,  1068. 
owner  as  common  carrier,  1071. 

power  of  Congress  to  compel  private  owners  to  be  carriers,  1072. 
private  ownership  and  use  not  a  monopoly,  1072. 

owners  not  common  carriers,  1072. 
purpose  of  act,  1070. 
regulation  of  for  oil  and  gas,  1070. 
right  of  way  for,  in  Alaska,  903,  1192. 

Arkansas,  1073. 
Colorado,  1068. 
for  mining  purposes,  1192. 
given  under  Ohio  River,  1068. 
rights  of  owners  of,  1072. 

private  owners^,  1072. 
Secretary  authorized  to  approve  location,  1069. 

grant  right  of  way  for,  1069. 
statute  regulating  does  not  deprive  other  producers  of  rights,  1072. 
void  as  a  taking  of  private  property,  1072. 

to  owners  doing  private  business,  1071. 
taxation  by  State,  1069. 
through  Indian  lands,  1009. 
transportation  of  oil,  1071. 

in  as  Interstate  Commerce,  1071. 

under  railroads,  1069. 
use  of  right  of  way  restricted,  1070. 
validity  of  amendatory  act,  1071. 
PITTSBURGH  STATION. 

See  also  Appropriations,  Bureau  of  Mines, 
branch  of  Bureau  of  Mines,  925. 
City  of  Pittsburgh  to  supply  water,  926. 
contribution  for  from  Pennsylvania,  927. 
fireproof  laboratories  and  buildings  for,  925. 
railroad  sidings,  925. 

transfer  of  land  by  Secretary  of  War,  925. 
PLACER  LOCATIONS  OR  CLAIMS. 

See  also  Adverse  claims,  Annual  labor,  Description,  Discovery,  Group  claims.  Known  veins  or  lodes. 
Lands  valuable  for  minerals,  Marking  location.  Mineral  deposits.  Minerals,  Mining  locations.  Mining 
statutes.  Oil  lands.  Patent,  Possessory  rights.  Stone  lands.  Subsequent  discovery  of  mineral,  Val- 
uable mineral  deposits, 
absence  from  and  effect,  545. 

temporarily,  545. 
of  mineral  and  right  of  agricultural  claimant,  842. 
proof  of  expenditures  will  not  vitiate,  345. 
acceptance  and  filing  of  application  for  patent,  523. 
acquisition  of  placer  ground,  509. 
acreage,  526,  707. 

and  lorm,  96. 
for  each  claimant,  707. 
locatable  by  association,  527. 
action  for  possession  and  extent  of  courts'  adjudication,  831. 
adjustment  of  relative  rights  of  lode  and  placer  claimants,  715. 
adverse  claim  by  lode  claimant,  570. 

proceedings  on  application  for  patent,  523. 


INDEX. 


1683 


PLACER  LOCATIONS  OR  CLAIMS— Continued, 
affidavit  of  absence  of  known  vein,  563. 

to  support  application  for  patent,  563. 
agricultural  lands,  53L 

containing  mineral  deposits,  51L 
included,  531. 

amended  application  to  include  discovered  lode  not  permitted,  563. 
amendment,  536. 

not  permitted  to  include  excessive  area,  536. 
annual  expenditures,  708. 

in  Alaska,  877. 

required,  707. 

labor,  546. 

not  required,  675. 

on  each  20  acres,  247. 
on  oil  claims,  1048. 

one  of  group  claims  in  Alaska,  1048. 
any  number  of  contiguous  claims  included  in  application,  522. 
application  and  practice,  521. 

for  lode  claim  after  placer  patent,  566. 
patent,  329. 

not  to  include  lode  claim,  324. 
not  amendable  to  include  excessive  area,  537. 
of  lode  laws  to,  509. 
mining  statutes  to,  508. 

requirement  to  conform  to  legal  subdivision,  543. 
section  2330,  526. 

State  statutes  requiring  stakes  set,  543. 
statutory  remedy  to  adverse  claims,  372. 
rejected,  567. 
suspended,  567. 
applicant  protected  after  payment  of  price,  708. 
apportionment  of  annual  labor,  546. 

improvements,  546. 
appropriation  of  water  in  Alaska,  620. 
area,  674,  707. 

and  acreage,  672. 

form,  655. 
limited  in  Alaska,  875. 
permitted  by  local  regulations,  707. 
under  Montana  statute,  674. 
as  a  segregation  of  parts  of  legal  subdivision,  531. 
asphaltum  lands,  532. 

association  can  not  locate  noncontiguous,  527. 
assumption  in  absence  of  adverse  claim,  382,  570. 
auriferous  cement  beatable  as,  674. 
authority  for  location  in  Alaska,  875. 
basis  of  entry,  523. 
beds  of  streams  as,  546. 
borax  locatable  as,  674. 

boundaries  not  changed  after  locator  appointed  surveyor,  539. 
required  to  be  marked,  513. 
of,  530. 
building  stone  as,  517. 
burden  of  proof  as  to  known  vein,  562. 
calcium  phosphate  located  as  placer,  521. 
can  not  exceed  160  acres,  527. 
certificate  of  surveyor  general  as  to,  338. 

expenditures,  522. 

citizenship  of  applicant,  523. 

claimant  entitled  to  conflict  ground  with  lode  claim,  557. 
classification  of  land,  522. 
codification  of  statutes  as  to,  672. 
coincidence  of  placer  and  lode  claims,  557. 
compliance  with  statute  necessary,  875. 
conclusive  effect  of  application  for  patent,  565. 


1684 


INDEX. 


PLACER  LOCATIONS  OR  CLAIMS— Continued, 
conclusiveness  of  application  as  to  known  vein,  565. 

on  failure  to  state  existence  of  vein  or  lode,  709. 

conflict  with  lode  claims,  158. 
conforming  to  legal  subdivision,  513,  673. 

surveys,  530. 
public  survey,  49,  514,  708. 

surveys  "as  near  as  practicable,"  514,  542. 
survey,  706. 

system  on  unsurveyed  lands,  544. 
of  survey,  672. 

consolidation,  532. 

of  claims  permitted,  532. 
construction  as  number  acres,  526. 

•of  mining  statutes  as  to,  517. 
section  2330,  526. 
2331,  534. 
contest  over  school  lands,  516. 

with  stone  claimant,  516. 
conveyance  by  coowner,  278. 
coowner  acquiring  title  by  conveyance,  278. 
corporation  as  individual  in  making  location,  538. 

limited  to  20  acres,  528. 
court  may  determine  validity  from  character  of  deposits,  467. 
definition  of,  508,  555. 
delay  in  patent  proceedings,  334. 
deposits  included  in  patent,  505. 

not  warranting  location,  520. 
subject  to  location,  674. 
warranting  location,  518. 
described  by  legal  subdivision,  541. 
description,  530. 

a  question  of  fact,  542. 
and  discovery,  528. 

survey  must  be  accurate,  320. 
at  variance  with  survey,  541. 
by  natural  object  or  permanent  monument,  526. 
conforming  to  legal  subdivisions,  443. 
in  application  for  patent,  329. 
of  deposits  in  patent  application,  329. 

known  lodes  within,  522. 
when  not  conforming  to  public  surveys,  530. 
designation  of  use  of  claim  not  required,  522. 
determination  of  adverse  claims,  372. 
difference  between,  and  lode  claim,  330,  554,  557. 
differs  from  lode,  555. 

discovery  after  transfer  will  not  validate  entire  tract,  535. 
essential,  95,  511,  529. 

to  patent,  510. 
validity  of,  65. 
must  show  value  for  mining,  73. 
of  mineral  essential,  511. 

gives  right  of  possession,  330. 
nonmetalliferous  ore  justifies,  68. 
placer  mineral  essential,  512. 
vein  within  insufficient,  512. 
on  each  20  acres,  513. 
one  subdivision,  529. 
subdivisions,  539. 
point  excluded,  514. 
sufficient  on  application  for  patent,  308. 
will  not  draw  nonmineral  subdivision,  533. 
ditches  not  patentable  as,  525. 
division  in  10-acre  tracts,  531. 

of  legal  subdivisions,  531. 
doctrine  of  relation  not  applied,  535. 
dummy  locators,  528. 


INDEX. 


PLACER  LOCATIONS  OR  CLAIMS— Continued, 
duty  of  surveyor  general  as  to  in  Alaska,  876. 

interested  person  to  adverse,  569. 
effect  as  against  homestead  entry,  842. 
of  acceptance  of  application,  523. 
accessibility  to  timber,  522. 

water,  522. 

conveyance  on  jurisdiction  of  department,  555. 

discovery  on  one  40-acre  tract,  533. 

excessive  area  in  Alaska,  876. 

filing  application  without  hearing,  523. 

inclusion  of  nonmineral  lands,  673. 

judgment  of  department  rejecting  application,  523. 

local  regulations  on,  707. 

nonplacer  ground  on  lode  claim,  331. 

patent,  409,  675. 

for  on  lode  claim,  310. 
renewal  of  application  on  known  vein  or  lode,  563. 
section  2329,  507. 
statute,  672, 

subsequent  discovery,  529. 
temporary  absence,  545. 
town-site  settlement  on,  1358. 
on  existing  lode  claims,  568. 
where  value  is  enhanced  by  timber,  522. 
entered  claims  excluded  from  application,  530. 
entire  acreage  not  acquired  by  single  discovery,  513. 
entry  and  patent,  509,  672. 

for  lodes  within  canceled,  523. 
of  stone  lands  as,  1328,  1330. 
on  by  prospector  a  trespass,  567. 

to  locate  vein  of  phosphate,  521. 
same  as  lode  claim,  509. 
equitable  owner  entitled  to  patent,  522. 
estate  granted  by  patent,  675. 
excessive  quantity  excluded,  514,  538. 
existence  of  vein  a  question  of  fact,  565. 
expenditures  required  on  separate  locations,  345. 
extent  and  sufficiency  of  discovery,  512. 
failure  of  lode  claimant  to  adverse,  437,  569,  576. 

one  of  several  lode  claimants  to  adverse,  576. 
to  include  known  vein  in  application,  564,  566,  575,  708. 

is  waiver,  564. 

false  affidavit  as  to  known  vein,  563,  571. 
5-acre  tracts  may  be  recognized,  531. 
force  of  mining  statute,  507. 
form  and  area,  95,  655. 

at  option  of  locator,  535. 

not  regulated  by  miners'  rules,  527. 

of  location,  513,  530,  538. 

in  Alaska,  876. 
forms  of  deposit  subject  to,  672. 
fraud  of  one  associate  will  not  invalidate  all,  527. 
fraudulent  for  obtaining  timber,  1346. 
freedom  in  locating  according  to  mining  ground,  707. 
ground  embraced  in,  512. 

locatable  as  determined  by  court,  467. 
holding  and  working,  674. 
homestead  and  mineral  claimants,  545. 
identification  of  lands  for  description,  521. 

imperfect  association  location  not  completed  by  one  associate,  529. 
impossible  of  location  on  surveyed  lands,  541. 
impossibility  of  conforming  to  survey,  542. 

in  Alaska,  543. 
improvements  for  patent  for  deposit  of  marble,  332. 

on  each  20  acres  in  Alaska,  875. 

20-acre  tract  not  available  for  all,  345. 


1686 


INDEX. 


PLACER  LOCATIONS  OR  CLAIMS— Continued, 
in  absence  of  adverse  claim,  382. 

Alaska,  875. 
included  in  association  claim  in  Alaska,  875. 
includes  all  forms  of  deposit  except  vein,  508,  517. 
inclusion  of  nonplacer  lands  in  10-acre  area,  531. 
individual  limited  to  20  acres,  527,  535. 
interposed  between  different  parts  of  quarter  section,  531. 
irregular,  515. 

in  Alaska,  515. 

placer  locator  not  protected,  515. 
tracts  patentable,  539. 
issuance  of  patent  terminates  jurisdiction  of  Land  Department,  409. 
joint  entry,  532. 

of  contiguous  claim,  674. 
subdivision  of  40  acres,  533. 
judgment  for  does  not  give  right  to  lode,  485. 

on  adverse  claim  conclusive,  484. 
judicial  notice  as  to  surveys  in  Alaska,  530. 

jurisdiction  of  Land  Department  terminates  on  issuing  patent,  409. 
knowledge  of  lode  in,  330. 

within  placer  limit,  1362. 

presumption  as  to,  560. 
record  of  lode  location  as,  562. 
theory  of  existence  of  vein  insufficient  as,  t 

tunnel,  561. 
known  vein  or  lode  outside  of,  560, 573. 
veins  excepted  from  patent,  95. 

no  bar  to  issuance  of  patent,  564. 
not  included  in  application  are  waived,  566. 
should  be  included  in  application,  564. 
labor  and  improvements  on  20-acre  tract,  345. 
Land  Department  may  inquire  as  to  placer  character,  330 
lands  containing  building  stone  locatable  as,  1161. 

not  included  in  application  not  patentable,  523. 
subject  to,  510. 

valuable  for  building  stone,  517. 

locatable  as,  1328. 
stone  enterable  as,  1328. 
laws  as  to  distinct  from  lode  laws,  672. 
legal  subdivisions,  531. 

of  40-acre  tracts  patentable,  531. 
length  and  width,  95. 

in  Alaska,  876. 
limekiln  not  credited  as  improvement,  347. 
limitations  on  area,  707. 

in  Alaska,  530. 
limited  to  160  acres,  528. 

40  acres  in  Alaska,  875. 
limits  defined  by  single  boundary  line,  513. 
lines  can  not  be  laid  on  existing  locations,  514. 
east  and  west  and  north  and  south,  545. 
laid  on  nonplacer  ground,  514. 
location  by  agent,  536. 

in  Alaska,  875. 
association,  527,  537. 
corporation,  528,  537. 
dummies,  528,  536. 

invalid,  536. 
individuals,  526. 
conforms  to  survey,  541. 
excluding  discovery  point,  514. 
in  narrow  strips  not  authorized,  541. 

violation  of  statute  void  in  Alaska,  875. 
on  lands  abandoned  by  lode  locators,  524. 
surveyed  lands,  673. 

and  unsurveyed  land,  706. 
unsurveyed  lands,  541, 673. 


INDEX. 


1687 


PLACER  LOCATIONS  OR  CLAIMS— Continued, 
locations  in  Alaska,  530. 

limited  in  Alaska,  876. 
on  school  lands,  516. 
State  lands,  516. 
town  site,  517. 
the  same  without  reference  to  kind  of  mineral,  509. 
locators  can  not  unite  for  benefit  of  one,  537. 

determine  the  part  to  exclude  if  excessive,  539. 
not  compelled  to  take  land  unfitted  for  mining,  635. 
lode  claimant  has  no  right  of  way  through,  555. 

must  adverse  application,  435,  569. 
claims  located  as  placer,  521. 
entry  not  permitted  within  limits,  1362. 
located  after  placer  patent,  567. 
location  within,  557. 
lodes  not  discovered  by  trespass  on,  524. 
reserved  from  placer  patent,  567. 
statutes  applicable  to,  509. 
within  placer  location,  53, 330. 
marking  boundaries,  543. 

on  ground,  543. 

when  on  surveyed  lands,  215, 216. 

location  and  boundary,  530. 
not  required,  513. 
maximum  area  defined,  674. 
meaning  of  "including  all  forms  of  deposit,"  517. 

"practicable,"  in  conforming  location  to  survey,  542. 
term,  508. 
method  of  acquiring,  509. 

mining  deposits,  555. 
mineral  character  determinable  from  10-acre  tract,  540. 

not  established  by  single  discovery,  540. 
of  placer  lands,  511. 
lands,  531. 

paint  rock  in  place  not  patented  as,  324. 
miners'  custom  regulated,  527. 

rules  as  to,  in  Alaska,  530. 
nature  and  forms  of  deposit,  517. 

in  absence  of  vein  or  lode,  556. 
of  deposit,  555. 

placer  and  lode  claims,  557. 
no  authority  for  placing  lines  on  patented  lands,  545. 
extralateral  rights,  510,  524. 

provision  for  obtaining  title  prior  to  mining  statutes,  656. 
riparian  rights  acquired  by  in  Alaska,  620. 
not  classified  as  nonmineral  land,  1154. 
included  in  town-site  patent,  1382. 
made  on  patented  State  lands,  516. 
subject  to  homestead  entry,  516. 

town-site  entry,  1357. 

notice  of,  516. 

number  locatable  in  Alaska  in  each  month,  876. 

calendar  month,  875. 
of  discoveries  required,  513. 

located  by  agent  in  Alaska,  875. 
object  of  section  2331,  534. 
objections  to  patent  in  absence  of  adverse,  382, 
of  stone  on  homestead  lands,  844. 
oil  land  locatable  as,  518, 1043,  1333. 

lands  enterable  as  such  in  Alaska,  1043. 

entered  and  improved  in  Alaska  may  be  patented  as,  1043. 
one  discovery  not  conclusive  as  to  entire  tract,  513. 

sufficient,  66,  513,  539,  1047. 
on  surveyed  lands,  540. 

unsurveyed  lands,  514,  544. 

must  conform  to  survey  system,  541, 


1688 


INDEX. 


PLACER  LOCATIONS  OR  CLAIMS— Continued. 

order  of  discovery  and  marking  boundaries  immaterial,  512. 
owner  of  kno^vn  lode  may  make  application,  566. 
ownership  not  presumed  from  possession  under  original  act,  655. 
of  lodes  within,  5. 

mineral  deposits  therein,  515. 
veins  or  lodes  within,  515. 

not  known  to  exist,  658. 
within,  523. 
particular  forms  of  deposit,  518. 
patent  for,  675. 

includes  all  the  mineral  within  limits,  675. 
relates  to  date  of  application,  570. 
to  placer  and  lode  claimants,  491,563. 
performance  of  annual  labor  on,  in  Alaska,  875. 

required,  238,522. 
persons  not  required  to  adverse,  569. 
phosphate  lands,  532. 

lode  located  as  placer,  521. 
placed  on  equality  with  lode  claims,  556. 
placer  and  agricultural  patents,  532. 
plat  required,  with  application  for  patent,  544. 

when  not  required,  543. 
pleading  adverse  claim,  570. 
possession  and  record,  528. 

of  association  claim,  528. 
possessory  rights,  515,  545,  655,  674. 
price  as  compared  with  lode  claim,  555. 

per  acre,  554. 
proceedings  for  patent,  510,  709. 
proof  as  to  absence  of  known  veins,  708. 

compliance  with  statute,  570. 
discovery  on  each  20  acres,  529. 
mineral  character  throughout,  531. 
sufficiency  of  discovery,  95. 
of  character  of  lands,  531. 
citizenship,  523. 

discovery  on  application  for  patent,  308. 
expenditures,  522. 
lode  claim  within  placer,  566. 
mineral  character,  510,511. 

of  other,  lands,  511. 
deposit,  511. 
performance  of  annual  labor,  522. 

statutory  requirements,  522. 
presence  of  valuable  mineral,  510. 
to  justify  patent  as  against  lode  claimant,  483. 
prosecution  of  patent  proceedings  in  Land  Of&ce,  522. 
prospecting  on,  for  lode,  524. 
protest  by  lode  claimant,  388. 
provisions  for  excepting  nonmineral  lands,  673. 

modified  as  to  conforming  public  survey,  673. 
perpetuated,  673. 
purchase  from  unqualified  person,  31. 
purpose  of  act  of  May  10,  1872,  706. 

association  location,  528. 

requirements  for  locations  on  surveyed  lands,  541. 
statute,  672. 
quantity  limited  to  association,  537. 

individual,  537. 
locatable,  534. 

by  association,  527. 
corporation,  538. 
individual,  526,  535. 

of  land,  522. 

where  locator  acts  for  single  company,  537. 
quarries  of  rock  valuable  for  building,  518. 


INDEX. 


1689 


PLACER  LOCATIONS  OR  CLAIMS— Continued, 
record  not  required,  515. 
rectangular  form  required,  544. 
regulation  of,  556. 

relative  rights  of  locator  and  town-lot  owner,  1362. 

lode  and  placer  claimants,  94. 
relocation,  515,  531. 

to  conform  with  legal  subdivisions,  515. 

where  boundaries  are  uncertain,  515. 
representation  work,  708. 

requirement  as  to  location  on  surveyed  lands  modified,  541. 

to  conform  to  survey  modified,  543. 
reservation  of  known  lodes,  567, 708. 
right  of  possession  to  vein  or  lode  within  limits,  330. 
to  cut  timber  on,  for  mining  purposes,  1346. 
known  veins  waived,  564. 
patent  on  payment  of  price,  570. 
surface  conflict  grotmd,  557. 
rights  of  discoverer  of  vein  within,  330. 
placer  and  lode  claimants,  569. 
conferred  by  patent,  154. 
conflicting  with  town-site  claimants,  517. 
of  homestead  and  mineral  claimants,  545. 

innocent  locators  joined  with  dummy,  536, 537. 
lode  claimant  within,  557. 
mineral  and  homestead  claimants,  545. 
patentee,  409. 

placer  and  lode  claimants,  554. 

to  patents,  310. 
town-site  occupants  upon,  1380. 
rule  of  approximation  applied,  527. 
sale  and  acquisition,  533. 
saline  lands  not  enterable  as,  690. 
salines  and  salt  deposits  locatable  as,  1214. 
salt  deposits  not  subject  to,  1210. 
lands  not  enterable  as,  690. 
springs  in  Alaska  locatable  as,  1213. 
segregation  of  agricultural  and  mineral  lands,  532. 
shoestring  location,  538. 
showing  as  to  existence  of  vein,  563. 

known  vein  or  lode,  563,  708. 
lode  claim  within  placer,  568. 
single  discovery  does  not  establish  mineral  character  of  entire  tract,  540. 
to  each  location,  66. 

will  not  include  nonmineral  subdivisions ,  540 

size  of,  674. 

regulated  by  local  laws,  674. 
slate  locatable  as,  674. 
statute  requires  by  one  discovery,  66. 
stone  lands  locatable  as,  1311. 

quarry  is  not,  1314. 
streams  as,  546. 

subdivision  into  10-acre  tracts  to  exclude  nonmineral  lands,  673. 

of  40-acre  tract  authorized,  674. 
subject  to  entry  for  town-site  purposes,  1369. 

vested  water  rights,  676. 
subsequent  discovery  of  vein  or  lode,  576. 

will  not  validate  improper  location,  529. 
sufficiency  of  application,  521. 

discovery,  392,  529. 

in  Alaska,  512. 
on  subdivisions,  539. 
surface  essential  to  development,  516. 
lines  on  existing  locations,  514. 
marking  of  lode  claim  as  knowledge,  330. 
surveyed  and  unsurveyed  lands,  530. 

56974° — Bull.  94,  pt  2—15  55 


1690 


INDEX. 


PLACER  LOCATIONS  OR  CLAIMS— Continued, 
survey  not  required,  543. 

required,  544. 
tailings  impounded  as,  516. 
ten-acre  legal  subdivision,  527. 

subdivisional  surveys,  515. 
tracts  as  units  as  to  mineral  character,  540. 
term  applied  to  aU  placer  locations,  509. 
theory  of  association  claim,  528. 
time  of  performing  annual  labor  in  Alaska,  877. 

when  known  vein  is  important,  564. 
title  acquired  by  coowner,  279. 

to,  quieted  as  against  town-site  claimant,  1373. 
unknown  veins  passes  to  patentee,  564,  572. 
town-site  claims,  517. 

tract  of  land  located  for  sake  of  mineral  deposit,  609. 
transfer  to  one  associate  before  discovery,  535. 
trespass  not  justified  because  excessive,  539. 
trespasser  can  not  locate  lode  within,  95. 
trespassers  on,  516. 
triangular  tracts  patentable,  538. 
unpatented  location,  516. 
unsurveyed  lands,  544. 
use  as  a  town  site,  1355. 
of  claim,  522. 
timber  for  mining  purposes,  1346. 
water  upon,  612. 
validity,  655. 

of  lodo  location  within,  465. 
patent,  670. 
value  enhanced  by  timber,  622. 

of  improvements,  546. 
vein  not  known,  565. 

of  phosphate  improperly  located  as  placer  claim,  521. 
or  lode  existing  in,  556. 
acquired  by,  94. 
not  acquired  as,  96. 

located  as,  94. 
within,  558. 
within  placer  limits,  657. 
void  as  to  excessive  area,  538. 
waiver  of  right  to  known  vein,  564. 
water  easements  not  changed  or  enlarged,  625. 
what  constitutes  knowledge  of  vein,  560. 
when  plat  required  with,  544. 

survey  required,  544. 
width  of  lode  claim  within  placer,  330,  331,  568. 
work  to  discover  vein,  242. 
workings  above  ground  as  mine,  915. 
PLACER  MINING  STATUTES. 

See  also  Mining  statutes.  Timber  and  stone  act. 

application  to  placer  deposits,  557. 

lands  located  for  building  stone  under,  1333. 

valuable  for  stone  entered  under,  1152. 
stone  land  act  as,  1328. 
PLACER  PATENT. 

See  also  Patent,  Patent  proceedings, 
effect  as  against  town-site  entry,  1362. 
proceedings  for  obtaining,  291. 
showing  as  to  good  faith  of  applicant,  1333. 
PLACERVILLE  &  SACRAMENTO  RAILROAD  CO. 

See  Railroad  grants. 
PLAT. 

See  also  Adverse  claims.  Description,  Diagram,  Mining  locations,  Survey. 

adverse  claimant  must  file,  376. 

connection  with  survey,  341. 

correctness  certified  by  surveyor  general,  341, 


INDEX. 


1691 


PLAT— Continued. 

duty  of  survoyor  gonenil  to  mako,  850. 
effect  as  proof  of  mineral  cliaractor,  16. 
filing  with  adverse  claims,  442. 

application  for  patent,  289,  306,  341. 
must  show  boundaries  and  conflict,  340. 
nature  and  purpose,  312. 
posting  in  land  office  in  Alaska,  886. 

of  coal  location  in  Alaska,  886. 
on  claim,  289,  358. 
proof  of  posting,  289,  300,  311,  370. 
pm-pose  of  requirement  as  to  filing,  544. 
required  in  application  for  patent,  712. 
patent  proceedings,  340. 
with  placer  location  on  surveyed  lands,  544. 
showing  as  to  end  lines,  312. 

sufficiency  when  filed  with  application  for  patent,  311. 
survey  of  coal  location  in  Alaska,  886. 
surveyor  general  to  make,  289. 

surveyor's  notations  as  to  salines  do  not  create  reservations,  849. 

not^s  incorporated  in,  851. 
time  for  filing  segregation  plat  of  coal  location,  769. 

making,  340. 
when  required  with  placer  application,  544. 
PLEADING  AND  PRACTICE. 

See  also  Actioas,  Actions  on  adverse  claims,  Appeal,  Contestants,  Intervention,  Land  Department, 

Patent  proceedings, 
adverse  proceedings,  497. 
appeal,  389. 

from  register,  717. 
applicant  for  placer  patent,  521. 
application  for  patent  under  adverse  possession,  551. 
defense  in  adverse  proceedings,  499. 
duty  of  Land  Department  as  to  adverse  claims,  718. 
enforcing  miner's  lien  in  Alaska,  881. 
in  adverse  proceedings,  497. 
patent  proceedings,  300,  329. 
proceedings  on  adverse  claims,  383,  475. 
protest,  385. 
protestant,  718. 

sufficiency  of  answer  In  adverse  proceedings,  478. 
POLICY  OF  GOVERNMENT. 

See  also  Coal  lands,  Lead  mines,  Mineral  lands.  Minerals,  Mining  locations.  Mining  statutes,  Salines 

Salt  springs,  Timber, 
as  to  coal  lands,  787. 

mineral  lands,  2,  787,  1114. 

minerals,  1206. 

mining,  102. 

locations,  182. 

reserving  lead  mines,  1244. 

salines,  787,  1206,  1211. 

salt  springs,  1211. 

swinging  claims,  182. 
change  of,  as  to  salines  and  salt  springs,  1211. 
coal  lands  as  mineral  lands  within,  1183. 
dealing  with  mineral  deposits  on  Indian  allotments,  1185. 
exclusion  of  mineral  lands  from  railroad  grant,  1114. 
encouragement  of  mining,  10. 
mineral  excluded  from  railroad  grants,  1108. 

lands  excluded  from  railroad  grant,  1108,  1183. 
not  disclosed  by  Alabama  grant,  1250. 

possession  of  mining  claim  without  expenditures  against,  235. 
protection  of  mineral  interests,  638. 
reservation  of  minerals,  1297. 
saline  deposits  reserved,  1206. 

salines  and  salt  lands  reserved  from  settlement,  1202. 
salt  springs  reserved  by,  1195. 


1692 


INDEX. 


POLICY  OF  GOVERNMENT— Continued, 
to  exclude  mineral  lands  from  grants,  1247. 

minerals  from  railroad  grants,  1108. 
encourage  mining,  102. 
protect  minerals,  1312. 
timber,  1312. 
PORTERFIELD  WARRANTS. 

location  of  private  land  claims,  1078. 
mill  site  enterable  with,  597. 
mineral  lands  not  subject  to,  690. 
not  receivable  for  mineral  lands,  690. 
POSSESSION. 

See  also  Abandonment,  Actions,  Adverse  possession.  Mining  locations.  Placer  locations,  Possessio 

pedis.  Possessory  rights.  Trespass, 
abandonment  and  forfeiture,  256. 
action  for,  by  person  out  of,  451. 
actual  not  required  of  mining  claims,  185. 

of  mining  location  not  required,  24. 
adverse  possession  for  period  of  limitations,  548. 
as  an  issue  in  an  action  on  adverse  claims,  717. 
basis  of  preference  right  to  coal  purchase,  756. 
prima  facie  evidence  of  title,  703. 
association  claim,  528. 
awarded  by  suit  on  adverse  claim,  429. 
basis  of  right  to  patent,  403. 
break  in  possessory  title,  549. 
by  applicant  for  coal  entry,  756. 

one  coowner,  272,  273. 
coal  lands,  766. 

location,  766. 
conditioned  on  expendit vires,  235. 
conditions  for  maintaining  or  defending,  122. 
dependent  on  compliance  with  statutory  requirements,  122. 

performance  of  conditions,  114. 
depends  on  performance  of  annual  work,  187. 

valid  location,  184. 
determination  by  suit  on  adverse  claim,  429. 
determined  by  local  custom  or  rules  of  mining,  551. 
effect  of  general  finding  of  court  as  to  right  of,  873. 
effect  on,  of  record  of  location,  701. 
evidence  to  disprove  ownership  and  right,  121. 
exclusive  as  equitable  title,  115. 
of  surface  ground,  25. 
right  of,  102. 

by  locator,  25. 

locator  extends  to  all  veins,  128. 
extends  to  boundary  lines  of  claim  as  marked,  115. 

entire  claim,  185, 186. 

every  part  of  claim,  119. 
extent  of,  as  to  surface,  114. 

for  mining  purposes  as  against  United  States,  1361. 
given  and  protected  by  mining  statutes,  644. 
gives  right  to  mine  and  take  ore,  115. 
good  as  against  peaceable  entry,  92. 
incident  to  location,  25. 
includes  rights  of  others  to  prospect,  52. 
intended  for  carrying  on  mining  operations,  116. 
jurisdiction  of  courts  to  determine  right  to,  462. 
location  and  performance  of  manual  labor  as  basis  of,  113. 
locator's,  can  not  be  disregarded,  704. 
right  as  against  intruder,  116. 
to  exclusive,  117, 118. 
possessio  pedis,  117. 

lodes,  102. 

marking  boundaries  necessary  if  not  actual,  206. 
may  ripen  to  perfect  right,  186. 
meaning  as  applied  to  mining  statutes,.  1358. 
of  "exclusive  enjoyment,"  116. 


INDEX. 


POSSESSION— Continued, 
means  occupation,  25. 
mere  performance  of  acts  insufficient,  93. 
mineral  claimant  protected  in,  1358. 

veins  in  town  sites  in  Alaska,  1379. 
miners  protected  in,  789. 
mining  claims  in  Alaska,  874,  908. 

location  without  patent,  654. 
no  rights  acquired  as  against,  92. 

not  affected  by  right  of  way  through  intersecting  points,  592. 
obtained  pursuant  to  mining  rules  and  customs,  185. 
of  coal  mine  ia  Alaska,  889. 
mill  site,  596. 

mineral  lands  authorized  by  mining  statutes,  36. 

veins  acquired  by  location,  50. 
minerals  separable  from  fee,  114. 

while  paramount  title  is  in  United  States,  114. 
mining  claimants'  on  town  sites  protected,  1359. 
location  for  10  years  in  Alaska,  908. 
keeps  title  alive,  21. 
part  as  right  to  whole,  186. 
surface  as  evidence  of  title,  121. 
gives  right  to  veins,  139. 
is  of  all  veins,  119. 
of  claim  before  discovery,  57. 
vein,  121. 

carries  underground  rights,  113. 
overlapping  locations,  57. 
ownership  not  presumed  from,  655. 
period  equal  to  statute  limitations,  547. 
physical  not  required,  187. 
presumption  as  to  ownership,  186. 
prevents  intruder  from  acquiring  rights,  92. 

locations  by  others,  89, 
prior  location  and  occupation  give  right,  831. 
priority  of  discovery  determines  right  of,  72. 
proof  of  as  presumptive  of  ownership,  131. 

discovery  sufficient  to  maintain,  79. 
sufficient  against  trespass,  117. 
suflBcient  to  maintain,  93. 

suit  for,  122,  441. 
show  trespass,  122. 
to  recover,  703. 

sustain  action  for,  122,  441. 
protected  against  secret  underground  workings,  121, 

by  State  statutes  while  completing  location,  192. 
provisions  for  determining,  715, 
questions  involved,  551, 
recognized  as  security  of  title,  92. 

right  depends  on  compliance  with  local  laws  and  rules,  186. 

statute,  186. 
not  divested  by  removal  of  monuments,  92. 
of  determined  by  adverse  claim,  431. 

local  custom,  194. 
in  action  on  adverse  claims,  462. 
exclusive  as  property,  122. 
person  in  as  against  patent,  162. 
recovery  in  Alaska,  908. 
superior  to  town-site  patent,  118. 
to  maintain  as  against  patent,  185. 
and  defend,  121. 
not  nullified  by  reservation,  105. 
subject  to  paramount  sovereignty  of  United  States,  186. 
sufficient  to  maintain  title,  188. 
supported  by  proper  action,  121. 
surface,  102, 

sustained  by  proof  of  annual  labor,  93. 


1694 


INDEX. 


POSSESSION— Continued. 

title  to  mining  claims  determined  by  law  of,  832. 

in  Alaska,  890. 

veins,  102. 
POSSESSIO  PEDIS. 

See  also  Mining  locations,  Possession,  Possessory  rights,  Trespass. 

extent  and  meaning,  117. 

miner  protected  until  discovery,  93. 

miner's  right  to  working  place,  93. 

must  yield  to  valid  discovery,  117, 

proof  of  before  patent,  118. 

prospector  protected,  90. 

right  to  defend,  117. 

when  locator's  right  does  not  extend  beyond,  118. 
POSSESSORY  ACTION. 

See  also  Actions,  Actions  on  adverse  claims,  Actions  to  quiet  title,  Possession,  Possessory  rights. 

actions  for  possession,  831. 

adjudged  by  law  of  possession,  831. 

brought  to  establish  equitable  title,  831. 

construction  and  effect  of  section  910,  831. 

for  mining  claim  not  effected  by  Government's  title,  831. 

in  State  court  for  mining  claim,  832. 

mineral  claimant  may  maintain  notwithstanding  superior  title,  1089. 
not  affected  by  superior  legal  title,  1089. 
questions  determined  in,  831. 
recovery  of  mining  title,  831. 

placer  claim,  831. 
POSSESSORY  RIGHTS. 

See  also  Abandonment,  Annual  labor.  Forfeiture,  Mining  locations,  Possession,  Possessory  title,  Sur- 
face rights.  Trespass, 
absence  from  placer  location,  545. 
acquired  by  location,  112. 

prior  to  1872  protected,  629. 
action  to  maintain  under  Nevada  statute,  311, 
adjoining  claim  sold  subject  to,  655, 
adverse  claims  to  settle,  372. 

annual  labor  not  required  to  sustain  under  original  act,  653. 
as  equitable  title,  115. 

evidence  of  title,  703. 

mining  title,  1089. 

property,  122, 123. 

real  property,  124. 
assigns  and  heirs,  126. 
based  on  local  customs  protected,  609. 

valid  locations,  515, 
basis  of,  92. 

conditions  as  to  possession  and  ownership,  187. 
construction,  110. 

continuance  without  performance  of  labor,  282. 
continuation  for  indefinite  time,  185. 
continues  during  life  of  location,  114. 
coowner  forfeits,  276. 

depends  on  proof  of  performance  of  work  within  time,  252, 
determined  by  court  in  adverse  suit,  384. 

local  customs  or  rules,  551. 
effect  of  absence  from  location,  545, 

location  statute.  111. 

title  in  United  States,  1089. 
on  of  conflicting  locations,  183. 
end  lines  as  limitation  on,  102. 
essential  to  patent,  309. 
estate  and  nature,  702. 
exclusive  right,  114. 

extent  and  purpose  of  surface  possession,  116, 
of  possession,  120, 

surface  ownership,  120. 
gives  no  estate  as  against  United  States,  124, 


INDEX. 


1695 


POSSESSORY  RIGHTS-Continued. 
grant  by  statute,  112. 
granted  by  mining  statutes,  113. 
heirs  and  assigns,  126. 
improvements  required  to  maintain,  93. 
intruder  acquires  rights  as  against,  116. 
jurisdiction  of  Federal  courts,  34. 
limited  by  vertical  planes  of  end  lines,  102. 
location  as  a  grant,  112. 

property,  122. 

rights,  110. 

statutes,  111. 
locations  not  set  apart  for  public  use,  127. 
locator  not  required  to  obtain  patent,  127. 

purchase,  127. 

locator's  rights,  24,  102. 
lost  by  abandonment,  92. 

relocation  under  peaceable  entry,  311. 
meaning  of  mining  title,  1089. 
miner's  rights  in  town  sites,  1354. 
mining  location,  102. 

as  real  property,  124. 
locator  protected  in,  25. 
nature  of,  702,  1089. 

location  as  property,  122. 
not  affected  by  rejecting  application  for  patent,  523. 

divested  by  establishment  of  military  reservation,  127. 
impaired,  629. 
set  aside  for  public  use,  127. 
object  of  statute,  111. 
of  mining  claim,  184. 

vein  beneath  surface  not  an  adverse  claim,  669. 
ownership  acquired  by  location,  112. 

and  possession  of  surface,  120. 
of  surface  and  veins,  119. 
paramount  title  of  the  United  States,  1089. 
patent  not  required,  127. 
placer  locator,  674. 

location,  515,  655. 
possessio  pedis,  117. 
possession,  how  far  essential,  91. 
of  surface,  114. 
protection,  120. 

right  to  maintain  and  defend,  121. 

superior  to  town-site  patent,  118. 

without  purchase,  188. 
preliminary  act  of  location  as  basis,  92. 
prior  rights  protected,  118. 
priority  of  right,  120. 

prolonged  indefinitely  by  performing  labor,  237. 
proof  to  establish,  188. 
protected  by  annual  expenditures,  345. 
purchase  and  patent,  127. 

question  determined  in  action  on  adverse  claim,  462. 
recognized  by  Government  before  mining  statutes  enacted,  636. 
recovery  of  mining  claim  in  Alaska,  909. 

title,  1089. 
right  as  against  intruder,  116. 

town-site  patent,  118. 
of  patentee  as  against  old  location,  162. 
to  maintain  and  defend  location,  186. 
or  defend,  121. 
mine  ores,  123. 
rights  of  assigns,  126. 
heirs,  126. 
protected,  118. 
sale  and  transfer,  124. 


1696 


INDEX. 


POSSESSORY  RIGHTS— Continued, 
sale  on  execution,  123. 
subject  to  subsurface  entry  of  another,  135. 
sufficient  as  against  trespass,  160. 
superior  to  town-site  patent,  118. 
surface,  102. 

and  veins,  119. 

ownership  and  possession,  119. 
possession,  114. 

protected,  120. 

right  as  against  intruder,  116. 
statute  of  frauds,  124. 

limitations,  125. 
tailings  subject  to,  516. 

termination  by  failure  to  comply  with  statute,  185. 
temporary  absence  from  claim,  545. 
title  acquired  by  possession,  125. 
transfer  to  person  not  qualified,  30,  31. 

under  adverse  possession  determined  by  local  customs  or  rules,  551. 
valuable  as  estates  granted  by  patent,  123. 
will  support  ejectment,  704. 
POSSESSORY  TITLE. 

See  also  Actions,  Actions  to  quiet  title,  Adverse  possessions,  Forfeiture,  Mining  locations,  Possession 

Possessory  actions.  Sale,  Statute  of  limitations,  Title,  Trespass,  ' 
acquired  by  adverse  possession,  547. 

valid  location,  115. 
adverse  claim  to  protect,  435. 
as  against  patent,  185. 

lowest  grade  known  to  mining  law,  185. 

real  estate,  644. 
break  in  adverse  possession,  549. 
by  adverse  possession,  548. 
compliance  with  conditions  essential  to,  703. 
conditional  one,  185, 
conditions  supporting,  254. 
conveyance  in  writing,  125. 
defeated  by  failure  to  perform  annual  work,  187, 
depends  on  annual  expenditure,  185. 

performance  of  condition,  185, 
right  of  possession,  408, 
effect  of  adverse  claims  on,  553, 
equitable  owner,  121, 
equivalent  to  patent,  412, 
extent  and  rights,  25, 

forfeiture  on  failure  to  perform  conditions,  254. 
includes  all  veins  within  surface  lines,  120. 

exclusive  right  to  property  in  the  mineral,  25. 
right  to  defend  possession,  25. 
work  the  claim,  25. 
Is  not  absolute,  187, 
legal  in  character,  120, 
mining  location,  644, 

as  real  estate  in  Montana,  701. 
held  by,  188. 
necessity  for  written  transfer,  125, 
no  conflict  with  title  acquired  by  purchase,  185, 
not  affected  by  cancellation  of  entry,  400. 

rights  on  intersecting  veins,  112. 
an  interest  in  land,  91. 

disturbed  by  provisions  as  to  intersecting  veins,  586. 

real  estate,  91. 
patent  may  issue  in  absence  of  adverse  claim,  553. 
possessory  rights  and,  184, 

property  that  may  be  sold,  mortgaged,  or  inherited,  122. 
protected,  91. 

recognized  by  courts  and  Land  Department,  165. 
rock  salt  and  salines  held  by,  1214, 


INDEX. 


1697 


POSSESSORY  TITLE— Continued. 

sufTicient  as  basis  for  patent,  502. 

superior  to  town-site  rights,  790. 

to  mineral  lands,  402. 

transfer  in  writing,  125. 

of  possession,  91. 

verbal  sale,  91. 
POTASH. 

See  also  Mineral  deposits.  Minerals. 

reservation  and  location,  1051,  1052. 
POWER  OF  ATTORNEY. 

See  also  Agent,  Alaska,  Coal  locations,  Mining  locations. 

necessary  for  agent  making  mining  locations  in  Alaska,  876. 
PRACTICE. 

See  Patent  proceedings. 
PREEMPTION. 

See  also  Agricultural  claimant.  Coal  lands.  Mineral  lands.  Public  lands,  Settlers'  relief  act. 
application  to  coal  entries,  752. 

preference  rights  as  to  ceded  Indian  lands,  967. 
as  to  mineral  character  of  land  after  patent,  1177. 
claim  subject  to  water  rights,  676. 
coal  lands  excluded,  787. 

subject  to,  726. 
effect  of  repeal,  839. 

as  to  mineral  lands  and  known  mines,  1225. 
entry  not  defeated  without  proof  of  known  mine,  841. 

of  mines  and  salines  not  permitted,  1201. 
extended  to  public  lands,  1088. 

survey,  1088. 
first  act  prohibiting  as  to  mineral  lands,  1201. 
forcible  intrusion  on  cultivated  lands  gives  no  right,  1088. 
lands  containing  salines  or  mines  not  subject  to,  834. 
mineral  lands  excepted  from,  1259. 

statute,  839. 
reserved  from,  1202. 
not  subject  to,  1088. 
mines  excepted  from,  1203. 

no  preemptive  rights  initiated  on  lands  occupied,  1174. 

not  extended  to  coal-land  entries,  1227. 

proof  of  mineral  character  to  defeat  entry,  34. 

repeal  as  to  known  mines  or  salines,  1225. 

right  as  against  unsupported  mineral  character  of  land,  845. 

of,  secured  by  peaceable  occupation,  1088. 
salines  excepted  from,  1203. 
water  rights  superior  to  preemption  claim,  676. 
PREFERENCE  RIGHTS. 

See  also  Coal  entry.  Coal  mine,  Declaratory  statement,  Entry,  Patent,  Price,  Purchase,  Title, 
accrues  to  persons  opening  and  improving  coal  mine,  756. 
actual  possession  of  coal  mine  essential,  755. 
agent's  possession  inures  to  principal,  756. 
application  for  entry  for  coal  lands,  728,  730. 
as  between  agricultural  and  mineral  entrymen,  846. 
to  agricultural  lands,  846. 

cash  entries,  731. 
assignment,  760. 

based  on  priority  of  possession  and  improvements,  756. 
basis  for  entry  of  coal  lands,  730. 
coal  entry,  755. 

lands  in  reservation,  1178. 

open  to  purchase  without,  731. 
mine  as  a  condition  to,  757. 
commencement  of  60-day  period  for  filing  declaratory  statement,  768. 
condition  precedent  to  coal  entry,  758. 

to  first  right  to  purchaser,  758. 
good  faith  of  entryman,  759. 
improvements  on  coal  mine,  759. 
labor  and  improvements,  759. 


1698 


INDEX. 


PREFERENCE  RIGHTS— Continued. 

construction  of  proviso  as  to  coal  mine,  757. 

continuation  by  filing  declaratory  statement,  757. 

declaratory  statement  as  notice  of,  762. 

distinction  between,  and  coal  entry,  756. 

effect  of  failure  to  file  declaratory  statement  in  time,  763. 

entry  in  violation  of  statute  not  permitted,  755. 

of  coal  lands,  730,  752. 
essential  elements  of,  755. 
exclusiveness  of,  756. 

expiration  of  time  for  proof  and  payment,  766. 
filing  claims  after  township  plat  is  on  file,  768. 
declaratory  statement  continues,  766. 

must  follow,  756. 
only  does  not  give,  756. 
papers  within  60  days  after  possession,  768. 
formal  opening  and  improving  coal  mine  insufficient,  759. 
good  faith  required,  756. 
improving  coal  mine  essential  to,  755,  757. 
lost  on  failure  to  give  notice  or  pay,  770. 
meaning  and  application  to  coal  lands,  755. 

of  term,  755. 
nature  of,  765. 

no  relation  to  price  of  coal  land,  765. 
not  acquired  by  expenditures,  759. 
of  coal  entry  as  against  prior  cash  entry,  756. 
entrj',  846. 

opening  and  improving  coal  mine  as  condition  precedent,  758. 

coal  mine  necessary  to,  755,  757. 
person  entitled  to  as  to  coal  lands,  759. 

obtaining  cancellation  of  mineral  application  entitled  to,  846. 
possession  by  applicant  necessary,  756. 
preemption  entry  as  to  ceded  Indian  lands,  967. 
preserved  by  declaratory  statement,  766. 
prerequisites,  755. 

protected  by  filing  declaratory  statement,  778. 
purchase  of  coal  lands  after  expiration  of,  730. 

mineral  lands  in  reservation,  1178. 
refers  to  entry  only,  765. 
regulations  as  to  for  sale  of  coal  lands,  781. 
right  to  coal  entry  preserved  by  declaratory  statement,  767. 

under  coal-land  laws  distinct  from,  755. 
time  for  filing  claim  for  in  Alaska,  769. 
to  make  coal  entry,  755. 

under  settlers'  relief  act  to  persons  procuring  cancellation  of  entry,  1218. 
waiver  by  failure  to  prove  up  and  pay,  765. 
PRESIDENT. 

See  also  Proclamation,  Withdrawal, 
appointment  of  land  officers,  628. 
authority  to  lease  copper  and  silver  mine,  1244. 
lead  mines,  1198. 

and  salt  springs,  1244. 
mineral  lands,  1244. 
salines,  1199. 
under  withdrawal  act,  1391. 
discretion  in  withholding  salt  springs  from  sale,  1247. 
establishment  of  land  districts,  628. 

permission  granted  to  work  lead  mines  and  salt  springs,  1214. 
power  to  renew  leases  of  mine,  1244. 
PRESUMPTIONS. 

See  also  Adverse  claims,  Burden  of  proof.  Conclusiveness,  Discovery,  End  lines.  Entry,  Land  Depart- 
ment, Mineral  character  of  land,  Miners'  rules  and  regulations.  Patent,  Trespass,  Veins  or  lodes, 
absence  of  adverse  claim,  436. 

applicant  entitled  to  patent  on  payment  of  price,  333. 

for  patent  presumed  to  comply  with  law,  355. 
after  entry,  391. 

arising  on  absence  of  adverse  claim,  380. 


INDEX. 


1699 


PRESUMPTIONS— Continued, 
as  to  appropriation  of  water,  612. 
citizenship,  99. 

continuance  in  force  of  miners'  customs,  14. 
continuation  of  miners'  customs  by  Congress,  14. 

vein  or  lode,  599. 
customs  of  miners,  193. 
course  of  vein,  138. 
discover}',  313. 
end  lines  after  patent,  152. 
knowledge  of  surface  conflicts,  326. 

vein  or  lode,  560. 
known  lode  or  vein  in  placer  limits,  560. 
location  in  application  for  patent,  308. 

of  lines  after  patent,  130. 
mineral  character  of  land  from  location,  313. 

improvements,  626. 

lands  in  Alaska,  869. 
minerals  excepted  from  grants,  1079. 
nonmineral  character  of  State  selection,  1295. 
ownership  from  possession,  186. 

of  vein,  130. 
performance  of  conditions  after  patent,  414. 
regularity  of  location,  125. 

precedent  steps  from  patent,  3S2. 
side  lines  after  patent,  152. 

timber  regulations  adopted  by  Secretary  of  Interior,  1311. 
towTi-site  patent  to  ground  abandoned  by  mineral  claimant,  1373. 
trespass,  160. 

validity  of  precedent  steps  from  patent,  382. 
willful  trespass,  1348. 
attending  patent  when  assailed,  414. 
compliance  with  mining  statutes  presumed,  313. 
conclusiveness  as  to  patent,  414. 
discovery  not  presumed  from  marking  on  groimd,  80. 

record  of  location,  80. 
following  issuance  of  patent,  1135. 
from  failure  to  file  adverse  claim,  380. 
grovmd  abandoned  by  mineral  claimant,  1373. 
in  action  for  damages  for  cutting  timber,  1348. 

case  of  trespass,  160. 
indulged  by  court,  468. 

in  adverse  suits,  468. 
in  favor  of  authority  of  Land  Department,  298. 

patent  proceedings,  307. 
license  to  miners  presumed  before  mining  statutes  enacted,  636. 
mineral  character  from  surveyor's  return,  318. 

of  land  from  location  presumed,  313. 
miners'  rules  not  presumed  unless  proved,  194. 
none  from  discovery  outside  placer  limit,  560. 
of  citizenship  of  locator,  28. 

ownership  of  vein  overcome  by  proof,  131. 

valid  location  arises  from  possession,  125. 
on  abandonment  of  mining  claim,  1316. 

failure  to  file  adverse  claim,  718. 
ownership  not  presumed  from  possession  under  original  act,  655. 
placer  patents,  575. 
possession  of  one  coowner,  272. 
priority  of  lode  and  placer  locations,  562. 
relocator's  knowledge  of  existing  claim  presumed,  264. 
that  vein  continues  in  same  direction  across  line,  131. 
when  absence  of  adverse  claim  will  not  raise,  383. 
where  mining  claim  is  referred  to  as  permanent  monument,  443. 
PRICE. 

See  also  Coal  lands,  Entry,  Patent,  Payment,  Purchase  price,  Railroads,  Repayment, 
classification  of  coal  lands,  820. 
coal  lands,  748,  781,  785,  786. 


1700 


INDEX. 


PRICE— Continued. 

coal  lands  affected  by  classification,  820. 

ascertained  by  geological  survey,  750. 

at  date  of  entry,  749. 

ceded  by  Indians,  979. 

determined  from  distance  to  railroad,  749. 

regulated  by  distance  from  railroad,  748. 
mined  under  Indian  lease,  992. 
offer  to  return  before  suit  unnecessary,  751. 
of  saline  lands,  1212. 
payment  and  equitable  ownership,  395. 

as  condition  to  patent,  404. 

for  coal  lands,  729. 
placer  and  vein  or  lode,  557. 
proof  of  payment  for  coal  lands,  729. 
repayment  not  made  to  defaulting  applicant,  466. 

on  cancellation  of  mineral  entry,  1233. 
erroneous  entry,  847, 
sale  of  mineral  lands  in  Indian  reservation,  978. 
time  for  making,  for  coal  lands,  785. 
PRIVATE  LAND  CLAIMS. 

See  also  Baca  grant.  Mineral  character  of  land.  Mineral  lands.  Minerals,  Settlers'  rights. 

allowance  of,  1078. 

Baca  heirs,  1076. 

burden  of  proof  as  to,  1077. 

commission  to  settle,  in  California,  1074. 

confirmation  of,  1075. 

court  of,  for  settlement,  1078. 

determination  of  mineral  character,  1077. 

extent  of  grant,  1076. 

filing  with  surveyor  general,  1078. 

jurisdiction  of  court  of,  1078. 

known  mineral  lands  excluded,  1077. 

location  of  Porterfield  scrip,  1078. 

mineral  lands,  1076. 

minerals  excepted,  1079. 

pass  to  United  States,  1074,  1075. 
reserved  to  United  States,  1078. 
mines  reserved  to  United  States,  1078, 1079. 
mining  rights  confirmed  by  court,  1078. 
New  Mexico,  1076. 
Porterfield  heirs,  1078. 

power  of  court  of,  to  confer  title  to  mines,  107& 

proof  to  sustain,  1078. 

selection  of  nonmineral  lands,  1076. 

time  of  selection,  1077. 
PRIVATE  PATENT. 

See  also  Coal  lands,  Patent. 

coal  reserved,  824. 
PROCEEDINGS. 

See  also  Adverse  claims.  Courts,  Patent  proceedings. 

meaning  of  term,  451. 

on  adverse  claim,  372. 
PROCLAMATIONS. 

See  also  President,  Reservations,  Withdrawals. 

application  to  mineral  and  homestead  claimants,  975. 

coal  lands  not  affected  by  reservations  in  Alaska,  911-913. 

effect  of,  as  to  entry  on  ceded  Indian  lands,  982. 

forest  reservations  to  affect  coal  entries  in  Alaska,  911-913. 

mineral  lands  excepted  by,  1023. 

opening  ceded  Indian  lands,  980. 

Indian  lands  to  prospector,  974. 

Shoshone  Indian  Reservation  open  to  settlement,  982. 

sixty-day  period  following,  before  settlement,  980. 
PROPERTY. 

See  also  Mining  locations. 

mining  claim  as ,  32,  701. 


INDEX 


1701 


PROSPECTOR. 

See  also  Locators,  Possessio  pedis,  Possession,  Possessory  title, 
as  first  discoverer,  23. 

effect  of  peaceable  entry  on  mining  location,  23. 

entry  on  mineral  lands  in  forest  reservation,  1226. 

possession  by,  25. 

possessory  title  of,  25. 

protected  while  making  discovery,  90. 

right  to  explore  and  occupy  ground,  23. 

protection  while  searching  for  mineral,  25. 
trespass  by,  initiates  no  right,  23. 
PROTEST. 

See  also  Actions  on  adverse  claims,  Adverse  claims.  Appeal,  Intervention,  Land  Department,  Pleading 

and  practice,  Protestant, 
adverse  claimant  as  protestant,  379,  717,  720. 

on  failure  to  sue,  473. 

suit  not  based  on,  489. 
aflBrmative  rights  not  asserted  under,  388. 
against  classification  of  mineral  lands  in  railroad  grant,  1155. 

entry  and  patent,  189. 
allegation  of  ownership,  388. 
appeal  and  practice,  389. 

by  relocator,  271. 
as  an  adverse  claim,  376. 
burden  of  proof  as  to  coal  lands,  747. 

on  protestant,  389. 
by  coowner,  387. 

lode  claimant  against  placer  entry,  388. 
consideration  after  period  of  publication,  388. 
delay  as  affecting  price  of  coal  lands,  750. 
effect  of  adverse  suit  commenced  on,  488. 

against  classification  in  railroad  grant,  1155. 
failure  of  applicant  to  comply  with  mining  laws,  387. 

post  plat  and  notice,  387. 
to  comply  with  local  regulations  shown  by,  162. 
file  adverse  claim,  387. 
form  and  sufficiency,  386. 
hearing  ordered  on,  389. 
information  and  belief  insufficient,  386. 
issuance  of  patent  for  want  of  discovery,  489. 
limitations  on  protestant's  rights,  388. 
matters  of  evidence  need  not  be  alleged,  387. 

presented  by,  not  subject  of  adverse  claim,  386. 
mill-site  claimant  protected  by,  375. 
mining  regulations  may  require,  435. 
municipality  may  intervene  by,  502. 
noncompliance  with  mining  laws,  387 . 
not  an  adverse  claim,  718. 

treated  as  adverse  claim,  488. 
objections  not  available  after  suit,  444. 

to  must  be  made  in  Land  OflSce,  444. 
practice  as  to,  1155. 
proof  under,  to  defeat  patent,  189. 
protestant  can  not  question  character  of  land,  388. 

rely  on  technicalities,  388. 
may  show  applicant's  failure  to  perform  conditions,  189 
must  overcome  presumption  of  regularity,  389. 
not  entitled  to  equitable  consideration,  388. 
with  interest,  387. 
without  interest,  387. 
protestant's  right,  385. 

of  appeal,  389. 
to  hearing,  388. 
questions  raised  by,  489. 
relocator  after  entry  as  protestant,  390. 
right  of  protestant  to  question  discovery,  388. 
third  person  to,  189. 
to,  385. 


1702 


INDEX. 


PROTEST— Continued. 

standing  of  protestant,  388. 

status  as  protestant  on  failure  to  adverse,  436. 
on  failure  to  file  adverse  claim,  434. 

sufficiency  of  decision  of  Land  Department,  1171. 

sworn  to  before  officer  in  land  district,  718. 

third  persons  as  protestants,  436. 

may  appear  as  protestants,  189. 

tunnel  owner  as  protestant  on  failure  to  sue,  473. 
PROTESTANT. 

See  also  Appeal,  Intervention,  Land  Department,  Pleading  and  practice.  Protest, 
burden  of  proof  as  to  mineral  character  of  land,  317. 

to  show  noncompliance  by  coal  applicant,  780. 
rights  not  lost  by  town-site  patent,  1373. 
PUBLIC  AND  MINERAL  LANDS. 

See  also  Agricultural  lands.  Classification,  Coal  lands.  Easements,  Eminent  domain.  Lands  valuable 
for  minerals.  Mineral  character  of  land.  Oil  lands.  Public  use.  Rights  of  way.  Stone  lands,  Water  rights, 
absence  of  minerals  from  isolated  tracts,  1098. 
acts  reserving  mineral  land,  1276. 
appropriation  for  inspecting  coal  fields,  1095. 

mineral  deposits,  1095. 
authority  of  Secretary  of  Interior  over,  829. 
California  enabling  act,  1085. 
classification  of,  1095. 

mineral  lands  in  Alabama,  1095. 
coal  and  iron  lands  excluded  from  grants  of,  1183. 
excepted  from  lease,  1096. 
lands,  1093. 
Congress  permits  mining  on,  10. 
copper  mines,  1081. 

discovery  of  coal  after  purchase  and  final  certificate,  843. 
disposal  in  Alabama,  795. 

of  copper  mines,  1081. 

mineral  lands  in  California,  1086. 

Wisconsin,  1084. 
under  mining  laws,  968. 
effect  cf  sale  of  mineral  lands,  1081. 

on  school  lands,  1081,  1083. 
United  States  title  on  mining  rights,  1089. 
employees  in  Land  Office  not  to  be  interested  in,  939. 
entry  by  mistake  withdrawn,  848. 
exceptions  from  grant  to  California,  1259. 
grants  of  to  cities  and  parks,  1305. 

do  not  include  mineral  lands,  1274. 
Indian  title  to  copper  mines,  1081. 
inspecting  coal  fields,  1095. 

mineral  deposits,  1095. 
iron  and  coal  lands  in  Michigan,  1093. 

Minnesota,  1093. 
Wisconsin,  1093. 
deposits  excepted,  1094. 
lands,  1093. 
ore  not  mineral,  1083. 
known  salines  or  mines  excepted,  833. 
land  below  high-water  mark  not  public,  53. 
district  in  Wisconsin,  1084. 
office  in  Colorado,  1088. 
lease  of,  1086. 

to  the  P.  E.  U.  Rubber  Co.,  1096. 
lieu  selections  from,  must  be  nonmineral,  1182. 
limitation  of  President's  authority  to  sell,  1041. 
meaning  of  within  mining  statutes,  1359. 
methods  of  disposal,  1316. 

purchasing  coal  and  iron  lands,  1093. 
Mexican  titles  to,  confirmed,  1090,  1091. 
Michigan  land  district,  1081. 


INDEX. 


1703 


PUBLIC  AND  MINERAL  LANDS— Continued, 
mineral  lands  excepted,  1093. 

from  lands  for  public  buildings,  126L 
Mexican  grants,  1092. 
public  survey,  1087. 
in  California,  1090. 
not  subject  to  preemption,  1088. 
reserved  from  survey,  1087. 
separated  from,  1083. 
minerals  excepted  from  lease,  1096. 

to  P.  F.  U.  Rubber  Co.,  1096. 
reserved  by  ordinance  of  1785,  1080. 

from  grants  for  parks,  1307. 
mines  in  land  district  in  Wisconsin,  1084. 
mining  location  on  segregated  land,  87. 

on,  permitted  without  purchase,  10. 
sponges,  1096,  1097, 
statistics,  1094. 
without  compensation,  10. 
native  operations  in  Philippine  Islands  respected,  1067. 
nonmineral  isolated  tracts,  1098. 
order  of  sale  of,  1081, 1083. 
patent  for  mineral  lands  in  California,  1094. 
policy  as  to  leasing,  1040, 
possessory  action  to  recover  mining  title,  1089. 
preemption  rights  extended  to,  1087, 1088, 

to  unsurveyed  lands,  1088. 
price  of,  in  Michigan,  1086, 
Wisconsin,  1086. 

public-land  laws  relating  to  coal  lands  extended  to  Alaska,  871,  886. 

Rancho  Panoche  Grande  lands,  1094. 

recovery  of  mining  rights  in,  1089. 

reservation  of  minerals  on  sale  of,  1080. 

right  of  way  through,  1188, 1189. 

rights  conferred  by  lease,  1084. 

of  lessees  of,  1087. 
sale  of,  1081. 

isolated  tracts,  1098. 

minerals  reserved,  1080. 
salines  reserved  from  survey,  1087. 
settlement  in  absence  of  known  salines  or  mines,  834. 
size  of  sponges  prescribed,  1097. 

sold  subject  to  extralateral  rights  of  mineral  claimants,  136. 

sponges  in  tide  waters,  1096,  1097. 

State  selections  confirmed,  1090,  1091. 

stone  excepted  from  lease,  1096. 

survey  of  coal  lands,  1094. 
order,  1081,  1083, 

surveyor  general  in  Oregon,  1087. 

title  to  coal  lands  in  Oregon,  1087. 

withdrawals,  1391,  1393. 
PUBLIC  BUILDINGS. 

See  also  Appropriations,  Bureau  of  Mines. 

Bureau  of  Mines,  920,  929. 

Pittsburgh  station,  926. 
PUBLIC  MONEY. 

See  also  Title. 

no  expenditure  without  title  approved,  829. 
PUBLIC  PARKS. 

See  Reservations. 
PUBLIC  SALE. 

See  also  Alabama. 

coal  lands  offered  at,  788. 
PUBLIC  USE. 

See  also  Easements,  Mining  purposes,  Rights  of  way. 

mining  locations  not  set  apart  for,  127. 


1704 


INDEX. 


PUBLICATION. 

See  also  Adverse  claims,  Computation  of  time,  Land  Department,  Newspaper,  Notice,  Patent  proceed- 
ings. Register, 
adverse  claim  filed  dm-ing  period,  429. 
against  delinquent  coowner,  275. 
all  in  one  newspaper,  713. 

applicant  for  patent  can  not  abridge  or  extend,  364. 

as  due  process  of  law,  439. 

as  process  on  adverse  claimant,  375. 

authorized  by  register,  713. 

change  from  daily  to  weekly  newspaper,  362. 

computation  of  time,  364,  713. 

days  excluded  and  included,  713. 

designation  of  newspaper  by  register,  362,  713. 

error  of  register  in  designating  newspaper,  361. 

first  day  excluded  in  computing  time,  364. 

in  nearest  newspaper,  362. 

insertions  in  daily  paper,  364. 

triweekly  paper,  364. 
newspaper  nearest  claim,  713. 
notice  by,  289. 

of  application  for  patent,  289,  363, 713. 
filing  adverse  claim,  439. 

published  in  newspaper  in  Alaska,  886. 

nearest  coal  location  in  Alaska,  886. 

number  of  insertions,  363. 

in  daily  paper,  714. 
weekly  paper,  714. 
of  application  for  patent  for  coal  lands  in  Alaska,  886. 

notice  of  State  selections,  1292. 
period  of,  against  coowner,  275. 
proof  of,  364. 

publication  of  notice  of  coal  location  in  Alaska,  886. 
publisher  not  to  increase  cost  by  change  in  notice,  579. 
register  must  authorize,  713. 

register's  discretion  subject  to  review  by  Land  Department,  363. 

duty  to  designate  paper,  361. 
sixty-day  period,  714. 
sixty  days,  713. 

statute  must  be  strictly  followed,  370. 

sufficiency,  275. 

of  proof  as  to  first  and  last  insertion,  370. 

ten  insertions  not  required,  364.  , 

term  of,  363. 
PUMICE. 

See  also  Mineral  deposits,  Minerals. 

lands  valuable  for,  locatable  as  placer  claims,  519. 
PURCHASE. 

See  also  Assignors  and  assignees,  Coal  lands.  Condonation,  Price,  Settlers'  relief  act.  Trespass, 
application  and  proceeding  as  to  stone  lands,  1315. 

for  purchase  of  surface  coal  lands,  824. 
locator's  right  to  upon  performance  of  condition,  25. 
meaning  of  as  applied  to  coal  lands,  765. 
mining  location  as  a  purchase,  22. 
reservations  in  patent  for  surface  of  coal  lands,  824. 
surface  of  coal  lands,  824. 

under  settlers'  relief  acts  condones  trespass,  1218. 
PURCHASE  PRICE. 

See  also  Coal  lands.  Payment. 

effect  of  payment  on  right  of  entry,  396. 

entry  on  payment,  396. 

payment  by  applicant  for  patent,  313. 

payment  of,  396. 
PURCHASER. 

See  also  Assignors  and  assignees.  Coal  lands.  Mineral  lands.  Notice,  Oil  lands,  Payment,  Preference 

rights,  Price,  Railroad  lands,  Title, 
application  for  purchase  of  stone  lands,  1315. 
entitled  to  benefits  of  expenditures  by  grantor,  188. 


INDEX. 


1705 


PURCHASE  R— Cont  inued . 

from  railroad  company,  1137, 11-J7. 
good  faith  in  purchasing  coal  lands,  742. 
krowlcdgo  of  mineral  character  of  land,  1137. 

purchased  from  railroad,  1147. 
mineral  character  of  lands  purchased  from  railroad,  1147. 
perjury  in  cormection  with  application  to  purchase  stone  lands,  1319^ 
practice  in  application  to  purchase  stone  lands,  1315. 
preference  right  to  coal  lands,  758. 
proof  of  discovery  by,  79. 
protected  by  adverse  possession,  550. 
right  of  on  purchase  from  railroad  company,  1124,  1146. 

to  veins  and  lodes  within  location,  188. 
stonelands,  1315, 1321. 

takes  mine  subject  to  vested  water  right,  616. 
title  of,  from  town-site  authorities,  1365. 

to  railroad  lands,  1107. 

to  from  railroad  company,  1137. 

mineral  on  purchase  from  railroad  company,  1147. 

Q. 

QUALIFICATION. 

See  also  Associations,  Citizenship,  Corporations,  Locators,  Naturalization, 
acquiring  coal  deposits,  1030. 
association  of  persons,  645. 
coal  entryman,  753. 

locators  in  Alaska  the  same  as  in  United  States,  890. 
corporations,  645. 
determined  by  State  laws,  391. 
effect  of  contract  to  pay  advances  fropi  coal  sales,  753. 
individual  locator's,  644. 
locators,  644. 

of  coal  lands  in  Alaska,  890, 1043. 
members  of  association  must  all  possess  for  coal  entry,  727. 

corporation  must  all  possess  for  coal  entry,  727. 
mineral  surveyors,  578. 
of  alien,  101. 

applicant  for  patent,  300. 

corporation,  100. 

locator,  26. 

unincorporated  association,  100. 
one  declaratory  statement  disqualifies  for  further  entry,  754. 

entry  as  member  of  association  prevents  further  entry,  753. 
persons  entitled  to  make  coal  entry,  776. 

qualified  to  make  coal  entries,  728. 
proof  of,  for  coal  entry,  753. 
who  may  question,  645. 
QUARRIES. 

See  also  Bankruptcy,  Corporations,  Mining,  Placer  locations, 
census,  931. 

corporations  operating,  are  engaged  in  mining,  914. 
location  as  placer  claim,  518. 
quarrying  is  mining  within  bankrupt  act,  915. 
stone  quarry  not  a  placer  mine,  1314. 
QUARTZ  MILL. 

See  also  Improvements,  Milling  and  mining.  Mill  site.  Mining  purposes.  Reduction  works.  Timber- 
cutting  act. 

as  improvement,  347. 

use  of  land  for  mining  or  milling,  601. 

certificate  of  surveyor  general  as  to,  603, 

cutting  timber  for  use  in,  1343. 

license  for  operating  in  Alaska,  910. 

mill  site  in  connection  with,  595,  601. 

owner  may  obtain  patent  for  mill  site  with  lode  claim,  603. 

ownership  necessary  in  connection  with  mill  site,  595, 601, 603. 
56074°— Bull.  94,  pt  2—15  56 


1706 


INDEX. 


QUARTZ  VEIN. 

criminal  liability  for  robbing  or  destroying  in  Alaska,  909. 

patent  for,  as  mill  site,  603. 

mill  site  depends  upon  existence  of,  601. 
QUESTION  OF  FACT. 

See  also  Burden  of  proof,  Mineral  character  of  land.  Patent  proceedings. 

as  to  whether  lands  are  coal  lands,  1282. 

compliance  with  mining  statutes  as,  405. 

determination  in  application  for  patent,  405. 

discovery  as,  405. 

existence  of  natural  object  as,  504. 

priority  of  possession  of  water  is,  621. 

sufficiency  of  description  of  mining  claim  as,  504. 

use  of  land  for  mill  site,  600. 
QUIETING  TITLE. 

See  also  Actions  to  quiet  title.  Adverse  claims,  Ejectment,  Jurisdiction,  Possessory  title, 
action  in  State  court,  477. 
all  defenses  must  be  asserted,  478. 
as  form  of  action  on  adverse  claims,  452. 
not  action  on  adverse  claim,  453. 
to  mining  claim  in  Alaska,  831. 
QUINAIELT  RESERVATION. 

minerals  reserved  from  lighthouse  reservation,  958. 

R. 

RAILROAD. 

See  also  Alaska,  Coal  Lands,  Price, 
completed  as  affecting  price  of  coal  lands,  749. 
location  as  affecting  price  of  coal  lands,  748. 
meaning  of  completed  railroad  as  applied  to  coal  lands,  750. 
railroad  in  Alaska,  864. 
RAILROAD  COMMISSION. 

duty  as  to  coal  lands  in  Alaska,  902. 

transportation  of  coal  in  Alaska,  902. 
in  Alaska,  902. 
RAILROAD  GRANTS. 

See  also  Alaska,  Coal  lands,  Indian  lands.  Lands  valuable  for  minerals.  Lieu  lands.  Mineral  deposits, 
Mineral  lands,  Minerals,  Mining  locations,  Mining  rights,  Oil  lands.  Rights  of  way.  Settlers'  rights, 
State  grants.  Subsequent  discovery  of  mineral, 
absence  of  mineral  rights,  791. 
act  as  a  proposal  to  Southern  Pacific,  1133. 
for  completion  of  classification  of  land,  1158. 
not  construed  at  expense  of  preexisting  rights,  1108. 
permitting  claimants  to  transfer  claim,  1125. 
adjudication  as  to  character  of  land,  1104. 

of  nonmineral  character  will  not  preclude  subsequent  inquiry,  1104. 
adjustment  act,  1125. 

of  grants,  1145,  1146. 
affirmative  showing  before  hearing,  1118. 
agreement  to  convey  land  within  grant  to  purchaser,  1100. 
alternate  sections  not  mineral  included,  1134. 
application  and  construction  of  Iron  Mountain  grant,  1128. 

mining  laws,  1107. 
of  Iron  Mountain  Railroad  grant  to  public  lands,  1128. 

statute  as  to  selection  of  nonmineral  lands,  1158. 
to  lands  specifically  excepted,  1130. 
purchase,  1147. 

and  proof,  1147. 
approval  of  classification,  1156. 
Arkansas  and  Missouri,  1140. 
Atlantic  &  Pacific  Railroad  Co.,  1132. 

construction  of  grant  to,  1132. 
effect  of  discovery  of  mineral  before  patent,  1136. 
excepting  clause  in  patent,  1136. 
grant  to, 1132. 
extent  of  excepting  clause,  in  patent,  1136. 
grant  did  not  except  coal  lands,  1231. 


INDEX. 


1707 


RAILROAD  GRANTS— Continued. 

Atlantic  &  Pacific  Railroad  Co.,  kindsof  minerals  excepted,  1134. 

nature  of  grant,  1132. 
no  private  entry  after  patent  issue,  1137. 
oil  lands  excepted,  1134. 
patent  for  lands  granted  to,  1136. 
purchaser  from,  1137. 
authority  of  officers  to  insert  exceptions  in  patent,  1137. 
burden  of  proof  as  to  character  after  surveyor  general's  return,  1104. 

mining  locations  within  grant,  1118. 
on  mineral  claimant  after  listing,  1105. 
Burke  case,  1132-1137. 
cancellation  of  patent  for  fraud,  1125. 

Central  Pacific  Railroad  Co.,  coal  lands  not  reserved  from  grant  to,  1129. 

determination  of  mineral  character  of  land,  1130. 
healing  to  determine  mineral  character  of  land,  1131. 
iron  lands  not  reserved  from  grant,  1129. 
mineral  character  of  land  in  California,  1129. 

Oregon,  1129. 
lands  reserved  from  grant,  1131. 
selection  of  indemnity  land  by,  1131. 
title  to  indemnity  lands,  1131. 
character  of  lands  determined  at  time  of  location  of  road,  1121. 

on  evidence  outside  of  grant,  1118. 
claim  of  company  predicated  upon  original  claimant,  1126. 
classification  approved  by  Secretary  of  Interior,  1156. 

before  selection  of  lieu  lands  necessary,  1182. 
commission  to  make,  1148. 
effect  as  to  mineral  character,  1 1 54. 
matters  considered  in  making,  1153. 
of  mineral  lands,  1148, 1151. 
coal  lands,  1126. 

disputed,  1118. 
iron  lands,  1126. 
lands  granted,  1099. 
mineral  lands,  1120, 1148, 1151. 
protest  and  effect,  1155. 
to  determine  mineral  character  of  land,  1153. 
coal  and  iron  lands  excluded,  1101, 1126. 

not  mineral  land,  1153. 
not  excepted,  1109, 1134, 1136. 
included  as  mineral,  1180. 
declaratory  statement  can  not  affect  lieu  selections,  1183. 
entry  on  land  withdrawal  not  permitted,  741. 

excluded  from  grant  of  right  of  way  to  Pasadena  and  Mount  Wilson,  1191. 
lands  excluded  from,  791. 
not  excepted,  1129. 

from  grant  to  California,  1130. 

Oregon  Central  Railroad  Co.,  1141. 
Texas  Pacific,  1142. 

'  reserved,  1129. 
selectable  in  lieu  of  mineral  land,  1120. 
with  in  not  sub  j  ect  to  mineral  claims  ,726. 
notexcepted,  1131, 1141. 

included  as  mineral,  1149. 
settlers  protected,  1122. 
commission  to  classify  does  not  affect  jurisdiction  of  Land  Department,  1152. 
company  may  maintain  ejectment  against  holder  of  invalid  patent,  1117. 

not  boimd  to  relinquish  coal,  iron,  and  stone  lands,  1126. 
completion  of  classification  of  mineral  lands,  1158. 
conclusiveness  of  classification  on  mineral  character,  1154. 

lieu  selections  against  third  person,  1182. 
construction  and  effect,  1180. 
conveyance  by  railroad  company,  1099,  1124. 
date  to  which  Congress  can  dispose  of  lands  as  against,  1121. 
desert  lands,  1145. 

determination,  as  to  mineral  character,  1118. 


1708 


INDEX. 


RAILROAD  GRANTS— Continued. 

determination  of  character  of  indemnity  selections  open  till  patent,  1123. 

land  by  local  officers,  1105. 
open  to  title  passes,  1121. 
not  left  to  accident  of  future,  1121. 
good  faith  of  purchaser,  1107. 
Land  Department  conclusive,  1135. 
mineral  character  of  lands,  1131, 1135. 
discovery  of  mineral  before  patent  will  defeat,  1135. 

character  prior  to  patent,  1102, 1130. 
distinction  between  decision  and  adjudication  of  character  of  land,  1104. 
duty  of  Land  Department  to  inquire  into  character  of  land,  1112, 
effect  of  classification  act,  1151. 

clause  excluding  mineral  land,  113G. 
delay  in  issuance  of  patent,  1124. 
discovery  of  mineral  before  patent,  1122. 
exceptions  in  patent,  1106. 
failure  to  list  nonmineral  lands,  1105. 
issuance  of  patent,  1112. 
list  of  land  with  nonmineral  affidavit,  1105. 
one  determination  of  character  of  land,  1103. 
patent  as  to  mineral  character  of  land,  1177. 
exceptions  in  grant  to  railroad,  1124. 
issued  by  Land  Department,  1133. 
on  grant  to  Wisconsin,  1112. 
protest  after  classification,  1155. 
return  of  surveyor  general,  1120. 

as  to  mineral  character,  1131. 
on  character  of  land,  1103. 
subsequent  cancellation  of  preemption  claim,  1124. 
where  land  is  embraced  within  mineral  application,  1189. 
excepting  clause  in  patents,  1124. 
exceptions  and  exclusion  of  minerals  from,  1216. 

extension  of  time  for  classffication  of  mineral  lands  in  Idaho  and  Montana,  1157. 

within,  1157. 
completion  of  Southern  Pacific,  1139. 
extent  and  effect  of  grant  to  Southern  Pacific,  1133. 

of  exception  of  mineral  lands  from  Iron  Mountain,  1128. 
factors  in  determining  right  of  lieu  selections,  1126. 
force  and  effect  of  surveyor's  return,  1120. 
forfeiture  of  unearned  lands,  1145. 
fraud  in  obtaining  patent  for  mineral  lands,  1112. 
general  reservations  of  mineral  lands  from,  1265. 
good  faith  of  purchaser  for  company,  1107. 
Government  bound  by  miadvised  issuance  of  patent,  1124. 

estopped  by  issuance  of  patent,  1112. 
grant  to  South  &  North  Alabama  Railroad  Co.,  1143. 
Southern  Pacific  Railroad  Co.,  1133. 
Wisconsin  and  issuance  of  patent,  1112. 
State  for  railroads,  1140. 
gravel  bed  not  subject  to  selection,  1189. 

hearing  and  determination  do  not  preclude  subsequent  inquiry,  1131. 
as  to  lands  classffied  as  coal  lands,  1118. 
on  application  for  patent  under,  1139. 

of  mineral  claimant  after  adjudication,  1104. 
ordered  on  application  of  mineral  claimant,  1104. 
to  determine  mineral  character  of  land,  319,  1103,  1131. 
improvements  of  bona  fides:^ttler  excepted,  1109. 
indemnity  selections,  1123,  1126. 

limited  to  certain  States,  1126. 
must  be  nonmineral,  1216. 
within  50  miles  of  railroad,  1155. 
interest  of  United  States  in  mineral  lands  within,  1146. 
iron  lands  not  excepted,  1129,  1130,  1142. 

from  grant  to  California,  1140. 

Oregon  Central,  1141. 
within  not,  subject  to  mineral  claims.  726. 


INDEX. 


1709 


RAILROAD  GRANTS— Continued, 
iron  lands,  not  excoptod,  1131,  1141. 

included  as  mineral,  1149. 
Issuance  of  patent  determination  of  nonmineral  character,  1104. 

to  railroad  company,  1124. 
jurisdiction  of  Land  Department  over  railroad  lands,  1158. 

to  determine  character  of  land,  1112. 
Land  Department  determination  as  to  mineral  character  conclusive,  1119, 
determines  mineral  character  of  land,  1119,  1135. 
may  determine  character  of  land  uiatil  patent,  1104. 

protect  Government's  interests  after  classification,  1155. 
unauthorized  to  patent  nonmineral  land  to  strangers,  1131. 
lands  ceded  by  Indians  not  subject  to  indemnity  selections,  1126. 
known  to  be  mineral  on  location  of  road,  1121. 
returned  as  mineral  not  selectable,  1115. 
lead  mines  reserved  from,  1244. 
liberal  construction  of  reservation  clause,  1108. 
lieu  lands  given  in  place  of  mineral,  1121. 
must  be  unoccupied,  1230. 
selections  must  be  nonmineral,  1182. 

not  affected  by  subsequent  protest,  1183. 
made  on  luisurveyed  land,  1180. 
permitted  in  forest  reserves,  1180. 
restricted  to  nonmineral  lands,  1230. 
under  statute,  1180. 
limestone  lands  not  excepted,  1134. 
limitations  on  indemnity  selections,  1123,  1126. 

railroad's  right  by  classification  act,  1151. 
line  of  route  of  Southern  Pacific,  1138. 
list  of  lands  rejected  if  irregular,  1105. 
location  of  indemnity  lands,  1123. 
marble  lands  excluded  from,  1126. 
meaning  of  "public"  as  applied  to  lands,  1128. 

"vacant  lands,"  1158. 
mill  site  not  locatable  on  nonmineral  lands,  1114. 

within,  607. 
mineral  character  of  land,  1146. 

determined  before  patent,  1103. 
claimant  may  have  second  determination  as  to  character,  1118. 

hearing  on  protest,  1131. 
takes  subject  to  station  purposes,  1144. 
claimant's  right  to  land  returned  as  agricultural,  319. 
discovered  prior  to  patent  will  defeat,  1100. 
entry  not  made  without  notice,  1139. 
improvements  excepted,  1109. 
includes  coal  and  iron,  1180. 
land  exception  in,  is  void,  1138. 
lands  and  settlors'  improvements  excepted,  1110. 

excepted  from,  G90, 1100,  1107,  1111, 1128,  1130, 1133,  1143, 
grant  to  Arkansas,  1140. 

Central  Pacific,  1130. 
Iron  Mountain,  1128. 
Missouri,  1140. 
Nevada,  1273. 

Oregon  Central  Railroad  Co.,  1141. 
Wisconsin,  1111. 
excluded  from,  1114,  1274. 

grant  did  not  include  coal  lands,  1115. 
not  excluded  from  right  of  way,  1111. 
included,  966. 

selectable  as  indemnity,  1126. 
of  all  character  excepted,  1134. 
patented  through  fraud,  1112. 
reserved  from,  631, 1130. 

grant  to  Iron  Mo im tain,  1128. 
within  excepting  clause,  1106. 

open  to  exploration  and  purchase,  1134. 


1710 


INDEX. 


RAILROAD  GRANTS— Continued. 

mineral  patent  may  issue  subject  to  easement,  1189. 

selections  made  subject  to,  1143. 
minerals  do  not  include  coal,  1129. 

iron,  1129. 
excepted  from,  1109,  1140,  1141,  1216. 

grant  to  California,  1140. 

South  &  North  Railroad  Co.,  1143. 
excepting  coal  and  iron  excluded,  1134. 
excluded  from,  1216. 

grant  of  right  of  way  to  Pasadena  &  Mount  Wilson,  1191. 
granted  on  right  of  waj'^  through  public  lands,  1144. 
in  right  of  way,  1101. 
reserved,  1133. 
subject  to,  1144. 

grant  to  Salt  Lake  &  Fort  Douglas,  1144. 
miners'  rights  protected,  1108. 

mining  claims  on  nonmineral  lands  not  excepted,  1117. 

subject  to  grant  to  Denver  &  Rio  Grande,  1144. 
locations  made  subject  to,  1144. 

right  of  way,  1189. 

Missotiri  and  Arkansas,  1140. 
nonmineral  lands  only  included,  1114. 

Northern  Pacific  Railroad  Co.,  application  of  term  "mineral,"  1115. 

cancellation  of  patent  for  fraud  of,  1125. 
claimants  permitted  to  transfer  claim,  1125 
classification  of  mineral  lands  within  grant,  1152. 
coal  as  mineral,  1115. 
conveyance  by,  1124. 

determination  of  mineral  character  of  land,  1118. 
effect  of  exceptions  in  patent  to,  1124. 

surveyor's  return  as  to  mineral  character  of  land,  1120. 
extent  and  value  of  minerals  in  land,  1122. 
fire  clay  as  mineral,  1116. 

hearing  to  determine  mineral  character  of  land,  1118. 
iron  as  mineral,  1115. 
issuance  of  patent  to,  1124. 

jurisdiction  of  Land  Department  over  mineral  character  of  land,  1119. 
lands  classified  as  mineral  not  selected,  1126. 
location  of  indemnity  lands,  1123. 

railroad  as  determining  point,  1121. 
meaning  of  term  "mineral,"  1115. 
mineral  lands  excepted,  1126. 

in. Nevada,  1273. 
locations  excepted  from  grant,  1116. 
nonmineral  lands  not  excepted  as  mining  claims,  1117. 

only  included,  1114. 
point  of  determining  mineral  character  of  land  until  patent  issues, 
1121. 

policy  of  Government  to  exclude  mineral  lands  from.  1114. 

presumption  of  mineral  character  of  land  from  surveyor's  return,  1120. 

proof  as  to  mineral  character  of  land,  1118. 

purpose  of  supplemental  act,  1125. 

question  of  fact  as  to  mineral  character  of  land,  lllS. 

return  of  surveyor  as  evidence  of  mineral  character  of  land,  1120. 

right  of  purchaser  from,  1124. 

selection  of  coal  lands,  1126. 

indemnity  lands,  1123,  1126. 
iron  lands,  1126. 
stone  as  mineral,  1116. 
time  for  classification  extended,  1157. 

of  determination  of  mineral  character  of  land,  1121. 
title  to  selected  lands,  1126. 
words  omitted  from  grant,  1113,  1124. 
notice  of  application  by  mineral  claimant,  1105. 

selection  of  lands  within  6  miles  of  mining  claim,  1152. 
not  subject  to  mineral  entry  after  patent,  1137. 


INDEX. 


1711 


RAILROAD  GRANTS— Continued, 
not  to  enibraco  niineml  lands,  031, 
objection  to  selection  groundless,  1152. 
oil  lands  excepted  from,  1143. 

not  selectable  as  indemnity  lands,  1143. 
patent  as  determination  of  antecedent  questions,  1106. 

rights,  1136. 
evidence  of  character  of  land,  1106. 

determination  of  mineral  character,  1 1 19. 
legally  appointed  evidence  of  title,  1132. 
excepting  mineral  lands,  1130. 

excludes  subsequent  showing  as  to  mineral  character,  1112. 
for  lands  within,  is  conclusive,  1138. 

mineral  lands,  1146. 
should  exclude  mineral  land  other  than  coal  or  iron,  1136. 
to  lands  classified  as  mineral  is  void,  1127. ' 
mineral  lands  canceled  for  fraud,  1125. 
petroleum  lands  are  mineral,  1138. 

excepted  from  Texas  Pacific,  1141. 
placer  locations  not  classified  as  nonmineral  land,  1154. 
power  of  railroad  to  convey  before  obtaining  title,  1146, 
preemption  claims  excepted,  1124. 

filing  excepts  land  from,  1105. 
presumptive  evidence  of  return  of  mineral  sm-vey,  1120. 
prima  facie  evidence  of  mineral  character  of  land  within,  1155. 
proof  as  to  value  of  lands  for  minerals,  1122. 
on  application  to  purchase,  1147. 
sufficient  to  exclude  coal  deposits  from,  1102. 

land  as  mineral,  1102. 
to  establish  mineral  character  of  land,  1118. 
protection  to  settlers  on  coal  lands,  1122. 
protest  on  application  for  patent  under,  1139. 
provisions  for  indemnity  selections  are  made,  1115. 
purchaser  from  railroad  company,  1147. 
purchaser's  knowledge  of  mineral  character,  1124. 

title  to  minerals,  1147. 
purpose  of  reservation  of  mineral  lands,  1109. 
qualifications  and  rights  of  purchasers,  1147. 
railroad  may  relinquish  and  patent  issue  to  settler,  1147. 
relief  of  settlers  on,  1215. 

mineral  lands  in  Wisconsin,  1112. 
relinquishment  and  selection  of  lieu  lands,  1180. 

of  coal  lands  by  railroad,  1147. 
right  of  company  to  nonmineral  land,  1131. 

use  stone  and  materials,  1143. 
innocent  purchaser  from  company,  1124. 
purchaser  from  company,  1124,  1137. 

to  cut  timber,  1107. 
railroad  on  relinquishment  of  coal  lands,  1231. 
way,  1129. 

for  mining  coal  on  Fort  Smith  and  "Western  Coal,  1190. 
over  mineral  land,  1105. 

public  lands,  1189. 
to  Placerville  and  Sacramento  Valley,  1129. 
to  lieu  lands  as  a  float,  1131. 
rights  conferred  by  grant  to  Denver  and  Rio  Grande,  1143. 
initiated  after  grant,  1117. 
of  purchaser  from  railroad,  1147. 
salines  excepted  from  grant  to  Iowa,  12G4. 
salt  deposits  excepted,  1101. 

school  indemnity  selection  within,  after  forfeitm-e,  838. 
selecting  coal  and  iron  lands  in  exchange,  1180. 

lands  for  lands  relinquished,  1231. 

in  lieu  of  coal  lands  relinquished,  1147. 
selection  of  indemnity  lands,  1123, 1131. 

by  Texas  Pacific,  1141. 
lands  classified  as  mineral,  1183. 


1712 


INDEX. 


RAILROAD  GRANTS— Continued, 
selection  of  lieu  lands,  1123. 

by  settlers,  1216. 
not  limited  to  State,  1123. 
nomnineral  lands,  1157. 

by  railroad,  1158. 
lieu  land,  1180. 
vacant  land  of  equal  quality  of  coal  lands,  1231. 
nonmineral  public  lands,  1158. 
selections  in  lieu  of  relinquishments  in  Dakota,  1230. 
of  classified  lands  canceled,  1154. 

nonmineral  public  lands,  1158. 
restricted  to  lands  classified  as  nonmineral,  1230. 
settlers  on  coal  lands  protected,  1122. 

mineral  lands  within,  1215. 
nonmineral  land  protected,  1180. 
protected  and  given  option  to  transfer  claim,  1126. 
rights  protected,  1108. 
slate  lands  excluded  from,  1126. 

Southern  Pacific  Railroad  Co.— Burke  case,  1132-1137. 

entry  of  lands  without  notice,  1139. 
oil  lands  not  subject  to  entry  after  patent  to,  1137. 
patent  to  land  as  Southern  Pacific  road  completed,  1139. 
surveyor  general's  return  as  to  railroad  lands,  1139. 
title  to  oil  lands,  1137. 
stone  granted  for  right  of  way  to  Salt  Lake  and  Fort  Douglas,  1144. 
lands  excepted  from,  1314. 

not  included  in,  1332. 
subject  to,  1144. 

grant  to  Salt  Lake  and  Fort  Douglas,  1144. 
subject  to  miaers'  rules  and  customs,  1117. 
subsequent  discovery  of  mineral,  1146. 

sufficiency  of  notice  of  application  by  mineral  claimant,  1105. 
surveyor  general's  return  operates  to  pass  land  under,  1105. 
temporary  settler  on  coal  lands  not  permitted,  1123. 
termination  of  Land  Department's  jurisdiction,  1158. 
timber  on  mineral  lands  included  with  exceptions,  1101. 
reserved  for  miners'  improvements,  1108. 
to  support  miners'  improvements  excepted,  1109, 
time  for  determination  of  character  of  land,  1103. 

of  taking  effect,  1130. 
title  acquired  to  coal  lands,  1231. 

not  affected  by  subsequent  discovery  of  mineral,  1106, 1111. 
of  purchaser  from  railroad,  1107, 
to  indemnity  lands,  1131. 

as  against  Mexican  claims,  1131. 
minerals  on  purchase  from  railroad  company,  1147. 
purchaser  from,  1137, 
Southern  Pacific  oil  lands,  1132-1137. 
to  Alabama,  1265. 

Union  Pacific  Railroad  Co.,  burden  of  proof  as  to  list  of  lands  selected,  1105. 

mineral  character  of  land,  1104. 
coal  lands  not  excepted  from,  1110. 
construction  of  act  granting,  1100. 

amended  act,  1108. 
effect  of  act  granting,  1100. 

subsequent  discovery  of  minerals,  1106. 
extent  and  value  of  minerals,  1101, 

of  excepting  clause  in  patent,  1106. 
grant  of  lands  in  Kansas,  1111, 
hearing  to  determine  character  of  lands,  1101. 
iron  lands  not  excepted  from,  1110. 
lands  returned  as  mineral,  1104. 

valuable  for  stone,  1107. 
meaning  of  excepting  clause  in  patent,  1106. 
mineral  improvements  excepted  from,  1109. 
lands  excepted  from,  1100,  1109, 
reserved  in  Kansas,  1111. 


INDEX. 

RAILROAD  GRANTS— Continued. 

Union  Pacific  Railroad  Co.,  minerals  excepted  from,  1109. 

mining  locations  excepted  from,  1109. 

within  limits  of  grant,  1101. 
nonmineral  character  of  lands,  1101. 

lands  pass  under  grant,  1104. 
notice  of  list  of  lands  selected  by,  1105. 
patent  for  lands  granted  to,  1106. 
policy  of  Government  to  exclude  minerals,  1108. 
publication  and  posting  of  notice  of  selection,  1105. 
right  of  way  over  mineral  lands,  1105. 

time  of  making  determination  of  mineral  character  of  lands,  1103. 

vacant  lands,  1158. 

nonmineral  lands  selectable  as  lieu  lands,  1158. 
want  of  privity  prevents  attack  on  patent,  1138. 
when  company's  right  to  land  becomes  absolute,  1131. 
words  omitted  from  grant  to  Northern  Pacific,  1113,  1124. 
RAILROAD  LANDS. 

See  also  Classification,  Lieu  lands.  Mineral  lands.  Railroad  grants,  Settlers'  relief  act. 

classification  of,  as  mineral,  1148, 1151. 

effect  of  classification  as  to  mineral  character,  1154. 

indemnity  selections  by  railroad,  1230. 

lands  returned  as  mineral  not  a  classification,  1230. 

matters  considered  in  classification  of,  1153. 

nonmineral  lands  unaffected  by  subsequent  discovery  of  minerals,  1232. 

relief  of  settlers  on,  1230,  1231. 

in  New  Mexico,  1231. 

relinquishment  and  new  selections,  1231. 

right  of  settlers  to  coal  lands,  1231. 

settlers  entitled  to  patent,  1231. 
RAVEN  MINING  CO. 

compliance  with  statute,  1021,  1022. 

duty  as  to  mining  locations  on  Indian  land,  1022. 

grant  to  locate  100  mining  claims,  1011. 

mining  locations  on  Indian  lands,  1011,  1022. 

title  to  mining  claims,  1011. 
REAL  PROPERTY. 

See  also  Mining  locations. 

includes  mining  claims,  124. 

mining  claim  considered  as,  124. 

subject  to  partition  as,  124. 

RECEIVER. 

See  also  Land  office,  Register. 

authority  to  admiuister  oaths,  1318. 

duty  as  to  timber  cut  for  mining  purposes,  1346. 
to  take  testimony  as  to  saline  lands,  1212. 

fees  in  patent  proceedings,  833. 
RECORD. 

See  also  Alaska,  Certificate  of  location,  Land  districts.  Notice  of  location.  Recorder, 
absence  of  requirement,  208. 

affidavit  as  to  performance  of  annual  labor  in  Alaska,  878. 

of  annual  labor  on  miaing  claims  in  Alaska,  884. 
as  inception  of  paper  title,  210. 
conclusiveness,  212. 

as  to  mistake  in  description,  232. 
contents,  177,  701,  702. 

and  de«"!ription  of  claim,  702. 

as  to  mining  locations  in  Alaska,  899. 
conveyances  in  Alaska,  884. 
custom  as  to  place  of,  213. 

declaratory  statement,  208.  ^ 

in  Alaska,  884. 
delivery  to  legally  elected  recorder,  901. 
description  of  locations  binding  on  locator,  232. 
dispensed  with  in  absence  of  recorder,  213. 
effect  as  notice,  208,  209. 

where  name  of  locator  is  changed,  212. 


1714 


INDEX. 


R  E  C  O  R  D— Continued. 

filing  location  notice  for,  in  Alaska,  884,  899. 
full  particulars  required  by  State  laws,  212. 
identification  of  claim,  211. 
insufficiency  of,  213. 

laborer's  claim  for  lien  on  mine  in  Alaska,  905. 

lien  for  work  on  mine  in  Alaska,  880. 
liens  on  mines  in  Alaska,  884. 
location  not  avoided  for  defects  in,  211. 
locator  given  opportunity  to  correct,  212. 
made  in  office  of  county  recorder,  213. 
markings  not  required  in  notice,  209. 
mechanic's  liens  in  Alaska,  884. 
mill  sites,  709. 
miners'  custom  as  to,  194. 

liens  in  Alaska,  880. 
mining  claims  in  Alaska,  899. 

in  Alaska  made  public,  901. 
locations,  177,  701. 
statutes  do  not  require,  208. 
^must  contain  reference  to  natural  object  or  monument,  227. 
necessary  part  of  location  when  required,  213. 
need  not  show  marking  on  ground,  212. 
no  presumption  of  discovery  from,  80. 
notice  of  coal  locations  in  Alaska,  885. 
miner's  lien  in  Alaska,  880. 
raining  locations  in  Alaska,  884,  901. 
not  required  by  placer  location,  515. 
of  certificate  of  location  as  basis  of  right,  701. 
laborer's  lien  on  mine  in  Alaska,  905. 
mining  location  as  knowledge  of  vein  or  lode,  562. 
notice,  183. 
claims  at  Douglas  City  legalized,  885. 
parol  proof  of  possession  not  excluded  by,  212. 
place  for  record  of,  for  coal  locations  in  Alaska,  885. 

of  recording  mining  instruments,  884. 
purpose  and  effect,  209. 

as  to  declaratory  statement,  208,  209. 
of  requirement,  701. 
record  not  conclusive,  212,  232. 
recorders  in  Alaska  must  keep,  880. 
reference  to  monuments,  212. 
objects,  212. 

permanent  monuments,  212. 
required  by  miners'  rules  and  regulations,  210. 

State  regulations,  210. 
sufficiency  as  to  description  with  reference  to  marking,  231,  232. 
of  description  in,  226. 
when  required,  211. 
time  of  filing  location  notice  for  in  Alaska,  884. 
REDUCTION  WORKS. 

See  also  Mill  site.  Mining  locations.  Mining  purposes.  Rights  of  "Way,  Smelting  and  refining. 

as  use  of  lands  for  mining  or  milling,  601. 

certificate  of  surveyor  general  as  to,  603. 

cutting  timber  for  use  in,  1343. 

license  for  operating,  in  Alaska,  910. 

mill  site  in  connection  with,  601. 

owner  may  obtain  patent  for  mill  site  with  lode  claim,  603. 
ownership  necessary  in  connection  with  mill  site,  595,  601,  603. 
patent  for,  as  mill  site,  603. 

depends  upon  existence  of,  601. 
rights  of  way  for,  in  Alaska,  903,  1193. 
granted  for,  1193. 
REFUNDING.    See  Repayment. 
REFUSE.   See  Debris  deposits. 


INDEX. 


1715 


REGISTER. 

See  also  Land  office,  Newspaper,  Notice,  Publication,  Receiver. 

adverse  claim  is  properly  filed  with,  716. 

appeal  from  decision  of,  663. 

authority  to  dismiss  adverse  claim,  716. 

certifies  judgment  on  adverse  claim,  429. 

designation  of  newspaper  by,  289,  361,  713. 

nearest  newspaper,  362.  " 
discretion  as  to  designation  of  newspaper,  362,  713. 

in  selecting  newspaper  regardless  of  cost,  579. 
duties,  360,  663. 

duty  as  to  publication  of  notice  of  application,  713. 
timber  cut  for  mining  purposes,  1346. 
in  patent  proceedings,  289. 
to  post  copy  of  plat,  665. 

publish  notice  of  application,  665. 
take  testimony  as  to  saline  lands,  1212. 
fees  of,  833. 

filing  adverse  claim  with,  716. 
furnishing  proof  of  publication  of  notice,  1320. 
notice  of  application  for  patent,  713. 
posting  notice,  289. 
publication  in  newspaper,  289. 
of  notice,  360. 
REGULATIONS. 

See  also  Land  Department,  Miners'  rules  and  egulations,  Mining  Statutes,  Secretary  of  the  Interior, 

State  statutes, 
additional  burdens  can  not  be  imposed  by,  444. 
evidence  permitted,  781. 

as  to  coal  entries,  781. 
against  cutting  timber  for  smelting  invalid,  1343. 
agent  or  attorney  may  make  nonmineral  affidavit  under,  846. 
as  to  acreage  and  royalties  under  Indian  land  leases,  1009. 
coal  entries  after  expiration  of  time,  777. 
cutting  and  using  timber,  1324. 

timber  for  mining  purposes,  1344. 
form  of  adverse  claim,  376. 

Indian  asphalt  and  coal  leases  and  royalties,  1009. 
payment  of  royalties  to  Chickasaw  Nation,  1009. 
price  of  coal  land,  781 . 
sale  of  coal  lands,  781. 
timber  cutting  on  mineral  lands,  1345. 
Commissioner  of  Land  Office  authorized  to  make,  781. 
cutting  timber  on  stone  lands,  1324. 
Department's,  have  force  of  law  as  to  coal  lands,  781. 
disqualification  for  coal  entries,  775. 
effect  of,  as  to  coal  filings  and  entries,  781 
local,  193. 
miners',  781. 
expendittures  on  group  claims,  350. 
governing  coal  entries,  780. 

coal-land  entries,  781. 
entry  of  stone  lands,  1323. 
select  ions  of  1  ieu  lands  in  r  eser  vat  ions ,  11 70 . 
leasing  coal  lands  in  Alaska,  897. 
limiting  coal  filings  to  one  entry,  770 
local,  192. 

nonmineral  affidavit  required  by,  846. 

power  of  Department  to  make,  493. 

prohibiting  second  coal  filing,  773. 

Secretary's,  as  to  stone  lands,  1323. 

time  given  by,  for  filing  coal  declaratory  statement,  769. 

validity  of  local,  193. 

where  they  restrict  a  statute,  1344. 
REHEARING. 

See  also  Patent  proceedings.  Pleading  and  practice, 
application  for  patent,  333. 


1716 


INDEX. 


RELATION. 

See  also  Alien,  Citizenship,  Discovery,  Mining  locations,  Patent,  Title, 
alien's  application  for  citizenship  relates  to  date  of  location,  31. 

citizenship  relates  to  date  of  location,  56. 
application  of  doctrine,  701. 

to  patent,  494. 
discovery  in  shaft  relates  back  to  original  location,  70. 

tunnel  relates  to  date  of  location,  1 66. 
doctrine  not  applied  after  transfer,  535. 

of,  applied  to  placer  claims,  535. 
homestead  application  defeats  coal  classification  by,  822. 
Indian  lease  operates  by,  on  approval,  1012. 
location  on  abandoned  ground  does  not  date  back,  262. 

relates  to  date  of  discovery,  181. 
mineral  and  town-site  claimants,  1375. 
patent  for  mining  claim  dates  to  time  of  location,  1375. 
operates  by,  415. 

relates  to  date  of  application,  570. 

location,  415. 
relocation  operates  as  on  title,  209. 
title  operates  by,  209,  398. 
RELOCATION. 

See  also  Abandonment,  Agent,  Amended  location.  Annual  labor,  Coowner,  Forfeiture,  Mining  loca- 
tions. Resumption  of  work.  Trustee, 
abandoned  claim  subject  to,  495. 
after  forfeiture,  265. 

unreasonable  delay  of  patent  proceedings,  469. 
agent  can  not  acquire  title  by,  278. 
amended  location  not,  182. 

application  to  priority  of  location  in  town  sites,  1375. 
as  admission  of  record,  270. 

burden  of  proof  on  failure  to  perform  assessment  work,  267. 
by  agent,  271. 

original  locator,  265. 
trustee,  271. 
cancellation  and  entry,  268. 
cessation  of  work  for  overnight  no  ground  for,  269. 
claims  not  subject  to,  268. 

subject  to  location,  263. 
conditions  for,  265. 
coowner  can  not  obtain  title  by,  278. 
delay  in  prosecution  of  patent  proceedings,  334. 
depends  on  prior  valid  location,  265. 
determination  of,  for  want  of  assessment  work,  253. 
effect  as  admission,  704. 

of  prior  valid  location,  265. 
of  agreement  as  to  performance  of  assessment  work,  265. 
notice  of,  704. 

on  surface  and  subsurface  rights  of  original  locator,  270. 
under  act  of  May  10, 1872,  704. 
excessive  area  not  permitted,  704. 
extension  of  time  for  annual  labor  prevents,  722, 
failure  to  comply  with  requirement,  704. 

perform  annual  assessment  work,  177,  251,  253,  334,  469,  698. 
labor  subjects  claim  to,  237. 
statutory  requirements,  266. 
record  affidavit,  269. 
improvements  do  not  inure  to,  271. 
Instances  of  claims  not  subject  to,  268. 
insufficient  notice,  705. 

Land  Department  can  not  require  proof  as  to,  467. 

open  for  on  cancellation  of  mineral  entry,  59. 
location  under  original  act  not  relocated  under  later  act,  648. 
locator  can  not  create  forfeiture  and  relocate,  257. 

may  make,  265. 
made  on  abandonment  of  claim,  263, 
manner  of  contesting  validity,  435, 


INDEX. 


1717 


RELOCATION— Continued. 

mining  claim  not  subject  to,  until  forfeited,  254. 

owned  by  enlisted  person  not  subject  to,  287. 
none  after  application  for  patent,  268. 
entry,  268. 

no  right  to  make,  until  former  location  is  abandoned  or  forfeited,  68. 
not  an  abandonment  of  the  original,  260, 
made  by  stealth,  269. 

permitted  after  original  entry  in  Land  Office,  58. 
resumption  of  work,  252. 
until  first  has  expired,  264. 
while  entry  stands,  58. 

notice  of,  705. 

of  abandoned  claim,  394. 

existing  claim,  263. 
on  forfeiture,  177. 

original  locator  estopped  to  deny  after  forfeiture,  255. 
peaceable  entry  for,  operates  as  ouster,  311. 
placer  location,  515,  531. 
presumption  arising  from  patent,  414. 
prevented  by  resumption  of  work,  266. 
protestant  on,  has  right  of  appeal,  271. 
relation  of  locator  and  relocator,  270. 
relocator  as  explorer  only,  266. 

not  in  privity  of  title  with  original,  270. 

presumed  to  know  existence  of  claim,  264. 
relocator's  right  to  complain  of  failure  to  perform  assessment  work,  267. 

patent,  333. 
resumption  of  work  prevents,  252,  266. 
rights  of  relocator,  270. 

suspension  of  assessment  work  prevents,  287. 
temporary  absence  no  ground  for,  269. 
title  by  relation,  209. 

trespass  not  justified  after  resumption  of  work,  267. 
valid  location  essential  to  patent,  270. 
validity  of,  265. 

relocation  of  existing  claim,  263. 
void  as  against  all  persons,  58. 

if  on  lands  covered  by  valid  location,  58. 
work  suspended  over  Svmday,  269. 
REMOVAL  OF  CAUSE. 

See  also  Federal  courts,  Federal  jurisdiction,  Federal  questions, 
ground  sufficient,  621. 
REPAYMENT. 

See  also  Cancellation,  Deposit,  Entry,  Payment,  Price,  Purchaser. 

amendatory  and  supplemental  act,  1233. 

application  of  act  for,  as  to  part  of  mining  claim,  1220. 

to  entryman,  1220. 
assignee  of  entryman  entitled  to,  1220. 
certificate  of  deposit  not  authorized,  853. 
defaulting  applicant  for  patent  not  entitled  to,  466. 
deposit  for  mineral  land,  1233. 

mining  survey,  853. 
eflect  of  application  for,  as  to  coal  entry,  800. 
excessive  deposit,  1234. 
money  paid  for  coal  claims  in  Alaska,  894. 
none  on  cancellation  on  fraudulent  coal  entries,  734. 

of  stone  entry  for  fraud,  1323. 
not  allowed  on  failure  to  supply  supplemental  proof,  848. 
ordered,  848. 

if  entry  was  obtained  by  fraud,  847. 
where  coal  entry  was  canceled  for  fraud,  848. 
entry  was  illegal,  848. 

made  for  foreign  corporation,  848. 
of  mining  survey  deposits  not  contemplated,  848. 

money  on  cancellation  of  entry  of  stone  lands,  1322. 
on  cancellation  of  homestead  entry,  847. 


1718 


INDEX. 


R  EPA  YMENT— Continued. 

price  on  erroneous  entrj^,  847. 

right  of  assignee  of  coal-land  claim,  848. 

Secretary  of  Interior  authorized  to  make,  847. 

unearned  portion  of  deposit  for  survey,  853. 
REPEALING  SECTION  5595. 

designation  of  acts,  859. 

includes  all  Congressional  enactments,  859. 

repeal  of  acts,  860. 
REPORT. 

survej^'or's,  as  a  nonmineral  return,  1180. 
RESERVATIONS. 

See  also  Alaska,  Classification,  Cutting  timber,  Indian  lands,  Lieu  lands,  Mineral  lands,  Mining  loca- 
tions. Mining  rights,  Proclamation, 
abandoned,  1160. 

military,  1160,  1161,  1163. 

in  Montana,  1179. 
Wyoming,  1178. 
along  shore  for  highways  in  Alaska,  863. 
amendment  to  act  for  disposal  of,  1161. 
appraisement  of  mineral  lands  in,  1187. 
Arkansas,  1159. 

authority  of  Land  Department  in  selection  of  lieu  lands,  1169. 

local  officers  in  selection  of  lieu  lands,  1170. 
Black  Hills  Forest  subject  to  mining  location,  1187. 
burden  of  proof  as  to  mineral  character  of  Indian  lands,  1187. 
character  of  land  determined  at  date  of  selection  1174. 
classification  of  lands  by  field  notes,  1181. 
coal  lands  as  mineral  unless  excluded,  1183.  ~ 

in  forest,  1167. 
cutting  timber  on,  1352. 
disposal  of  abandoned,  1160,  1161,  1163. 

military,  1161. 
coal  in, 1178,  1179. 

locations  on,  1161. 
mineral  locations  on,  1161. 
minerals  in,  1178,  1179. 
effect  of  abandonment,  1160. 

patent  for  lieu  lands,  1177. 
entry  of  coal  lands  in  forest,  1167. 
mineral  lands  in,  1226. 
on,  subject  to  mining  laws,  1187. 
exclusion  of  mineral  lands  from,  15. 
extent  and  effect,  416. 
Hot  Springs,  1159. 

improper  use  of  mining  location  not  permitted,  1168. 
in  California  as  public  parks,  1162. 

Colorado  opened  to  mining  location,  1178. 
favor  of  other  claimants  to  enter,  416. 
mineral  patent  as  to  town-site  rights,  1375. 
Indian  lands  open  to  mining  locations,  1184. 
iron  lands  as  mineral  unless  excluded,  1183. 
lands  not  subject  to  selection,  1171. 

subject  to  selection  as  lieu,  1169,  1171. 
lease  of  hot  springs  and  rights  of  lessees,  1160. 
lieu  land  selections,  1169. 

lands  protected  from  subsequent  discovery,  1183. 
limitations  on  prospecting  Indian  allotments  for  mineral,  1186. 
mineral  character  of  Indian  lands,  1187. 

deposits  on  Indian  allotments,  1185. 
entry  on,  1187. 

lands  in,  in  Alaska,  restricted  to  public  domain,  1165. 

not  selectable  as  lieu  lands,  1177. 

opened  to  location  on  Indian  lands,  1184. 

reserved  from  sale,  638. 

restored  to  public  domain,  1165,  1167. 
surveyor  not  authorized  to  select  lieu  lands,  1177. 


INDEX. 


1719 


RESERVATIONS— Continued. 

minerals  in  town-site  patent,  1375. 
mining  claims  in  abandoned,  1160. 

forest,  116. 
not  a  part,  189. 

included  in,  189. 
on,  in  Alaska,  1165. 

protected,  1168,  1178. 
laws  extended  to  Indian  allotments,  1186. 
of  vacant  and  unoccupied  lands,  1173. 
rights  not  lost  by  military,  127. 
Mount  Rainier  National  Park,  exchange  of  lands  by  Northern  Pacific  Railroad  Co.,  1179,  1180. 

lands  exchanged  must  be  nonmineral,  1179,  1180. 
opened  to  mining  location,  1178. 

owner  of  mining  location  authorized  to  use  timber,  1178. 

owner's  right  to  timber  on  forest,  1162. 

practice  in  selection  of  lieu  lands,  1171. 

preference  right  to  purchase  coal  and  mineral  lands,  1178. 

preservation  of  mineral  deposits,  1162. 

President  authorized  to  set  apart,  1164. 

purpose  and  effect  of  forest  reservation  act,  1164,  1166. 

reappraisement  of  mineral  lands  in  Fort  Walla  Walla,  1187. 

regulations  governing  selections  of  lieu  lands,  1170. 

reservations  subject  to  coal  entries,  1161. 

restricted  patent  for  coal  lands,  815. 

right  to  prospect  for  minerals,  1167. 

Indian  allotments  for  minerals,  1186. 
sale  of  mineral  lands  in,  1187. 
selection  of  lands  classified  as  mineral,  1183. 

lieu  lands,  1169. 
stone  lands  locatable  in,  1161. 
subject  to  mineral  entries,  1162. 
titles  protected,  1175. 
use  of  water  for  mining  purposes,  1187. 
vested  rights  protected,  1175. 
RESERVATIONS  IN  PATENT. 

See  also  Known  veins  or  lodes,  Land  Department,  Minerals,  Patent,  Railroad  grants,  Town  sites, 
authority  of  Land  Department  to  make,  416. 
for  surface  coal  lands,  823. 
known  lodes  reserved,  708. 

not  authorized  in  favor  of  town-site  claimant,  416. 
of  known  lodes,  708. 

ownership  of  vein  in  reserve  ground,  416. 
patent  for  lieu  lands,  1177. 
reservations  not  permitted,  416. 

permitted,  416,  708. 
RESERVOIRS. 

See  also  Alaska,  Appropriation  of  land,  Ditches,  Flumes,  Rights  of  way. 

acquiring  easement  for  site,  613. 

completion  before  acquiring  easement  for,  613. 

for  mining  purposes,  1192. 

land  not  reserved  for  construction  of,  610. 

mineral  lands,  1190. 

not  locatable  on  mining  claim,  1228. 

rights  of  way  for,  1190,  1228. 

in  Alaska,  903,  1192. 

mining  purposes,  1192. 
on  public  lands,  1189. 
to,  protected,  657. 
selection  by  settlers,  1228. 
site  not  locatable  on  mining  claim,  1189. 
subject  to  mining  location,  1228. 
RESUMPTION  OF  WORK. 

See  also  Abandonment,  Annual  labor,  Diligence,  Forfeiture,  Mining  locations.  Relocation, 
burden  of  proof  as  to,  267. 
continuance  of  possessory  right,  267. 
determination  in  adverse  proceedings,  466. 


1720 


INDEX. 


RESUMPTION  OF  WORK— Continued. 

diligence  in  prosecution  required,  267. 

effect  and  meaning,  251. 

forfeiture  prevented  by,  256,  264,  267. 

intention  derived  from  circumstances,  256. 

locator  may  resume  work  before  relocation  is  completed,  264. 

prevents  abandonment,  259. 

for  failure  to  perform,  260. 

proof  in  adverse  proceedings,  466. 

relocation  prevented,  252,  266. 

what  constitutes,  256. 
RETURN. 

See  Surveyor's  return. 
REVIEW. 

not  permitted  because  former  decision  was  against  the  evidence,  846. 
RIGHTS  OF  WAY. 

See  also  Alaska,  Canals,  Corporations,  Dams,  Ditches,  Dumping,  Easements,  Eminent  domain, 
Flumes,  Indian  lands.  Mining  locations,  Pipe  lines,  Public  lands,  Railroad  grants,  Reservations, 
Reservoirs,  Water  rights, 
across  forest  reservations  in  Alaska,  1193. 
amendment  of  original  act,  1188. 
application  of  act  to  mining  property,  1193. 

settlers'  relief  acts,  1228. 
approval  of  map  by  Secretary  necessary,  1228. 
as  way  of  necessity,  591. 
canals  and  ditches,  1189. 

for  mining  purposes,  1192. 
on  public  lands,  1190. 
used  by  settlers,  1228. 
coal  excepted  from  grant  to  Passadena  &  Mount  Wilson  Railway,  1191. 

in  Alaska  excluded,  863. 
dams  for  mining  purposes,  1192. 

reservoirs,  water  plants,  ditches,  flumes,  pipes,  canals,  and  tunnels  in  Alaska,  862,  903,  1192. 
ditches,  canals,  reservoir  sites,  1190. 

for  mining  purposes,  1192. 
electric  power,  1191. 

for  mining  purposes,  1192. 
exercise  of  eminent  domain  in  Alaska,  903. 
extended  to  public  lands,  1188. 
extent  at  point  of  intersecting  veins,  591. 
flumes  for  mining  purposes,  1192. 
for  appropriating  water  protected,  658. 

canals,  1191.  . 

and  ditches,  612,  659. 
deposit  of  taflings  from  mines  in  Alaska,  871. 
ditches,  610. 

'dumping  places  for  working  mines  in  Alaska,  903. 
flume  protected,  623. 
highways  on  shores  in  Alaska,  863. 
milling  purposes  in  Alaska,  903,  1193. 
mining  purposes  in  Alaska,  903,  1193. 
oil  and  gas  pipe  lines,  1070. 
reduction  of  ores  in  Alaska,  1193. 
refuse  matter  from  mines  in  Alaska,  903. 
reservoirs,  1191. 
reservoir  sites  in  Alaska,  903. 
tramroads,  1191. 

tunnel  through  prior  surface  location,  1192. 
water,  612. 
forfeiture  for  use  of  water,  620. 

Fort  Smith  &  Western  Coal  Raihoad  through  Indian  Territory,  1190. 
grant  for  milling  purposes,  1193. 

mining  purposes,  1193. 

pipe  lines  over  Indian  lands,  1069. 

use  in  reduction  of  ore,  1193. 
to  Salt  Lake  &  Fort  Douglas  Raikoad  Co.,  1144. 
in  case  of  intersecting  veins,  591. 


INDEX. 


1721 


RIGHTS  OF  WAY— Continued, 
intersection  of  veins,  132. 
junior  does  not  effect  surface  rights,  592. 

locator's  right  through  intersecting  veins,  591. 

intersection  of  vein,  590. 
lands  subject  to,  for  water,  613. 
limitations  on  use  of,  1193. 
limited  to  public  lands,  613. 

lode  claimant  does  not  have,  through  placer  claim,  555. 
methods  of  acquiring,  for  canals,  1228. 

obtaining,  1190. 
mineral  lands  and  reservoir  sites,  1189,  1190. 

patent  subject  to  railroad's,  1189. 

excluded  from  in  Alaska,  862. 

excepted  from  grant  to  Pasadena  &  Mount  Wilson  Railway,  1191. 
in  Alaska  excluded,  863. 
included  in  railroad,  1144. 
mining  claims  subject  to  railroad,  1189. 
mining  operations  in  Alaska  not  to  interfere  with,  863. 

on  prohibited,  863. 
not  an  adverse  claim,  668,  669. 
authoiized  over  mining  claim,  659. 
oil  and  gas  pipe  lines  in  Arkansas,  1073. 
on  water  fronts  in  Alaska,  874. 
over  mill  sites  on  water  fronts  in  Alaska,  874. 
mineral  lands,  1111. 

on  water  fronts  in  Alaska,  874. 
public  lands  in  Colorado,  1068. 

Wyoming,  1068. 

pipe  lines,  1068. 

for  mining  purposes,  1192. 
protected  without  adverse  claim,  668. 
provisions  extended  to  canals,  ditches,  and  reservoirs,  1228. 
railroad  over  mineral  lands,  1105. 
raihoads,  plank  roads,  and  turnpikes,  1188. 
refused  where  use  for  mining  purposes  is  incidental,  1193. 
reservoir  sites,  613,  903,  1189,  1190,  1192,  1228. 
reservoirs  for  mining  purposes,  1192. 

on  public  lands,  1190. 
roads  leading  to  mines,  903. 

rules  and  regulations  prescibed  by  Secretary,  1193. 
Secretary  authorized  to  grant,  over  Indian  lands,  1069. 

to  approve  surveys  of,  over  reservations,  1191. 
selection  of  reservoir  sites,  1228. 
stone  included  in  railroad,  1144. 
through  Indian  Territory  to  coal  lands,  960. 
intersection  of  veins,  587. 
public  lands,  1188. 
reservations  in  Alaska,  862. 
tramroads  over  public  lands,  1190. 
transportation  of  oil,  1071. 
tunnel  owner's  rights,  171. 

subject  to  surface  rights,  171. 
for  mining  purposes,  1192. 
use  for  pinrpose  of  mining  coal,  1191. 
of  electric  power,  1191. 
material  and  stone,  1188. 
width  of,  for  mining  corporations,  1190. 
on  public  lands,  1190. 
RIPARIAN  RIGHTS. 

See  also  Common  law,  Desert  lands,  Hydraulic  mining,  Mining  statutes,  Water  rights, 
application  of  doctrine,  660. 

to  public  lands,  619. 
doctrine  does  not  apply  to  public  land,  707. 
granted  to  purchasers  of  public  land  before  original  act,  656. 
miners'  use  of  running  waters,  619. 

56974°— Bull.  94,  pt  2—15  57 


1722 


INDEX. 


RIPARIAN  RIGHTS— Continued. 

no  application  of  common-law  doctrine,  C19. 

prior  appropriation  according  to  miners'  rules,  660. 

priority  of  appropriation  will  defeat,  619. 

rights  of  riparian  owners,  660. 

use  of  water  for  mining,  619. 

vested,  protected,  619. 
ROADS. 

See  also  Annual  labor,  Group  claims,  Improvements,  Mining  locations.  Relocation, 
as  improvement  on  mining  ground,  244. 
miner's  right  to  construct  within  forest  reservation,  1163. 
wagon  road  as  an  improvement,  348. 
work  on,  as  annual  labor,  244. 
ROCK. 

See  also  Minerals,  Stone,  Stone  lands, 
as  mineral,  518. 
ROCK  IN  PLACE. 

See  also  Discovery,  Mineral  deposits.  Mining  locations,  Yeins  or  lodes, 
as  discovery,  650. 

auriferous  cement  in  river  beds  not,  650. 

bearing  gold,  35.  ' 
discovery,  67. 

not  enterable  as  placer  claim,  96. 

sand  rock  or  sedimentary  sandstone  bearing  gold  may  be,  46. 

term  construed  liberally,  650. 
ROCK  PHOSPHATE. 

See  also  Phosphate,  Phosphate  lands. 

blanket  vein  located  as  lode  claim,  40. 

lands  valuable  for,  are  mineral,  18. 
ROCK  SALT. 

See  also  Mineral  deposits.  Salt,  Salt  lands. 

not  subject  to  entry  imder  mineral  laws,  1202. 
ROYALTIES. 

See  also  Alaska,  Coal,  Coal  lands,  Gebo  mine,  Indian  lands.  Leases,  Oil  lands,  Sutro  Tunnel. 

assignment  by  Indian,  under  mining  lease,  1000.  - 

claim  for,  must  be  according  to  statute,  1009. 

conditions  for,  payment  inserted  in  patent,  1385,  1386. 

gas  and  oil,  on  Indian  lands,  988. 

Indians  not  deprived  of,  by  statute,  1008. 

mines  drained  by  Sutro  Tunnel  must  pay,  1385,  1386. 

on  Indian  asphalt  and  coal  leases  fixed  by  regulations,  1009. 

payment  in  advance,  1009. 

to  Chickasaw  Nation  according  to  regulations,  1009. 
Osage  Tribe,  1026. 
proof  to  recover  from  mines  drained  by  tunnel,  1385. 
RULES  AND  REGULATIONS  OF  MINERS. 

See  Land  Department,  Miners'  rales  and  regulations,  Mining  statutes,  Regulations,  Secretary  of  the 
Interior. 

S. 

SALE. 

See  also  Assignors  and  assignees.  Coal  lands,  Conveyance,  Grant,  Mining  locations,  Patent,  Prefer- 
ence rights.  Public  sale,  Salines,  Salt  springs,  Title, 
coal  lands,  655. 

at  private,  788. 

public,  788. 
by  private  entry,  781. 
condition  implied  as  to  adjoining  lands,  654. 
conveyance  of  mining  claim  by  deed,  188. 
lands  adjoining  mining  location,  654. 

subject  to  rights  of  owner,  136. 
sold  subject  to  extjalateral  rights,  136. 
mineral  lands  reserved  from,  2, 1202. 
mining  location  by  locator,  57. 

not  affected  b-"  ubsequent  discovery  of  mineral,  1263. 

mines  or  salines,  1203. 

preference  rig..t  for  coal  lands,  730. 

price  of  mineral  land  in  Indian  reservation,  978. 


INDEX. 


1723 


SALE— Continued. 

provisions  for  disposal  of  salines,  1210. 
public  and  private,  of  coal  lands,  788. 
saline  lands,  1212. 

salines  and  salt  springs  in  Illinois,  1252. 

Ohio,  1252. 

in  Indiana,  1205. 
salt  deposits,  1212. 

springs  in  Arkansas,  1204. 
Illinois,  1204. 
Michigan,  1204. 
Ohio,  1204. 
Salt  Lick  Reservation  in  Tennessee,  1204. 
stone  lands  after  entry,  1333 
SALINES. 

See  also  Lease,  Minerals,  Mining  statutes.  Policy  of  Government,  Public  lands,  Sale,  Salt  springs. 

School-land  grants.  State  grants.  Surveyor  general, 
acquisition  of,  under  mining  laws,  1213. 
acts  creating  exception  as  to  disposal,  1210. 

relating  to,  construed  together,  1210. 
application  for  patent  for,  1213. 

of  act  to  States,  1211. 

Nebraska  enabling  act  to  completed  claims,  1273. 
term,  1211. 

to  salty  formations  in  Kansas  and  Nebraska,  1202. 
authority  of  Cherokee  Nation  to  lease,  1213. 

claimants  must  file  claims  with  commissioners  within  statutory  period,  1160. 
commissioners  determine  rights  of  occupants  as  to  legal  title,  1160. 
construction  of  term  as  used  by  Congress,  1202. 
determination  as  to,  conclusive  on  court,  315. 
disposal  of,  in  Ohio,  1245. 

Utah,  1212,  1294. 
under  special  acts,  1195. 

mineral  land  laws,  1213. 
duty  of  commissioners  as  to  rights  of  occupants,  1160. 

register  and  receiver  to  take  testimony  as  to  character,  1212. 
surveyor  to  note,  S50. 
effect  of  grant  to  Illinois,  1247. 

notation  of,  on  surveyor's  plat,  1195, 1212. 
subsequent  discoveries,  1203. 
entry  on  margin  of  Great  Salt  Lake  not  permitted,  1202. 
excepted  from  Cherokee  Outlet,  973. 

grant  to  Arizona,  1302. 

Colorado,  1279. 
New  Mexico,  1301, 1302. 
settlers  in  Oregon,  1087. 
Indian  lands,  972. 
Iowa  homesteads,  1203. 
mineral  lands,  690. 

New  Madrid  earthquake  certificate,  1198. 

preemption  rights,  1200,  1203. 

public  lands  in  Nebraska,  1208. 

sale,  1200,  1202. 
extent  of  grant  to  Illinois,  1247. 

New  Mexico,  1298. 
granted  to  Arkansas,  1253. 

Florida,  1254. 
Illinois,  1246. 
Indiana,  1245. 
Iowa,  1254. 
Kansas,  1267,  1270. 
Michigan,  1254. 
Missouri,  1251,  1252, 
Nebraska,  1273. 
New  Mexico,  1298. 
Ohio,  1239. 
Oregon,  1268. 

Wisconsin,  1255,  1256,  1264. 


1724 


INDEX. 


SALINES— Continued. 

hearing  to  detennine  character,  1212. 
Hot  Springs,  Ark.,  1160. 

in  Cherokee  Nation  restored  to  public  domain,  973. 
include  all  forms  of  salt  rock,  springs,  and  beds,  1201, 1214. 
salt-chloride  of  sodium,  1298. 
licks,  1211. 
included  in  railroad  grant  to  Iowa,  1264. 
intention  of  Congress  to  reserve,  1207. 
laborers  and  lessees  have  no  preemption  rights,  1160. 
lands  containing,  are  mineral  lands,  1201. 
granted  to  Alabama  with,  1248. 
valuable  for,  are  mineral,  19. 
lease  of,  1040,  1196,  1197,  1199. 

for  salt  manufactxire,  1213. 

hot  springs,  1160. 

includes  lead  mines,  1196,  1197. 

salt  springs,  1196. 1197. 
lessees  no  right  to  improvements  as  against  lessors,  1160. 
locatable  under  placer  mining  laws,  1214. 
location  under  mining  laws  in  Utah,  1295. 
Louisiana,  1242. 
meaning  of  term,  1211. 
method  for  acquiring,  834. 
methods  of  disposal,  1316. 

sale  of,  1212. 
mineral  springs  not  excepted,  1203. 

salt  beds,  springs,  sand  rock  included,  1211. 
mining  statutes  extended  to,  1214. 
not  enterable  as  public  lands,  1202. 
miaeral,  20. 

recognized  as  mineral  by  mining  statutes,  639. 
subject  to  mining  locations  in  Utah,  1294,  1295. 
preemption,  1195. 

occupants  must  file  claims  with  commissioners  within  statutory  period,  1160. 

on  agricultural  lands,  1196. 

part  of  grant  to  Utah,  1294. 

patent  for  land  containing,  denied,  1203. 

policy  of  Government  as  to,  833,  1205,  1206,  1211. 

not  to  dispose  of,  834. 
to  reserve  from  sale,  1086,  1195. 
preemption  entry  of,  not  permitted,  1201. 

rights  can  not  include,  1200. 
President  authorized  to  lease,  1244. 
presumptive  character  of,  972. 
proclamation  reserving  from  Indian  lands,  973. 
provisions  for  disposal,  1211. 

of  statute  for  disposal,  1209,  1210. 
purpose  of,  requiring  surveyors  notations  as  to,  850. 
reservation  act  continued,  1197. 

from  agricultural  entry,  1212. 
reservations  continued,  1196,  1197. 

of,  833,  1200,  1202. 
reserved  for  future  disposal,  1197. 

from  agricultural  entry,  1212. 
grant  to  Nevada,  1270. 
Indian  lands,  973. 
Nebraska  enabling  act,  1272. 
public  sale  in  Nebraska,  1208. 
sale,  849,  1195,  1196,  1207,  1209,  1210,  1240. 
or  preemption,  1202. 
whether  noted  or  not,  1202. 
school  grants  to  Nevada,  1272. 
State  grant,  1251. 
in  Illmois,  1039. 
Kansas,  1205,  1207. 
Michigan,  1039. 


INDEX. 


SALINES— Continued. 

reserved  in  Missouri,  1039, 

Nebraska,  1205,  1207. 
New  Mexico,  1205. 
Orleans  and  Louisiana,  1242. 
restored  to  public  domain  from  Cherokee  Outlet,  973. 
sale  and  price,  1212. 
of,  in  Illinois,  1252. 
Indiana,  1205. 
Ohio,  1252. 
to  Iowa,  1256. 
selection  as  a  satisfaction  of  grant  to  Nebraska,  1273. 

of,  by  Oregon,  1269. 
State  can  not  claim,  as  against  patentee,  1246. 

selections  of,  1203. 
statute  for  disposal  not  applicable  to  Nevada,  1212. 

Oklahoma,  1212. 

surveyor  general's  duty  as  to,  1208. 

must  note,  on  field  notes,  1194. 
surveys  and  reservation,  1196. 
terms  of  sale,  1212. 

title  In  absence  of  notation  on  survey,  851. 

may  be  held  in  trust  for  another,  1160. 
western  saline  reserves  excepted  from  Indian  lands,  972. 
SALT. 

See  also  Minerals,  Salines,  Salt  deposits.  Salt  lands, 
as  a  mineral,  518. 

as  belonging  to  mineral  kingdom,  1210. 
excepted  from  railroad  grants,  1101. 
lands  valuable  for,  are  mineral,  19. 

patented  as  placer  claims,  690. 

not  mineral,  20. 
SALT  DEPOSITS. 

application  for  patent  for,  1213. 

authority  of  Cherokee  Nation  to  lease,  1213. 

lease  of,  1212. 

locatable  under  placer  mining  laws,  1214. 
location,  1214. 

manufacture  of  salt  from,  1213. 
method  of  disposal,  1316. 
not  subject  to  placer  entry,  1210. 
sale  of,  1212. 

SALT  LAKE  AND  FORT  DOUGLAS  RAILROAD  CO. 

minerals  not  reserved,  1144. 
SALT  LANDS. 

policy  as  to  reserving,  787. 
sale,  of,  1211. 
SALT  SPRINGS. 

See  also  Salines,  Salt  deposits.  Salt  lands,  State  grants, 
burden  of  proof  on  State  as  to,  1246. 
contiguous  sections  reserved,  1240. 
definite  legislative  meaning  as  to  reservation,  1196. 
disposal  of,  in  Missouri,  1039. 
in  Ohio,  1245. 
under  mineral-land  laws,  1213. 
duty  of  surveyor  to  note,  849,  851, 1194,  1195. 
effect  of  grant  to  Illinois,  1247. 

return  of  surveyor  general,  834. 
entry  on,  unlawful,  835. 
excepted  from  grant  to  Colorado,  1279. 
lieu  lands,  1198. 
mineral  lands,  690. 
sale  of  public  land,  1242. 

in  Nebraska,  1208. 
excluded  from  Colorado  grant  where  private  rights  have  vested,  1281. 

grant  to  Arkansas  where  private  rights  have  vested,  1252. 
Florida  where  private  rights  are  vested,  1255. 


1726 


INDEX. 


SALT  SPRINGS— Continued. 

excluded  from  grant  to  Kansas  where  private  rights  are  vested,  1267. 

Michigan  where  private  rights  have  vested,  1254. 
Minnesota  where  private  rights  have  vested,  1266. 
Missouri  where  private  rights  have  vested,  1251. 
Nebraska  where  private  rights  are  vested,  1273. 
Oregon  where  private  rights  are  vested,  1268. 
Wisconsin  where  private  rights  are  vested,  1256. 
exempted  from  bounty  land  grants,  1199. 

Canadian  volunteers'  bounty,  1199. 
extent  of  grant  to  Illinois,  1247. 
failure  of  Colorado  to  select  within  time  fixed,  1281. 
first  act  making  provision  for  disposition,  1210. 
Governor  of  Arkansas  authorized  to  lease,  1200. 
grant  of,  includes  discovered  and  undiscovered,  1247. 
to  Arkansas  limited  to  twelve,  1252. 
Florida  limited  to  twelve,  1255. 
Iowa  limited  to  twelve,  1255. 
Kansas  limited  to  twelve,  1267. 
Michigan  limited  to  twelve,  1254. 
Oregon  limited  to  twelve,  1268. 
Miimesota  limited  to  twelve,  1266. 
Wisconsin  limited  to  twelve,  1256. 
granted  to  Arkansas,  1253. 

Florida,  1255. 
Illinois,  1246. 
Indiana,  1245. 
Iowa,  1255. 
Kansas,  1267,  1270. 
Michigan,  1254. 
Missouri,  1251, 1252. 
Nebraska,  1273. 
Ohio,  1239. 
Oregon,  1268. 
Wisconsin,  1256,  1264. 
Hot  Springs  Reservation,  1160. 
Land  Department  not  authorized  to  dispose  of,  1281. 
lands  containing,  withdrawn  from  homestead  and  preemption,  840. 
granted  to  Alabama  with,  1248. 
necessary  for  working,  granted  to  Alabama,  1248. 
valuable  for,  patented  as  placer  claims,  690. 
lease  for  working,  1160,  1197. 

of,  in  Arkansas,  1200. 
limitation  on  selection  in  Colorado,  1281. 
limited  to  grant  to  Nebraska  to  twelve,  1272. 

under  Colorado  grant  to  twelve,  1281. 
locatable  in  Alaska  as  placer  claims,  1213. 
Louisiana,  1242. 

mining  statutes  extended  to,  1214. 

New  Madrid  certificate  for,  1198. 

not  disposed  of,  as  agricultural  or  mineral  lands,  834. 

under  agricultural  land  laws,  834. 
enterable  as  part  of  vacant  public  lands,  1202. 
included  in  school  grant,  1242. 
notations  as  to,  by  surveyors,  850. 
one  entry  of,  permitted  in  Alaska,  1213. 
Oregon  enabling  act  directory  as  to  selection  of,  1269. 
permission  of  President  to  operate,  1244. 

to  work,  granted  by  President,  1214. 
policy  of  Government  as  to,  833, 1206. 

as  to  reserving,  787,  834,  1195. 
President  authorized  to  lease,  1244. 

sell,  1242. 
reservation,  833, 1240, 1241. 

act  continued,  1197. 
reserved  for  future  disposal,  1197. 

of  States,  1242. 


INDEX. 


1727 


SALT  SPRINGS— Continued. 

reserved  from  grant  to  Indiana,  1240. 
sale,  1240. 

of  public  land,  1240. 
tract  of  land  granted  to  Colorado,  1196. 
in  Illinois,  1199. 

Orleans  and  Louisiana,  1242. 
with  sections  contiguous  thereto,  1240. 
rights  of  holder  of  New  Madrid  certificate  for,  1198. 
sale  of,  in  Arkansas,  1204. 

Illinois,  1204, 1252. 
Michigan,  1204. 
Ohio,  1204,  1252. 
Salt  Lick  Reservation  in  Tennessee,  1204. 
to  Iowa,  1256. 

Michigan  confirmed,  1205. 
Salt  Lick  reserved  as,  1211. 
selection  by  Oregon,  1269. 
settlers  prohibited  from  working,  1215. 
State  can  not  claim  as  against  grantee,  1246. 
State's  right  to,  as  against  patentee,  1246. 
time  of  making  selection,  1269. 

selection  under  Oregon  enabling  act,  1269. 
vested  rights  in,  protected,  1273. 

with  lands  reserved  for  use  of,  granted  to  Alabama,  1248. 
working,  1197. 

prohibited,  1197. 

SAND. 

See  also  Mineral  deposits.  Minerals, 
as  a  mineral,  518. 
not  mineral,  20. 
SANDSTONE. 

See  also  Mineral  deposits.  Minerals,  Stone,  Stone  lands, 
lands  valuable  for,  are  mineral,  20. 

excluded  from  railroad  grant,  1110. 

locatable  as  placer  claims,  520. 

SANTA  BARBARA. 

grant  to,  with  minerals  excepted,  1305. 
SCHOOL-LAND  GRANTS. 

See  also  Classification,  School  sections.  State  grants, 
burden  of  proof  as  to  mineral  character,  317. 
classification  of  oil  lands  in  California,  1285. 
coal  entries  on,  725. 

lands  excepted  from,  1290. 

in  Wyoming  included  in,  1278. 
effect  of  mineral  discovery  after  siirvey  of  Colorado  grant,  1283. 
grant  takes  effect  from  time  of  survey,  1200, 1283. 
to  Alabama  includes  mineral,  1248. 
Colorado,  1284. 

takes  effect  from  time  of  survey,  1283. 
Nevada,  1286. 
indemnity  selections,  837,  838. 

in  California,  838. 
Oklahoma,  838. 
railroad  grants,  838. 
known  mineral  lands  excepted  from  grant  to  Colorado,  1282. 
lease  of,  in  Oklahoma,  995. 
mineral  claimants  can  acquire  no  rights  in,  656. 
lands  excepted  from,  656, 1200. 

in  California,  1200. 
in,  open  to  exploration  and  purchase,  1262. 
not  conveyed  by,  in  Nevada,  1271. 
reserved  from  grant  to  Nevada,  1272. 

State,  1248. 
Washington,  1257. 

mining  locations  on  lands  within,  741. 

not  subject  to  entry  for  valuable  stone  in  Alaska,  1328. 


1728 


INDEX. 


SCHOOL-LAND  GRANTS— Continued. 

not  subject  to  mining  laws  in  Oklahoma,  1299. 
oil  lands  in  California,  1285. 

patent  for,  not  acquired  by  lease  to  mining  company,  1084. 

placer  locations  on,  516. 

priority  of  mining  rights,  656. 

right  of  mineral  claimant  in  school  lands,  1283. 

salt  springs  and  lead  mines  reserved,  1242. 

selection  by  State  superior  to  subsequent  homestead  application,  1289. 
of  indemnity  lands,  1272,  1285. 
lieu  lands  when  mineral,  1289. 
State  can  not  select  its  minerals,  1091. 

has  no  right  as  against  mineral  claimant,  1261. 
may  make  indemnity  selections  if  mineral,  838. 
stone  lands  not  excepted  from  grant  for,  1332. 
time  for  taking  effect  of  grant,  1260,  1282. 

grant  takes  effect,  1289. 
title  to,  not  based  on  settler's  right  after  abandonment,  1284. 
vesting  of  title  to,  in  California,  1261. 
SCHOOL  SECTIONS. 

See  also,  Lieu  lands.  Mineral  lands.  School-land  grants,  State  grants,  State  selections, 
application  for,  disposed  of  as  other  contest  cases,  1295. 
California  has  no  vested  right  to  select  lieu  lands,  1262. 
coal  lands  reserved  from  grant  to  California,  1261. 

in  Colorado,  1281, 1282. 
excluded  from  California  survey  act,  1260. 

grant  to  Nevada  if  mineral,  1272. 
include  coal  lands  in  Wyoming,  1278. 
mineral  lands,  837. 

excluded  in  California  survey  act,  1259. 
not  selectable  as  lieu  lands,  1262. 
reserved  from  grant  to  Nevada,  1271. 
minerals  or  stone  in,  not  subject  to  location  in  Washington,  1290. 
operations  of  mining  laws  as  to,  in  Oklahoma,  1299. 
settlers  on,  in  Nevada  protected,  1272. 
title  not  affected  by  change  of  condition,  1289. 

of  Colorado  to,  not  affected  by  subsequent  discovery,  1282. 
SECRETARY  OF  AGRICULTURE. 

jurisdiction  over  mining  claims  within  forest  reservations,  1168. 
SECRETARY  OF  THE  INTERIOR. 

See  also  Indian  lands,  Indian  leases,  Land  Department,  Lease,  Public  lands,  Regulations, 
allotment  of  Indian  lands,  1001, 1010. 
approval  of  classification  of  railroad  land,  1156. 

Indian  leases  and  effect,  1012, 1015, 1018. 

for  mining  purposes,  1002. 
right-of-way  map,  1228. 

survey  for  right  of  way  over  reservation,  1191. 
approves  right  of  way  over  forest  reservations  for  mining  purposes,  1193. 
authority  of,  829. 

in  patent  proceedings,  293. 
over  Choctaw  and  Chickasaw  lands,  1013. 
Indian  leases,  1009, 1015. 

mining  leases,  1009,  1029. 
minerals  in  Indian  lands,  1009. 
oil  and  gas  leases,  1015. 
to  dispose  of  Indian  lands,  961. 
grant  right  of  way  in  Alaska,  861. 
permit  Owl  Creek  Coal  Co.  to  operate  mine,  828. 
repay  to  purchaser  money  paid  for  land,  847. 
authorized  to  correct  mistake  on  surrender  of  patent,  848. 

permit  withdrawal  of  erroneous  entry,  848. 
consent  to  assignment  of  Indian  lease  necessary,  1017. 
control  of  mining  claims  within  forest  reservation,  1163. 
disposal  of  mining  claims  in  abandoned  military  reservations,  1160. 

public  domain,  829. 
duty  to  dispose  of  cases  according  to  law,  829. 

safeguard  Indians  in  mineral  leases,  1015. 


INDEX. 


1729 


SECRETARY  OF  THE  INTERIOR— Continued, 
eflfect  of  approval  of  Indian  leases,  1017. 

designation  of  lands  as  agricultural,  C27. 
empowered  to  grant  right  of  way  for  pipe  line,  1070. 
exercise  of  authority  over  lead  mines,  1038. 

minerals,  1038. 
legal  discretion,  829. 
grant  of  right  of  way  for  pipe  lines  through  Indian  lands,  1069. 
incompentency  of  Indian  lessor  not  affected  by  approval  of  lease,  1017. 
investigations  on  approval  of  the  Indian  leases,  lOlG. 
leasing  coal  lands  in  Alaska,  983. 

matters  considered  in  approving  classification  of  railroad  land,  115G. 
may  determine  whether  coal  entries  were  fraudulent,  733. 

permit  use  of  timber  or  stone,  1169. 
mineral  lands  within  forest  reservation  restored  to  public  domain  by,  11G7. 
mining  leases  subject  to  approval  of,  1027. 
parties  to  action  against,  by  Cherokee  to  enjoin  leasing,  1009. 
power  to  issue  patent  for  oil  land  after  classification,  1134. 
prescribes  regulations  for  use  of  timber  by  miners  in  Alaska,  869. 
prescribing  regulations  for  use  of  timber  and  stone  by  miners  in  Alaska,  1352. 
reasonableness  of  rules  and  regulations,  829. 
reclassification  of  mineral  lands  in  Alabama,  1095. 
regulations  against  transfer  of  Indian  leases,  1017. 

as  to  cuttiQg  timber  on  stone  lands,  1324. 
payment  of  rents  and  royalties,  1024. 

royalty  to  Chickasaw  Nation,  1009. 
stone  land  entries,  1323. 
timber  cutting  for  mining  purposes,  1343. 

on  mineral  lands,  1345. 

authorized  by,  829. 

for  acquiring  coal  locations  in  Alaska,  890. 
leasing  coal  lands  in  Alaska,  897. 

Indian  lands,  1009. 
protecting  mineral  deposits  in  parks,  1184. 

timber  in  parks,  1184. 
reciprocal  rights  to  Canadians  in  Alaska,  885. 
rules  and  regulations  for  cutting  timber  on  mineral  lands  in  Alaska,  870. 

governing  rights  of  way  in  Alaska,  1193. 
sale  of  nonmineral  Indian  lands  by,  1024. 
town-site  trustees  named  by,  867. 

validity  as  to  regulations  of  timber  cutting  on  mineral  lands,  1345. 

withdrawal  order  can  not  affect  vested  right  in  mining  location,  1390. 
SECRETARY  OF  WAR. 

authority  to  permit  mining  in  Alaska  under  waters  below  tide,  871. 

can  not  prevent  miners  from  dumping  tailings  into  the  sea,  871. 
SEGREGATION. 

plat  and  coal  filing,  769. 
SELECTIONS. 

See  Railroad  grants.  Lieu  lands,  School  grants,  School  lands,  State  grants,  State  selections. 
SEMINARY  GRANTS. 

mineral  lands  excepted  from,  1261. 

in  California,  1261. 
SETTLEMENTS  BEFORE  SURVEY. 

See  also  Settlers'  relief  act. 

amendments  of  sections  2275  and  2276,  836. 

indemnity  lands  in  lieu  of  school  sections,  838. 
provisions,  838. 

purpose  of  amendment,  838. 

school  sections  mineral,  838. 
SETTLERS. 

abandonment  can  not  inure  to  benefit  of  third  person,  1284. 
donations  not  extended  to  mineral  land,  1207. 
improvements  protected,  625. 
lands  exempt  from  railroad  selections,  1230. 
liability  for  injuries  of  water  rights  of,  661. 
on  mineral  lands  of  California  not  protected,  1259. 
railroad  lands  protected,  1147. 


1730 


INDEX. 


SETTLERS— Continued. 

permission  to  work  lead  mines  and  salt  springs,  1214. 
preference  right  of  entry,  639. 
protected,  639. 

from  State  selection,  799, 
relief  to,  on  railroad  lands,  1230. 
right  to  cut  and  use  timber,  1228. 

purchase  under  trespass  condonation  act,  1219. 
surface  patent  for  coal  land,  813. 
rights  during  five  years'  residence,  1224. 

initiated  by  filing  declaratory  statement,  1228. 
not  affected  by  subsequent  discovery,  1232. 
protected,  624. 
SETTLERS'  RELIEF  ACT. 

See  also  Alabama,  Coal  lands.  Condonation,  Cutting  timber.  Railroad  lands.  Repayment,  Settlement 

before  survey, 
act  applies  to  nonmineral  lands,  1225. 

not  retroactive,  1225. 
application  of,  1217, 1218. 

act  to  coal  lands,  1227. 

mineral  lands,  1218. 
to  entries  of  coal  lands,  1217. 

persons  procuring  cancellation  of  existing  entry,  1217. 
assignees  entitled  to  relief,  1220. 
burden  of  proof  as  to  phosphate  discoveries,  1221. 
cancellation  of  entry  by  settler,  1233. 

patent,  1228. 
claims  initiated  imder  act,  1228. 
construction  and  administration,  1219. 

of  act,  1217, 1218,1224. 
easements,  1228. 

entry  of  mineral  lands  in  reservations,  1225. 
homesteads  in  Alabama,  1231. 

unaffected  by  subsequent  discovery  of  minerals,  1232. 
inchoate  rights  in  mineral  lands  in  Alabama  required  under,  1217. 
indemnity  selections  by  railroads,  1230. 
lands  subject  to  sale  under,  1230. 
methods  of  acquiring  canals,  1228. 
mineral  character  of  homestead  settlement,  1226. 
entries  by  settlers  canceled,  1233. 
lands  not  subject  to  selection,  1232. 
reserved,  1225. 
no  repayment  on  fraudulent  entry,  1220. 
preference  right  of  entry  under,  1218. 
purchase  of  lands  condones  trespass,  1218. 
purpose  of  act,  1224. 
railroad  lands  in  New  Mexico,  1231. 
relief  as  to  mineral  surveys,  1234. 

of  settlers  on  railroad  lands,  1215. 

in  New  Mexico,  1231. 
repayment  in  case  of  erroneous  entry,  1220. 

to  settler  of  excessive  deposit  for  survey,  1234. 

on  cancellation  of  mineral  entry,  1233. 

repealiag  effect,  1225. 
reservoir  sites,  1228. 

return  of  lands  as  mineral  not  a  classification,  1230. 

right  to  cut  timber,  1228. 

rights  conferred  after  entry,  1217. 

by  act,  1217. 
of  agricultural  against  mineral  claimants,  1217. 
settlers  protected,  1224. 
way,  1228. 
selection  of  lieu  lands,  1216. 

reservoir  sites,  1228. 
settlements  on  railroad  lands,  1229,  1231. 
settlers'  cost  of  mineral  survey,  1234. 
settlers  entitled  to  relief,  1220. 


INDEX. 


1731 


SETTLERS'  RELIEF  ACT— Continued. 

settlers  may  prove  claim  if  not  mineral  at  date  of  entry,  799. 
on  mining  claims,  1224. 

railroad  lands  in  Alabama,  1231. 
permitted  to  work  lead  mines  on  condition,  1215. 

salt  springs,  1215. 
protected  against  phosphate  discoveries,  1221. 
rights  as  against  subsequent  discovery  of  mineral,  799. 
trespass  condoned  by  purchase,  1218. 
use  of  canals,  1228. 
timber,  1228. 

working  lead  mines  prohibited  with  approval,  1215. 

salt  springs  prohibited  without  approval,  1215. 
SEWARD  PENINSULAR. 

judicial  notice  as  to  mineral  deposits,  883. 
SHALE  ROCK. 

lands  valuable  for,  not  subject  to  location,  1332. 
SHERMAN  ANTITRUST  ACT. 

See  also  Combinations,  Conspiracy. 

combinations  by  coal  companies,  1235. 

right  of  coal  company  to  refuse  to  sell,  1236. 
SHOESTRING  LOCATIONS. 

See  also  Mining  locations.  Placer  locations. 

effect  in  Alaska,  515. 

placer  location  as,  538. 

not  justified,  541. 

SHORE  WATERS. 

mining  locations  in,  in  Alaska,  871. 
SIDE  LINES. 

See  also  End  lines,  Extralateral  rights.  Lines,  Mining  locations.  Mining  Statutes,  Surface  lines,  Sur- 
vey, Vein  or  lode. 

as  end  lines,  140,  150. 

courts  may  make  end  lines  of,  151. 

downward  planes  of  do  not  limit  locator's  rights,  140. 

laid  on  existing  locations,  157. 

must  be  parallel  to  strike  of  vein,  61. 

not  required  to  be  parallel  with  course  of  vein,  151. 

parallelism  not  required,  147. 

presumption  after  patent,  152. 

vein  passing  through,  142. 
SILICATE. 

lands  valuable  for,  locatable  as  placer  claim,  519. 
SILVER. 

as  mineral,  35. 

authority  of  President  to  lease  silver  mines,  1244. 
discovery  sufficient  to  show  mineral  character  of  land,  314. 
quantity  sufficient  to  show  mineral  character  of  land,  314. 
subject  to  location,  35. 
SIOUX  INDIANS. 

See  also  Indian  lands. 

half-breed  script  not  located  on  Indian  lands,  1207. 
SLATE. 

lands  containing,  as  mineral  lands,  689. 

valuable  for,  excluded  from  railroad  grant,  1126. 

locatable  under  timber  and  stone  act,  1314. 
locatable  as  miueral,  674. 
SLUICE  BOX. 

criminal  liability  for  robbing  or  destroying,  in  Alaska,  909. 
SMELTING  AND  REFINING. 

See  also  Cutting  timber,  Mill  site,  Mining  purposes.  Reduction  works,  Timber, 
as  mining  operation,  1244. 

corporations  in  Alaska  may  acquire,  hold,  and  operate  smelters,  907. 
cutting  timber  for,  authorized,  1343. 

use  justifiable,  1343. 
mining  operation  within  timber  cutting  act,  1351. 
regulations  against  cutting  timber  for,  invalid,  1343. 
timber  cutting  for,  1351. 
use  of  timber  for,  justifiable,  1343. 


1732 


INDEX.. 


SOCIETIES.   See  Association. 

SOLDIERS'  ADDITIONAL  HOMESTEAD  EIGHTS, 
additional  homestead  rights  to  soldiers,  1337. 
amendment  to  17  Stat.  333,  1238. 
coal  character  of  land  locatable,  1238. 
lands,  815. 

withdrawn,  818,  819. 
effect  of  withdrawal  of  coal  lands  on  soldiers'  claims,  815. 
entry  of  coal  lands  under,  737. 

right  to  locate  lands  withdrawn  for  coal  classification,  1238. 

time  of  determination  of  coal  character  of  land,  1238. 

withdrawals  of  coal  lands,  820. 

on  solders'  claims,  815. 
SOUTH  &  NORTH  ALABAMA  RAILROAD  CO. 

minerals  excepted  from  grant  to,  1143. 
SOUTH  DAKOTA. 

coal  lands  in,  withdrawn,  819. 

effect  where  school  lands  are  mineral,  1289. 

grant  of  school  lands,  1289. 

lands  known  to  be  mineral  at  date  of  admission  are  excluded,  1289. 
lieu  lands  granted  in  place  of  mineral  lands,  1288. 
minerals  excepted  from  State  grant,  1288. 
selection  of  lieu  lands  after  school  selections,  1289. 

for  school  purposes,  1288. 
statute  regulating  commencement  of  action  on  adverse  claims,  450. 
time  grant  of  school  lands  takes  effect,  1289. 
SOUTHERN  PACIFIC  RAILROAD  CO. 

See  also  Coal  lands.  Iron  lands,  Lieu  lands.  Mineral  lands,  Oil  lands,  Railroad  grants, 
asphaltum  excepted  from  grant  to,  1135. 
Burke  case,  1132-1137. 

coal  and  iron  lands  not  excepted  from  patent,  1106. 

not  excluded,  1133. 
efforts  to  discover  mineral  character  of  lands  granted,  1136. 
extension  of  time  for  completion  of  road,  1139. 
grant  to,  did  not  identify  lands,  1132. 

subject  to  conditions  of  grant  to  Atlantic  &  Pacific  Railroad  Co.,  1134. 
railroad  company,  1132,  1138,  1139. 
mineral  land  exception  in  patent  to,  is  void,  1138. 
lands  excluded  from  grant  to,  1133. 

patent  to,  1106. 
patent  to  railroad  company,  1138. 
successor  to  Atlantic  &  Pacific,  1133. 
title  to  oil  lands,  1133. 
SPAIN. 

duty  of  surveyor  general  as  to  lands  acquired  from,  1208. 

ownership  of  precious  metals  under  Spanish  law,  637. 
SPANISH  GRANT. 

methods  of  ascertaining  rights  of  claimants,  1079. 

mineral  lands  in,  open  to  exploration,  13. 

minerals  reserved  from,  1079. 
SPANISH  LAWS. 

classification  and  disposal  of  mineral  lands,  29L 

extralateral  rights  not  granted  by,  104. 

form  of  survey,  849. 

location  greater  or  less  according  to  dip  of  vein,  139, 141. 
locator  confined  to  perpendicular  lines,  323. 
minerals  reserved  from  grant  under,  1076. 
provisions  as  to  underground  rights,  104. 
rights  given  by,  139. 
SPONGES. 

crime  for  mining  less  than  prescribed  size,  1097. 
mining  sponges  in  tidewaters,  1097. 
repealing  act,  1097. 
size  of,  prescribed,  1097. 
sponge-mining  act,  1097. 


INDEX. 


1733 


STAKES. 

as  means  of  identification,  213. 

of  mining  claim,  228. 
method  of  marking  location,  220. 
natural  objects,  213. 
permanent  monuments,  213. 
control  courses,  231. 
effect  of  destruction,  225, 

mistake  in  locating,  232. 
sufficient  as  marking  location,  220. 

marking  if  boundaries  can  be  traced  from,  220. 
temporary  removal,  225. 
STANDARD  OIL  CO. 

common  carriers  of  oil  in  pipe  line,  1071. 
transportation  of  oil  in  pipe  line  as  interstate  commerce, 1070. 
STATE  COURTS. 

See  also  Actions,  Actions  on  adverse  claims,  Courts,  Federal  courts,  Jurisdiction, 
injunction  to  prevent  injury  from  hydraulic  mining,  943. 
jurisdiction  to  prevent  hydraulic  mining,  943. 
STATE  GRANTS. 

See  also  Coal  lands.  Iron  lands,  Lands  valuable  for  minerals,  Lead  mines,  Lieu  lands.  Mineral  deposits. 
Mineral  lands.  Mining  locations,  Oil  lands.  Railroad  lands.  Salines,  Salt  lands,  Stone  lands,  Valuable 
mineral  deposits. 
Alabama  University  lands,  1250. 
application  of  saline  act,  1211 . 
burden  of  proof  as  to  mineral  character  of  land,  1290. 

salt  springs,  1246. 
can  not  include  mineral  lands,  676. 
coal  lands  excepted  from  grant  to  Colorado,  1281, 

included  in  school  lands  in  Wyoming,  1278, 
reserved  from  grant  to  California,  1261. 
college  grant  to  Colorado,  1303. 
contest  with  mineral  entrymen,  314. 
construction  as  to  salt  springs,  1211. 

discovery  of  minerals  subsequent  to  survey  on  school  lands,  1283. 
disposal  of  mineral  lands  in  Oklahoma,  1299. 

oil  and  gas  lands  in  Oklahoma,  1299. 
salines,  1294. 

to  Ohio,  1245. 
in  Utah,  1294. 
salt  springs,  1245. 

in  Ohio,  1245. 
effect  of  Alabama  grant  on  coal  lands,  1249. 
grant  of  salines,  1247, 

salt  springs,  1247, 
selection  as  to  mineral  character,  1286. 
subsequent  discovery  of  minerals,  1263. 
surveyor  general's  return  on  State  selection,  1295. 
on  mineral  lands  in  Nevada,  1273. 
where  lands  are  coal  lands,  1290. 

mineral,  1288. 
stone  lands,  1290. 
extent  of  grant  of  salines  to  Illinois,  1247, 

salt  springs  to  Illinois,  1247. 
grant  for  parks,  1305. 

of  salines  to  New  Mexico,  1298, 
school  lands  to  Montana,  1289, 

North  Dakota,  1289. 
South  Dakota,  1289. 
Washington,  1289. 
takes  effect  from  time  of  survey  of  school  lands,  1283. 
to  Arizona,  1301, 1302, 

Idaho  of  nonmineral  lands,  1292. 
Nevada,  1285, 1286, 
New  Mexico,  1296,  1297, 
Oklahoma,  1298,  1299, 

without  mineral  exception,  1299, 


1734 


INDEX. 


STATE  GRANTS— Continued. 

grant  to  protect  watershed,  1303,  1305. 
Utah,  1293,  1294. 
Wisconsin,  1302. 
grants  to  cities,  towns,  and  corporations,  1305. 
hearing  to  determine  character  of  State  selection,  1288. 
indemnity  selections,  1285. 

by  Alabama,  1249. 

known  mineral  lands  at  time  of  survey  do  not  pass  under  mineral  lands,  1295. 

excepted  from  school  lands,  1282. 
lands  disposed  of  tmder  mining  laws  not  included,  516. 
granted  with  salt  springs,  1248. 
returned  as  mineral  not  included  in,  656,  676. 
lead  mines  in  Louisiana,  1242. 

reserved,  1240,  1241,  1243,  1244. 

in  Orleans  and  Louisiana,  1242. 
lieu  lands  granted  where  school  lands  are  mineral,  1288, 1289. 

not  to  include  mineral  lands,  1286. 
limitation  on  selection  of  salt  springs  in  Colorado,  1281. 
lists  of  lands  certified  convey  the  fee,  1263. 
mineral  affidavit  on  State  selections,  1290. 

character  of  lands  granted  to  Utah,  1294. 
lands  excepted  from,  656,  1247,  1274. 

grant  for  public  buildings,  1261. 

to  California  for  seminary  purposes,  1261. 
Montana,  1288. 
New  Mexico,  1296. 
North  Dakota,  1288. 
South  Dakota,  1288. 
Washington,  1288. 
navigation  grant  in  Minnesota,  1278. 
school  grant  in  Colorado,  1282. 

to  California,  1260. 
wagon-road  grant  in  Oregon,  1276,  1279. 
granted  Alabama,  1248. 
not  included,  676. 

for  school  purposes,  1248. 
reserved  from,  1273,  1275. 

agricultural  grants  in  Kansas,  1279, 
canal  grants,  1275. 
congressional  grant,  1273. 
grant  to  California,  1257,  1259. 
Michigan,  1275. 
Nevada,  1270. 
Washington,  1257. 
sale  in  Nevada,  1275. 
minerals  excepted  from,  631,  1276. 

college  grants,  1276. 
grant  to  Arizona,  1302. 

Colorado,  1280. 
Idaho,  1292. 
New  Mexico,  1301. 
Oklahoma,  1298. 
Wyoming,  1292. 
lands  donated  to  States,  1270. 
railroad  grant  in  Alabama,  1264. 

Florida,  1265. 
water-shed  grants,  1304. 
water-supply  grant  to  States,  1304,  1305. 
mining  claims  protected,  1274. 
Montana,  1287, 1288. 

Nevada  estopped  from  claiming  mines,  1276. 
no  minerals  excepted,  1300. 

nonmineral  lands  only  included  in  grant  to  Utah,  1294. 
North  Dakota,  1287,  1288. 

not  affected  by  conditions  subsequently  arising,  1289. 
to  embrace  mineral  lands,  631. 


INDEX. 


STATE  GRANTS— Continued. 

notice  of  selections  necessary,  1290. 

State  selection,  1292. 
oil  and  gas  excepted  from  grant  to  Arizona,  1298. 

Oklahoma,  1299. 

opening  lands  in  Colorado,  1284. 

patent  not  necessary  to  transfer  title,  1282,  1287. 

phosphates  excepted  from  railroad  grant  in  Alabama,  1265. 

Florida,  1265. 

policy  of  Government  to  reserve  minerals,  1243, 1247, 1297. 
President  authorized  to  lease  lead  mines,  1244. 
presumption  as  against  mining  location,  1295. 
proclamation  opening  lands  in  Colorado,  1284. 
proof  of  mineral  character  of  lands,  1263. 

lieu  lands,  1268. 
publication  of  notice  of  State  selection,  1292. 
purpose  of  act  granting  lands  to  Nevada,  1286. 
relinquishment  by  Wyoming,  1300. 

of  mineral  lands  selected  by  Wyoming,  1292. 
reservation  of  mineral  lands,  1275. 
right  of  mineral  claimant  on  school  lands,  1283. 

to  select  mineral  lands,  1250. 
rights  under,  do  not  attach  until  survey,  1295. 
sale  of  salines  in  Illinois,  1252. 

Ohio,  1252. 
to  Iowa,  1256. 
salt  springs  in  Illinois,  1252. 

Ohio,  1252. 
to  Iowa,  1256. 
salines  excepted  from,  1207. 

grant  to  Arizona,  1302. 

Colorado,  1279. 
New  Mexico,  1301,  1302. 
granted  to  Arkansas,  1253. 

Florida,  1254,  1255. 
Illinois,  1246. 
Indiana,  1245. 
Iowa,  1254,  1255. 
Kansas,  1267,  1270. 
Michigan,  1254. 
Minnesota,  1266. 
Missouri,  1251,  1252. 
Nebraska,  1272. 
Ohio,  1239. 
Oregon,  1267,  1268, 
Wisconsin,  1255,  1256,  1264. 
in  Alabama,  1247. 
Louisiana,  1242. 
Orleans  and  Louisiana,  1242. 
included  in  grant  to  Iowa,  1254. 

railroad  grant  to  Iowa,  1264. 
part  of  grant,  1294. 

to  Utah,  1294. 
reserved,  1240. 

from  grant  to  Nevada,  1270. 
selectable  imder  mining  laws,  1294. 
salt  springs,  1248. 

and  salines  reserved,  1206.  ^ 
excepted  from  grant  to  Minnesota,  1266. 
granted  to  Arkansas,  1253. 

Florida,  1254,  1255. 
lUinois,  1246. 
Indiana,  1245. 
Iowa,  1254,  1255. 
Kansas,  1267,  1270. 
Michigan,  1254. 
Mirmesota,  1266. 


1736 


INDEX. 


STATE  GRANTS— Continued. 

salt  springs  granted  to  Missouri,  1251, 1252. 

Nebraska,  1272. 
Oregon,  1267,  1268. 
Wisconsin,  1256. 
in  Louisiana,  1242. 
included  in,  1252. 
reserved,  1240,  1241. 

in  Orleans  and  Louisiana,  1242. 
school  grants  in  Colorado,  1284. 

to  California,  1285. 
selections  in  Oklahoma  not  subject  to  mining  laws,  1299. 
selection  and  effect  as  to  mineral  character,  1286. 
of,  by  State  of  Oregon,  1267,  1268. 
lands  by  State,  1286. 
lieu  lands,  1284. 

by  California,  1262. 
Oregon,  1268. 
salt  springs  in  Colorado,  1281. 

Oregon,  1269. 

South  Dakota,  1287, 1288. 

State  selection  in  grant  to  Idaho,  1292. 

State's  right  to  salt  springs  as  against  patentee,  1246. 

select  oil  lands,  1285. 
time  grant  takes  effect,  1289. 

as  to  school  lands,  1282. 
of  making  selection  by  Oregon,  1268. 
selection,  1269. 

taking  effect  of  grant  to  California,  1260. 

Utah,  1295. 

title  vested  in  States,  1263. 
to  Alabama  in  aid  of  railroads,  1265. 
Washington,  1287, 1288. 
Wisconsin  for  forestry,  1300. 
value  of  lead  mines  determined  by  operation,  1243. 
vested  rights  in  salt  springs  protected,  1273. 
STATE  LANDS. 

See  also  State  grants,  State  selections, 
coal  lands  not  patentable  to  State,  950. 
must  be  nonmineral,  950. 
not  subject  to  entry  for  valuable  stone,  1328. 
placer  locations  on,  516. 
imder  desert  land  act,  950. 
STATE  REGULATIONS. 

See  also  Miners'  rules  and  regulations,  Mining  statutes, 
acts  supplementing  mining  statutes,  191. 
affecting  water  rights,  617. 
■    aliens' rights,  675. 
annual  labor,  237,  606. 
application  to  working  mines,  608. 
as  to  commencement  of  action  on  adverse  claims,  449. 

contents  of  record,  212. 

declaratory  statements,  207. 

marking  location  and  recording  certificate,  218. 

notice,  209. 

proof  of  performance  of  annual  labor,  96. 
records  and  recorders,  210. 
use  of  water,  617. 
authority  as  to  coal  mine  inspector,  805. 
authorized  to  create  mining  corporations,  832. 
can  not  affect  Government's  title,  163. 
Colorado  statute  as  to  amended  locations,  182. 
compliance  with,  102. 

by  applicant  for  patent,  306. 
in  mill-site  locations,  607. 
necessary,  190. 

under  adverse  possession,  552. 


INDEX. 


1737 


STATE  REGULATIONS-Continuod. 

conditions  attached  by  Colorado  statute,  26. 
determine  alien's  right  to  inlierit  mining  claim,  163. 
effect  of  adverse  possession,  552. 
on  aliens,  675. 

dimensions  of  mining  locations,  506. 
lode  claims,  641. 
exploration  for  minerals  subject  to,  640. 
extent  and  limitation,  641. 

as  applied  to  mining  locations,  162. 
of  power  to  regulate  mining  location,  26. 
form  of  action  in  adverse  suit,  498. 

included  in  the  term  "under  regulations  prescribed  by  law,"  26. 
instances  of,  191. 

want  of  conflict,  191. 
limitations  on  making,  191, 450. 
locations  subject  to,  102. 

may  fix  reasonable  time  for  marking  location,  218. 

require  more  but  not  less  than  mining  statutes,  190. 
must  not  be  in  conflict  with  United  States  statutes,  26, 163,  190,  191. 
performance  as  to  mill  sites,  606. 
permitted,  190. 
placer  claim,  556. 

police  power  to  regulate  miners'  hours  of  labor,  805. 
power  of  State  to  regulate  mining  claims,  723. 
over  water  right,  617. 
to  appoint  mine  inspector,  805. 

encumber  mining  claim  as  against  United  States,  124. 
enlarge  mining  rights,  686. 
regulate  coal  mines,  805. 

mine  inspection,  805. 
require  oath  to  declaratory  statement,  692. 
tax  mining  claim,  97. 
proof  as  to,  on  adverse  claim,  379. 

of  compliance,  663. 
provisions  as  to  swinging  claims,  233. 
recognized  by  mining  statutes,  692. 
regulate  recording  of  mining  location,  190. 
regulating  mining  locations,  26. 
relocation  of  mining  claim  under,  265, 
requirement  as  to  amount  of  expenditures,  196. 

record  of  location,  190. 
requiring  declaratory  statement  under  oath,  208. 
States  may  provide  rules  for  working  mines,  608. 
statute  of  Idaho  as  to  notice  of  location,  204. 

stakes  and  monuments,  96. 
supplementing  Federal  statutes,  431. 
time  given  to  perfect  location,  191. 
validity,  96,  686. 

as  applied  to  mining  locations,  162. 
of,  over  appropriation  of  water  recognized,  617. 
statute  of  Idaho,  96. 
working  mines,  608. 
STATE  SELECTIONS. 

See  also  Coal  lands.  Mineral  lands,  State  grants. 

application  of  coal  statute  to,  818. 

approval  of  segregation  list  gives  no  vested  right,  815. 

basis  of,  as  to  stone  lands,  1323. 

California  selection  confirmed,  857. 

certificate  as  to  being  vacant  and  unimproved,  799. 

coal  lands,  788,  815,  818,  824. 

withdrawn  for  classification,  818. 
determination  of  mineral  character,  815. 
effect  on  mining  locations,  723. 

where  made  near  mining  claims,  1292. 
Land  Department  must  require  State  to  give  notice  of,  1292. 
56974°— Bull.  94,  pt  2—15  58 


1738 


INDEX. 


STATE  SELECTIONS— Continued, 
mineral  lands  in  Alabama,  799. 

not  subject  to,  854. 

selected  in  accordance  with  provisions  of  enabling  act,  3. 
patent  must  contaia  reservation  of  coal,  818. 
"person"  includes  a  State,  815. 
placing  on  files  a  prima  facie  filing,  1203. 
presumption  as  to  nonmineral  character,  1295. 
right  as  against  return  of  surveyor  general,  1295. 
salines,  1203. 

showing  as  to  mineral  character  of  base  lands,  1323. 
State  entitled  to  right  of  election,  815. 

grants,  1323. 
statute  extended  to,  818. 
time  for  determining  mineral  character,  815. 

to  ascertain  mineral  character  of  land,  815. 
vested  rights  as  to  coal  lands,  824. 

not  obtained  by  segregation,  815. 
when  notice  of,  is  necessary,  1292. 
STATUTE  OF  FRAUDS. 

See  also  Mining  locations,  Sale,  Title, 
oral  agreement  to  locate  mine,  125. 
sale  and  transfer  of  mining  claim,  124. 
statute  of  limitations,  125. 
title  to  mining  claim,  124. 
STATUTE  OF  LIMITATIONS. 

See  also  Actions,  Adverse  possession,  Mining  locations.  Possession,  Possessory  rights.  Possessory  title. 

adverse  possession  of  mining  claim,  547. 

Alaska  government  act,  protects  mining  claims  against,  873. 

effect  of  judgment  in  adverse  suit,  486. 

on  mining  claims  in  Alaska,  873. 
on  actions  to  recover  mining  claims  in  Alaska,  908. 
period  of,  in  California,  549. 

limitations  for  adverse  possession  of  mining  claim,  549. 
possession  and  adverse  claim,  552. 

does  not  relieve  Land  Department  from  duty,  316. 

during  period  of,  547. 

for  period  of,  equivalent  to  location,  553. 

will  not  excuse  notice,  358. 
of  mining  claim  in  Philippine  Islands,  1067. 

under  statute  of  Utah,  125. 
to  acquire  title  must  be  open,  exclusive,  and  continuous,  125. 
reference  is  to  State  statutes,  549. 
recovery  of  mining  claim  in  Alaska,  908. 

possession  of  mining  claim  in  Alaska,  908. 
right  to  patent  on  working  for  period  of,  553. 
rims  from  time  of  location  and  not  from  patent,  908. 
time  for  bringing  action,  in  Alaska,  908. 

suit  to  annul  patent,  1228. 
title  by  prescription,  660. 

to  mining  claims  acquired  imder,  in  Alaska,  908. 
STAY  OF  PROCEEDINGS. 

See  also  Action  on  adverse  claims.  Adverse  claims.  Diligence,  Dismissal,  Land  Department,  Patent 
proceedings. 

action  commenced  after  time  will  not  operate  as,  720. 

on  adverse  claim  necessary  to,  719. 

operates  as,  469. 

sufficient  to  obtain,  471, 472. 
adverse  claim  properly  filed  operate  as,  718. 
after  appeal  from  judgment  in  adverse  suit,  492. 
bill  in  equity  to  restrain  applicant  will  not,  719. 
clerk's  certificate  as  authority  for,  471. 
entry  of,  by  register  on  filing  adverse,  470. 
failure  to  commence  suit  on  adverse  claim,  472. 
filing  adverse  claim  operates  as,  379,  669,  719. 
Land  Office's  discretion,  471. 
none  if  adverse  suit  is  not  commenced  in  time,  473. 


INDEX. 


1739 


STAY  OF  rROCEEDINGS— Continued, 
on  filing  adverse  claim,  429,  719. 
part  of  proceedings  not  stayed,  429. 
patent  not  to  issue  before  determination  of  suit,  379. 
plaintill  should  notify  Land  Department  to  obtain,  471. 
proceedings  not  stayed  by  action  on  adverse  claims,  719. 

suit  on  adverse  claim,  471. 
provisions  for,  not  in  Alaska  statute,  471. 
suit  commenced  after  entry  v^^ill  not,  473. 
on  adverse  claim,  379. 

operates  as,  469. 
imtil  applicant  perfects  title,  501. 
want  of  actual  knowledge  no  groimd  for,  666. 
what  proceedings  are  stayed,  471. 
when  Land  Department  may,  471. 

not  authorized  to,  472. 

STONE. 

See  also  Minerals,  Sandstone,  Stone  lands, 
as  mineral,  518, 1115, 1116. 

and  excepted  from  railroad  grant,  1107. 
discovery  after  homestead  entry,  844. 
excepted  from  lease  in  Colorado,  1096. 
for  use  in  rights  of  way,  1188. 

granted  to  Salt  Lake  &  Fort  Douglas  Raihoad  Co.,  1144. 
lands  valuable  for,  enterable  as  placer  locations,  520,  1328. 

under  mining  laws  in  Alaska,  1328. 
entered  under  placer  statutes,  1152. 
liability  for  trespass  in  removing  in  Alaska,  909. 
may  be  included  in  the  term  mineral,  1313. 
miner's  right  to  use,  in  Alaska  subject  to  regulations,  1352. 
quarried  and  mined  as  a  mineral,  1331. 
railroad  authorized  to  use,  1143. 
use  of,  by  miners  in  Alaska,  1352. 

within  forest  reserve,  1169. 
in  public  works,  1333. 
STONE  LANDS. 

See  also  Lands  valuable  for  minerals,  Mineral  deposits.  Mineral  lands,  Minerals,  Stone,  Timber  and 

stone  act. 
act  for  disposal  of,  1313. 

has  no  application  to  deposits  of  low-grade  rock,  1332. 
adverse  claim  on  application  to  pm'chase,  1319. 
affidavit  of  applicant,  1319. 

contest  as  against  agricultural  entry,  847. 
agreement  to  sell  after  application,  1321. 
agricultural  entry  not  permitted,  1322. 

permitted,  844. 
settlement  on,  1322. 
amendment  of  act,  1329. 
application  of  timber  and  stone  act,  1311. 

to  purchase  and  payment  equivalent  to  entry,  1315. 

can  not  include  mining  location,  1317. 
confers  no  vested  right,  1315. 
must  show  absence  of  mining  claim,  1316. 
publish  notice,  1320. 
appropriation  under  lieu  selections,  844. 
as  mineral  lands,  1331. 

asignee  of  entryman  not  a  bona  fide  purchaser,  1322. 

basis  of  knowledge  of  applicant  in  application  to  purchase,  1318. 

burden  of  proof  as  to  character,  1315. 

cancellation  of  entry,  1322. 

an  adjudication  of  fact,  1323. 
patent,  1323. 
ceded  by  Indians,  997. 
conspiracy  to  purchase,  1320. 
contest  with  placer  claims,  516. 
criminal  liability  for  cutting  timber  on,  1326,  1333. 
cutting  of  timber  on,  1324,  1333. 


1740 


INDEX. 


STONE  LANDS— Continued. 

discovery  essential  to  location  as  placer  claim,  1314. 
disposal  of  stone  lands,  1313. 

timber  lands,  1312. 
effect  of  amendment,  1329. 

entry  based  on  false  affidavit,  1319. 
false  affidavit  by  pm^chaser,  1319. 
on  school  grant,  1290. 
State  grant,  1290. 
enterable  tmder  placer  mining  law,  1314. 
entry  as  placer  claim,  1330. 

in  Alabama,  795. 
entryman  acquires  equity  only,  1322. 

may  alienate  interests,  1321. 
entryman's  agreement  to  sell,  1333. 
excepted  from  railroad  grant,  1314. 
excluded  from  Indian  reservation,  987. 

railroad  grant,  1116. 
filing  application  to  pm-chase  and  effect,  1314. 
forfeiture  of  entry,  1322. 
good  faith  of  applicant  to  purchase,  1317. 
homestead  entry  on,  844. 

settler  not  permitted  to  cut  timber,  1325. 
indictment  for  cutting  timber  on,  1326. 
in  Indian  reservation  open  to  entry,  999. 
kinds  of  stone  included,  1331. 

Land  Department  may  cancel  fraudulent  entry,  1322. 
lands  chiefly  valuable  for,  1308. 

valuable  for  stone,  1107. 
liability  of  trespasser  for  damages,  1327. 
locatable  as  placers,  517. 

in  abandoned  reservations,  1160. 
under  placer  mining  laws,  1311,1328, 1330. 
mineral  lands  include  stone,  1330. 

not  subject  to  purchase,  1315. 
minerals  include  stone,  1330. 
money  forfeited  in  case  of  fraud  or  perjury,  1323. 
no  repayment  if  entry  canceled  for  fraud,  1323. 
not  forfeited  ia  hands  of  bona  fide  purchaser,  1322. 
locatable  under  mining  laws,  1313. 
mineral,  1290. 
notice  of  application  to  purchase,  1319.  • 
now  enterable  under  mining  law,  1329. 
part  of  tract  excluded  from  entry,  1332. 
particular  kinds  of  stone  included,  1314. 
patent  canceled  for  fraud,  1323. 
for,  1323. 

location  validated,  977. 
validated,  977. 
perjury  as  to  application  to  purchase,  1319. 
person  appropriating  and  removing  stone  not  a  trespasser,  1330. 
placed  in  class  distinct  from  other  mineral  lands,  1313. 
policy  to  protect  minerals,  1312. 
posting  notice  of  application  to  purchase,  1318. 
power  of  alienation  after  purchase,  1321. 

entryman  to  sell,  1333. 
practice  on  application  to  purchase,  1315. 
preliminary  affidavit  does  not  segregate,  1315. 
price  of,  when  ceded  by  Indians,  997. 
prior  agreement  of  applicant  to  sell,  1320, 1333. 
private  cash  entries,  1313. 

proof  of  fraudulent  motive  in  original  application,  1318. 
publishing  notice  of  application  to  purchase,  1318. 
purchasable  in  tracts  of  less  than  40  acres,  1329. 
purchaser  must  make  statement  under  oath  as  to  conditions,  1318. 
purchaser's  showing  as  to  good  faith,  1317, 


INDEX. 


1741 


STONE  LANDS— Continued. 

purpose  for  which  1  inibor  may  be  cut,  1324. 

of  timber  and  stone  act,  1311. 
quantity  of  land  purchasable,  1318. 
railroad  grants  do  not  include,  1314,1332. 
recovery  of  payment  on  cancellation,  1322. 

register  to  furnish  proof  of  notice  of  application  to  purchase,  1320. 
regulations  as  to  proof  of  mineral  character  on  application  to  purchase,  1318. 

by  Secretary,  1323. 
repealing  force  of  act,  1329. 
scope  of  act,  1328. 

showing  as  to  mineral  character  of  land  on  application  to  purchase,  1316. 
State  selection  of,  1323. 

showing  as  to  selection  of  stone  land,  1323. 
stone  valuable  for  structural  work,  1332. 
subject  to  sale  prior  to  public  offering,  1313. 
time  for  proof  and  payment  not  extended,  1318. 
title  of  purchaser  from  entryman,  1321. 
trespasser  on,  1327. 

validity  of  contract  to  sell  after  application  to  purchase,  1321. 
verification  of  application  to  purchase  by  applicant,  1318,  1319. 
verified  statement  by  oath  of  applicant,  1318. 
withdrawal  after  application  to  purchase,  1315. 
within  railroad  grant,  1107. 

subject  to  placer  entry,  1332. 
who  may  cut  timber  on,  1324. 
STREAMS. 

See  also  Debris  deposits,  Hydrauilc  mining.  Injunction,  Jurisdiction,  Navigable  waters, 
beds  of,  as  placer  ground,  546. 
mining  locations  on,  below  high-water  mark,  53. 
placer  locations  on,  546. 
STRIKE  OF  VEIN. 

See  also  Dip  of  vein,  Extralateral  rights,  Mining  locations.  Vein  or  lode, 
effect  on  ownership  at  point  of  intersection,  588. 

where  vein  passes  through  side  lines,  142,  143. 
end  lines  limit  right  to  follow  on,  142. 
intersection  of  veins,  588. 
no  extralateral  rights  on,  142. 

terminates  at  point  where  vein  passes  through  side  lines,  143. 

vein  passing  out  and  returning  through  side  lines,  143. 
SUBDIVISIONS. 

See  also  Coal  lands.  Placer  locations,  Survey. 

coal  entries  by,  733. 

improvements  on  coal  locations,  761. 

legal,  for  coal  entries,  730. 
SUBSEQUENT  DISCOVERY  OF  MINERAL. 

See  also  Agricultural  lands,  Burden  of  proof.  Discovery,  Entry,  Lands  valuable  for  minerals,  Lieu 
lands.  Minerals,  Patent,  Railroad  grants.  State  grants.  Town  site,  Valuable  mineral  deposits,  Vested 
rights. 

adjustment  of  railroad  grants,  1146. 
adverse  claimant  not  aided  by,  376. 
can  not  impair  vested  rights,  1176. 
character  of  land  not  affected  by,  1169. 
discovery  after  town-site  patent,  1365. 
effect  as  against  reservations  in  patent,  299. 

town-site  patent,  1374. 
of  discovery  after  entry,  799, 843, 1146, 1263. 

patent,  172,843,1106, 1263. 
on  school  lands  after  survey,  1283. 
in  patent  to  railroad  company,  1106. 
railroad  grant,  1106. 
on  invalid  location,  529. 
patent,  299. 
placer  patent,  576. 
title,  835. 

town-site  patent,  1365. 
grant  to  Union  Pacific,  1106. 


1742 


INDEX. 


SUBSEQUENT  DISCOVERY  OF  MINERALS— Continued, 
indemnity  lands  unaffected  by,  1174. 
lands  classified  and  withdrawn  as  coal,  1232. 
lieu  lands  protected  from,  1183. 
mineral  on  mill  site,  599. 
nonmineral  lands  unaffected  by,  1232. 

selections  not  affected  by,  1177. 
not  sufficient  to  vacate  agricultural  patent,  425. 
placer  patent  includes,  565. 
railroad  grant  unaffected  by,  1111. 
salines,  1203. 

settlers'  rights  not  affected  by,  799. 
title  not  affected  by,  1232. 

under  public  grant  not  affected  by,  1283. 

SUIT. 

See  Action. 
SULPHATE  OF  SODA. 

lands  valuable  for,  are  mineral,  19. 
SULPHATES. 

not  included  in  salines,  1211. 
SURFACE. 

See  also  Boundaries,  Coal  lands,  Patent,  Possession,  Surface  lines,  Survey. 

appropriation,  305. 

boundary  lines  determine  rights,  696. 

can  not  extend  beyond  end  of  lode,  61. 

coal  lands  patentable,  813,  820. 

purchasable,  823. 
conflict  ground  in  placer  locations,  557. 
conveyed  by  patent,  721. 
discovery  within  surface  lines  essential,  69. 
entry  on  lands  withdrawn,  1393. 

surface  of  coal  lands,  820. 
permitted  on  coal  lands,  820. 
exclusive  use  by  locator,  22. 
extent  and  purpose  of  possession,  116. 
of  ground  granted,  664. 
ownership  of,  120. 
use  by  locator,  22. 
in  connection  with  vein,  646. 
incident  to  lode,  305. 

vein  or  lode,  51. 
limitation  along  vein  or  lode,  50. 
locatable  only  in  connection  with  apex  of  vein,  104. 
located  in  conformity  with  course  of  vein  or  lode,  53. 

with  vein,  693. 
location  determines  subsurface  rights,  139. 
on,  645. 

locator  entitled  to  possession,  702. 
locator's  right  to  exclusive  possession,  25, 
marking  on,  646. 

miners'  rights  not  limited  by,  646. 
noncoal,  purchaser  of,  823. 
ownership,  119. 

and  effect,  120. 

as  controlling  subsurface  rights,  140. 

carries  right  of  possession,  113. 

controls  extralateral  rights,  139. 

includes  subsurface,  140. 
patent  conveys,  721. 
possessio  pedis,  117. 
possession,  102, 114. 

as  adjunct  to  lode  claim,  113. 

at  apex  of  vein,  121. 

protected,  120, 

superior  to  town-site  patent,  118. 
.  possessory  right,  103. 
priority  of  rights,  118, 


INDEX. 


1743 


SURFACE— Continued. 

relative  rights  of  surface  and  tunnel  locators,  170, 
reservations  in  patent  of  coal,  823. 
right  as  against  intruder,  116. 

of  owner  to  follow  vein,  120. 
to  conflict  ground  in  placer  claims,  557. 
rights  limited  to  300  feet  on  each  side  of  vein,  156. 

to,  as  between  mineral  and  town-site  claims,  1380. 
sale  of  asphalt  and  coal  lands,  1032. 
segregation,  305. 
title  to  coal  lands,  813. 
tunnel  and  surface  locators,  170. 
use  for  convenient  working  of  vein,  646. 
mining  purposes  only,  22. 
of  adjoining  claim,  103. 
on  adjoining  claim,  158. 
with  vein  or  lode  in  placer  claims,  95. 
SURFACE  LINES. 

See  also  Boundaries,  End  lines,  Lines,  Marking  boundaries.  Mining  locations.  Side  lines.  Survey, 

Swinging  claims.  Trespass, 
abandonment  permitted  to  make  end  lines  parallel,  85. 
application  of  parallelism  of  end  lines  to  location,  85. 
change  of,  82. 

courts  can  not  ignore  provision  for  parallelism  of  end  lines,  84, 
have  no  power  to  establish  new  lines,  81. 
recognize  lines  made  by  locator,  81. 
defining  and  limiting  property  rights  in  application  for  patent,  305. 
direction  of  side  lines,  81. 

vein  determined  by  side  lines,  82, 
effect  of  failure  to  comply  with  provision  for  parallelism  of  end  lines,  84. 

where  incorrectly  drawn,  81. 
end  lines  as  side  lines,  81,  82. 
extended  downward  determine  locator's  rights,  140. 
irregularly  drawn,  81. 
laid  on  senior  location,  85, 

private  property,  93. 
location  and  direction  of  end  lines,  82. 

of  side  lines,  81. 
locator  may  change  end  lines  to  parallel  position,  84. 
locator's  rights  determined  from,  81. 
mistakes  in  drawing  avoided,  82. 
parallelism  of  end  lines,  83. 

essential  to  extralateral  rights,  83. 
not  required  in  peculiar  circumstances,  85. 
purpose  of  requirement  of  parallelism  of  end  lines,  83. 
right  of  locator  to  change,  82. 
side  lines  as  end  lines,  81,  82, 

common  to  two  claims,  82. 

not  an  end  line,  82. 

substantial  compliance  with  provision  for  parallelism  of  end  lines  suflTicient,  84. 
triangular  location  not  permitted  under  provision  for  parallelism  of  end  lines,  85. 
use  of,  305, 

want  of  parallelism  of  end  lines,  85. 
SURFACE  RIGHTS. 

See  also  Equitable  ownership.  Possessory  rights. 

not  diminished  or  increased  by  extralateral  rights,  135. 
SURVEY. 

See  also  Alaska,  Boundaries,  Coal  lands.  Expenses,  Lines,  Mineral  lands,  Mineral  monuments.  Mineral 
surveys,  Mining  locations.  Monuments,  Placer  locations.  Subdivisions,  Surface,  Surveyor  general. 
Surveyor's  return. 

act  for  as  to  California,  1259. 

adjusted  to  boundaries  of  mining  claims,  504,  505. 

adverse  claimant  may  overthrow,  339. 
claims,  442. 

amended  permitted,  342. 

applicant  must  pay  expenses  of,  687. 

increased  expense  caused  by  errors,  580. 


1744 


INDEX. 


SURVEY— Continued. 

appropriation  for,  as  to  coal  lands  in  Alaska,  893. 
approval  before  promulgation  of  regulations,  339. 

by  surveyor  general,  341. 
ascertainment  of  cost  of  mineral  survey,  1234. 
as  date  at  which  title  vests,  1263. 

when  school  grant  to  California  takes  effect,  1260. 
as  evidence,  343. 
as  part  of  patent,  504. 

boundaries  of  separate  locations  exhibited,  280. 
certificate  of  surveyor  general,  341. 

conclusive  after  patent,  341. 

claimant's  right  to,  578. 
coal  entries  on  surveyed  lands  in  Alaska,  774. 
lands,  852,  1094. 

In  Alaska,  785,  1094. 
location,  785. 
conclusiveness,  339. 

of  certificate  of  surveyor  general,  341. 
conflict  with  junior  shown,  343. 
connecting  with  public  surveys,  342. 

location  with  mineral  monuments,  340. 
with  corner  of  patented  town  site,  339. 
mineral  monuments,  339. 
correctness  and  legality  determine,  339. 
cost  and  expenses  of,  1234. 
of  mineral  survey,  1234. 
office  work,  1234. 
deposit  for  expense  of,  579,  852, 

not  required,  578. 
description  and  monuments,  340. 

of  lode  claims,  504. 
discovery  after  survey  of  school  lands,  1283. 
duty  of  surveyor  general,  337. 

to  note  mineral  lands,  850. 
effect  as  evidence,  851. 

of  discovery  of  mineral  after,  1282. 
notations  on,  849. 
slight  discrepancy,  339. 
on  mineral  lands  when  extended,  1387. 
errors  and  effect,  342. 

in,  cured  by  reference  to  board  of  equitable  adjudication,  343. 
tie  line,  343. 
expense  for  resurvey,  580. 
expenses  of,  280,  579. 

borne  by  mineral  claimant,  280. 
mineral,  1038. 
paid  by  claimant,  579. 
extended  over  mineral  lands,  639,  853. 
failure  of  applicant  to  make,  343. 

deputy  to  comply  with  regulations,  578. 
surveyor  to  designate  lands  as  mineral,  850. 
field  work,  578. 

filing  of  plat  and  filed  notes  after,  340. 
first  has  precedence,  339. 
form  of  Mexican,  849. 

Spanish,  849. 
fraudulent  as  basis  of  adverse  claim,  436. 
grant  of  school  lands  takes  effect  from,  1282. 

time  of  survey,  1260. 
to  State  takes  effect  from  time  of,  1260. 
group  claims  partly  within  2-mile  limit,  340. 
in  accordance  with  local  laws  and  rules  of  miners,  337. 
incorporated  in  patent,  343. 

investigation  and  approval  on  filing  adverse  claim,  443. 
iron  lands  not  mineral,  1083. 
junior  must  show  conflict,  343. 


INDEX. 


1745 


SURVEY— Continued. 

jurisdiction  of  surveyor  general  over,  337, 

Land  Departmont  may  order  resurvey,  580. 

length  of  connecting  lino  immaterial,  339. 

lines  changed  to  include  mineral  lands  in  Nevada,  1275. 

locations  not  required  to  conform  to,  49. 

locator  and  title  to,  443. 

made  by  deputy  mineral  surveyor,  578. 

surveyor  general,  312. 
meaning  of  word  "claim"  in  reference  to,  338. 
method  of  ascertaining  charges  and  expenses,  1234. 

obtaining,  578. 
Mexican,  849. 

mineral  claim  coimected  with,  849. 
lands,  853,  1094. 

excepted,  1087. 
in  Alaska,  1094. 
not  required  to  be,  852. 
mining  locations,  337,  701. 

conforming  with,  504,  505. 
on  surveyed  lands,  504,  505. 
mistake  in  and  effect,  339. 

description  of  claim.  322. 
tie  lines,  342. 
money  deposited  for,  343. 
monuments  control,  504  ,  505. 

field  notes,  342. 

must  be  subsequent  to  record  of  notice  of  location  and  application,  340. 
nature  of,  338. 

necessary  before  patent  and  after  notice,  338. 
notations  as  to  mineral  lands,  849. 

mines  and  mineral  deposits,  1180. 
not  made  in  absence  of  mineral  indications,  1180. 
required  as  to  mill  site,  850. 
of  adverse  claim,  343. 
claim  by  mineral  surveyor,  280. 
mill  site,  607. 

mining  claim  by  mineral  surveyor,  578. 
office  work  paid  out  of  deposit,  1234. 
on  patented  ground,  343. 

particulars  observed  in  making  of  mining  location,  338. 
payment  by  applicant,  554. 
for,  579. 

of  expenses  for,  1038. 
placer  locations  conforming  to,  543,  708. 

on  surveyed  lands,  530,  673. 
imsurveyed  lands,  530,  673. 
plat  certified  by  surveyor  general,  341. 

required  in  patent  proceedings,  340. 
private  as  distinguished  from  public,  339. 
public  mineral  lands,  1083. 

survey  of  mineral  lands,  853. 
purpose  of  requiring  notations  as  to  minerals  and  salines,  850. 
record  of  surveyor  determines  character  of  land,  851. 

presumptively  correct,  851. 
refunding  deposit  for  cost  of,  343,  852,  853,  1234. 
relief  against  mineral  survey,  1234. 
repayment  of  deposit,  853. 

to  settler  of  excessive  deposit,  1234. 
required  as  to  placer  location  on  surveyed  lands,  543. 

in  patent  proceedings,  337. 
requirements  as  to  for  mill  sites,  331. 
resurvey  of  mining  claim,  580. 

to  correct  description,  322. 
separate  locations  and  boundaries  distinguished  in  group  claims,  339. 
several  locations  included  in,  339. 
showing  as  to  situation  of  mines  and  salines,  850. 


1746 


INDEX. 


SURVEY— Continued. 
Spanish,  849. 

sufficiency  in  application  for  patent,  338. 

of  for  mill  site,  607. 
surface  ground  surveyed  and  line  marked  before  patent,  712. 
surveyor  general  may  refuse  to  approve,  337. 
surveyors  must  adjust  lines  to  locations,  504,  505. 
time  given  for  making,  182. 

of  making,  340. 
tie  to  existing  mining  claim,  339. 
township  lines  only  where  lands  are  mineral,  1261. 
what  constitutes  field  work,  578. 
SURVEYOR  GENERAL. 

See  also  Alaska,  Description,  Mineral  monuments.  Mining  locations.  Monuments,  Plat,  Survey,  Sur- 
veyor's notation.  Surveyor's  return, 
appointment  for  Alaska,  898. 

approval  of  mining  location  dependent  on  direction  of  vein,  54. 
authority,  578. 

to  appoint  deputies,  280. 

locate  nonmineral  lands  under  Baca  grant,  1077. 

suspend  a  deputy,  578. 
basis  of  certificate,  341. 

can  not  make  exclusions  except  as  shown  by  survey,  338. 

receive  estimated  cost  of  survey,  579. 
certificate  as  evidence  of  work  and  improvement,  344. 

part  of  description  in  adverse  claim,  442. 
prima  facie  evidence  of  mineral  character,  531. 
to  annual  labor  filed  with  judgment,  486. 
expenditure  of  $500,  350. 
improvements,  350,  353. 
labor  to  the  value  of  $500  on  group  claims,  353. 
quartz  mill,  603. 
reduction  works,  603. 
filed  with  application  for  patent,  307. 
for  repayment  of  excessive  deposit,  1234. 
of  as  to  work,  289. 

with  copy  of  judgment,  429. 
to  plat  and  survey,  341, 
classification  of  coal  lands  by  survey,  1180. 
descriptive  note,  850. 

determines  amount  of  work  and  improvements,  337. 

character  of  land  under  Baca  grant,  1077. 
duties,  289,  850. 

in  adverse  proceedings,  492. 

making  survey  and  location,  1208. 
duty  and  effect  of  record,  851. 
as  to  field  notes,  850. 

mineral  lands,  1208. 

in  New  Mexico,  1208, 

salines,  1208. 

selection  of  lieu  land,  1174. 
survey  of  mining  claim,  337. 
to  adjust  lines  to  patented  claims,  504,  505. 
appoint  deputy  surveyor,  577. 
incorporate  descriptive  notes  in  plat,  851. 
survey  mining  claim  on  request,  443. 
effect  of  failure  to  designate  lands  as  mineral,  850. 
report  as  evidence,  851. 
return  as  to  coal  lands.  747. 

on  mineral  character  of  land,  1295. 
title  acquired  after  record  of  field  note,  851. 
evidence  to  overcome  presumption  arising  from  return  of,  17. 
failing  to  designate  improvements  as  mineral,  850. 
field  notes,  289. 

filing  private-land  claim  with,  1078. 
force  and  effect  of  report,  1120. 

governed  by  marked  lines  of  patented  claims,  504,  505. 


INDEX. 


1747 


SURVEYOR  GENERA  L— Cont inued. 

jurisdiction  as  to  survey  of  mining  claim,  X17. 
title,  341. 
to  determine  rights  of  party,  492. 
lands  returned  as  agricultural,  850. 
location  of  mines  on  field  books,  1194. 

salines  on  field  books,  1194. 
salt  springs  on  field  books,  1194. 
marking  situation  of  mines,  850. 
may  require  certified  copy  of  location  record,  337. 
must  follow  location  as  made,  83. 

require  deposit  of  cost  of  survey,  579. 
nature  of  statutory  requirement  as  to  certificate,  338. 
no  right  to  dictate  form  of  survey,  83. 
not  independent  tribunal,  1208. 
object  of  statute  as  to  duties,  850. 
payment  of  office  expenses  of  mineral  survey,  1038. 
plats,  289. 

and  notations,  850. 
powers  in  adverse  proceedings,  492. 
presumption  as  to  performance  of  duties,  338. 
report  as  evidence,  851. 

of  mineral  character  of  land,  581. 
return  as  to  lands  containing  salt  springs,  834. 

conclusive  as  to  work  and  improvements,  337. 
corrected  by  Land  Department,  337. 
not  conclusive  as  to  character  of  land,  640. 

controlling  after  mineral  exploration,  1139. 
as  affecting  mineral  character  of  land,  1295. 

to  lands  of  Southern  Pacific,  1139. 
of  notations  as  to  mines,  851. 

not  overcome  by  conflicting  evidence  as  to  minerals,  6. 
showing  coal  lands,  747. 
salary  in  Alaska,  898. 

segregation  of  mineral  from  nonmineral  lands,  1077. 

survey  and  description  for  patent  proceedings,  340. 
of  adverse  claim,  343. 
SURVEYOR'S  NOTATIONS. 

as  prima  facie  evidence  of  character  of  land,  1195. 
SURVEYOR'S  RETURN. 

See  also  Mineral  surveyor,  Surveyor  general.  Surveyor's  notation. 

as  classification  of  nonmineral  land,  1180. 

burden  of  proof  to  overcome,  318. 

effect  as  to  true  character  of  land,  318. 

of  surveyor's  notations  as  to  minerals  and  salines,  849. 

nonmineral  effect,  1180. 

overcome  by  mineral  location,  318. 

presumption  as  to  mineral  character  overcome,  318. 

from,  overcome  by  mining  location,  1196. 
SUTRO  TUNNEL. 

See  also  Mining  locations,  Tunnel  locations,  Tunnels. 

annual  labor  not  required,  249. 

effect  on  lode  locations,  629. 

right  of  appropriation  of  water  flowing  through,  1386. 

preemption  conferred  upon  Sutro,  1384. 
rights  conferred  upon  Sutro  by  tunnel  act,  1384. 
protected,  629,  675. 
SWINGING  CLAIM. 

See  also  Boundaries,  Lines,  Marking  locations.  Side  lines.  Surface  lines, 
change  of  end  lines  permitted,  146. 

surface  lines  and  effect,  182. 
marking  boundaries  to  prevent,  694. 

location  intended  to  prevent,  216. 
nature,  233. 

not  permitted  as  against  junior  locator,  224. 
permitted  under  policy  of  Government,  182. 
record  of,  to  prevent,  701. 


1748 


INDEX. 


SWINGING  CLAIM— Continued, 
regulation  by  State  statute,  233. 
right  of  original  locator  to  change  lines,  82. 

to  change  surface  lines,  182, 
what  constitutes,  233. 
when  permissible,  233. 

T. 

TAILINGS. 

See  also  Dumping,  Easement,  Eminent  domain,  Rights  of  way. 

easement  for  depositing,  619. 

impoimding  as  placer  claims,  516. 

insufficient  use  for  mill  site,  604. 

miners  dumping  tailings  in  sea  in  Alaska,  871. 

mill  site  for  dumping  from  tunnel,  605. 

right  of  eminent  domain  for  depositing  in  Alaska,  903. 
way  for  flow  or  conduct  in  Alaska,  903. 

washing  on  lower  lands,  611. 
TAIL  RACE. 

See  also  Tailings,  Vested  rights. 

easement  for,  608. 

vested  right  protected,  619. 
TAXATION. 

See  also  Mining  corporations.  Mining  locations.  Ores,  Property,  State  regulations, 
mining  claims,  97. 

location  subject  to,  93,  123. 

ores,  97. 

pipe  lines,  1070, 

title  in  United  States  doss  not  prevent,  98. 
TENANTS  IN  COMMON, 

See  also  Coowners,  Partition. 

duty  to  perform  assessment  work,  273. 

partition  of  mining  claim,  124. 

right  of  one  tenant  on  partition,  124. 
TENNESSEE. 

sale  of  Salt  Lick  Reservation,  1204. 
TERRITORY. 

equivalent  to  word  "lands,"  1243. 
TESTING, 

See  also  Appropriations,  Bureau  of  Mines. 

act  for  coal,  825. 
TEXAS. 

mineral  lands  excepted  from,  1093. 
TEXAS  PACIFIC  RAILROAD  CO. 

See  also  Railroad  grants. 

mineral  lands  excepted  from  grant  to,  1141. 
TIDE  LANDS. 

See  also  Alaska,  Mining  locations.  Shore  waters. 

application  of  mining  statutes  to,  1128. 

entry  of  mineral  lands  below,  13. 

inlets  of  Bering  Sea  subject  to  mining  location,  871. 

mining  locations  on,  in  Alaska,  874. 
TIDE  WATERS. 

See  also  Sponges. 

mining  of  sponges  in,  1097. 

power  of  Congress  over,  for  mining  sponges,  1097. 
TIE  LINE. 

See  Survey. 
TIMBER. 

See  also  Coal  locations.  Cutting  timber,  Mining  locations.  Mining  purposes,  Placer  locations.  Settlers' 

relief  act.  Trespass, 
amendment  to  timber -cutting  act,  1350,  1351,  1352. 
burden  of  proof  in  action  for  cutting,  1348. 
construction  of  timber-cutting  act,  1334,  1337. 
criminal  liability  for  cutting,  1349. 

on  mineral  lands,  1351. 
stone  lands,  1326,  1333. 

cutting  by  sawmill  owners,  1344. 


INDEX. 


1749 


TIMBER— Continued. 

cutting  for  export  prohibited,  134-1. 

mining  purposes,  1334,  1351. 
sale,  1344. 
in  mining  districts,  1339. 
on  coal  lands,  1341. 
homesteads,  1228. 

mineral  lands,  1340,  1350,  1351 ,  1352. 

mining  claims  permitted,  1334. 

placer  locations,  1346. 

reservations,  1352. 

stone  lands,  1324. 
damages  assessed  for  cutting  on  stone  lands,  1327. 
defense  in  action  for  cutting,  1347. 

on  charge  of  cutting  on  stone  lands,  1326. 
disposal  of  lumber  cut  from,  1344. 

timber  lands,  1312. 
duty  of  receivers  as  to  cutting,  1346. 

registers  as  to  cutting,  1346. 
effect  of  mineral  character  ol  land,  1340. 
employment  of  others  to  cut,  1344. 

evidence  as  to  mineral  character  of  land  in  action  for  cutting,  1347. 

of  good  faith  in  action  for  cutting,  1347. 
fraudulent  design  for  cutting,  1346. 

homestead  settlers  not  permitted  to  cut,  on  stone  lands,  1325, 

in  Alaska  used  for  mining  purposes,  870. 

included  in  railroad  grants  with  exceptions,  1101. 

indictment  for  cutting  on  stone  lands,  1326. 

intent  as  basis  of  criminal  liability  for  cutting,  1349. 

lands  on  which  cutting  is  permitted,  1340. 

liability  of  railroad  company  for  cutting,  1349. 

trespasser  for  cutting  on  stone  lands,  1327. 
measure  of  damages  in  action  for  cutting,  1348. 
miner's  right  to  cut  on  reservation,  1163. 

use  in  Alaska  subject  to  regiilations,  1352. 
owner  of  mining  claim  authorized  to  use,  1178. 
permits  to  cut  timber  for  mining  purposes,  1352. 
persons  authorized  to  cut  and  use,  1342. 
policy  of  Government  to  protect,  1312. 
power  to  permit  cutting  for  mining  purposes,  1350. 
presumption  as  to  regulation  adopted  by  Secretary  of  Interior,  1311. 
privilege  of  cutting  not  repealed,  1351. 
proof  of  cutting  on  stone  lands,  1326. 

willful  trespass  in  action  for  cutting,  1348. 
purpose  for  which  timber  may  be  cut  on  stona  lands,  1324. 

of  timber-cutting  act,  1337. 
regulations  as  to  cutting,  1344. 

sawmill  owners,  1346. 
restricting  statute,  1345. 
residents  authorized  to  cut,  1339. 
right  of  miner  to  take  from  adjacent  public  lands,  1311. 
settler  to  cut,  1228. 

exchange,  1228. 

sell,  1228. 

United  States  to  recover  in  action  for  cutting,  1349. 
to  cut  on  mineral  land  in  railroad  grant,  1107. 
settlers'  relief  act,  1228. 
States  in  which  cutting  is  permitted,  1338. 
statute  for  cutting  on  mineral  lands  in  Alaska  not  repealed,  870. 
sufficiency  of  indictment  for  cutting  timber  on  stone  lands,  1326. 
title  to,  on  surface  of  mining  claim,  703. 
unlawful  cutting  punished,  1312. 
use  by  miners  in  Alaska,  1352. 
for  mining  in  Alaska,  870. 

purposes,  1311. 
of,  by  miners  in  Alaska,  871. 

forest  reserve,  1169. 


1750 


INDEX. 


TIME  ER— Continued. 

use  of  prospectors  in  Alaska,  869, 

for  mining  purposes  in  Alaska,  869. 
on  homesteads,  1228. 

mining  location  in  reservation,  1178. 
uses  for  which  cutting  is  permitted  include  domestic  purposes,  1342,  1351. 

reduction  works,  1343. 
roasting  ores,  1343. 
smelting  ores,  1343. 

validity  of  regulations,  1345. 
what  constitutes  timber  land,  1342. 
who  permitted  to  cut  on  stone  lands,  1324. 
willful  trespass  for  cutting  timber,  1348. 
TIMBER  AND  STONE  ACT. 

See  also  Minmg  locations,  Mining  purposes.  Placer  locations,  Settlers'  relief  act,  Timber  cutting, 
amendment  applies  to  all  public-land  States,  1329. 
application  of  amendatory  act,  1311. 

amendment  to  Colorado,  1311. 
to  California,  Oregon,  and  Nevada,  1311. 
coal  land  excluded,  1315. 
effect  on  miner's  rights,  1311. 

excludes  land  containing  precious  metals  and  coal,  1315. 
extended  by  amendment  to  Colorado,  1329. 
to  all  public-land  States,  1328. 
conserve  the  timber  and  stone,  1311. 
lands  known  to  be  valuable  for  mineral  excluded,  1316. 
purpose  to  permit  purchase  of  timber  land,  1311. 
reference  to  mining  statutes  enforced  at  time  of  enactment,  1152. 
validity  of  regulations  under,  1323. 
TIMBER  CULTURE  ACT. 

See  also  Timber,  Timber  and  stone  act. 
application  to  agricultural  and  mineral  entries,  1225. 

entries  to  lands  classed  for  disposal,  1226. 
construed  with  mining  statutes,  1225. 
excessive  entry  as  mineral  land,  1226. 
not  retroactive,  1225. 

operation  confined  to  nonmineral  land,  1225. 
TIMBER  CUTTING. 

See  also  Mining  purposes.  Mining  rights,  Timber  and  stone  act. 
agreement  as  to  use,  1344. 

application  of  statute  as  to  mining  purposes,  1337. 
burden  of  proof  as  to,  1348. 

on  mining  location,  1327. 
on  party  claiming  right,  1343. 
coal  land  not  included  in  timber-cutting  act,  1340. 
Congress  did  not  intend  to  prohibit  from  mining  claims,  1338. 
distinction  between  domestic  use  and  exportation  from  State,  1344. 
extent  of  for  mining  purposes,  1337. 
failiire  to  keep  record  as  evidence  of  trespass,  1349. 
foreign  corporation  not  authorized,  1339. 
governed  by  timber  and  stone  act,  1324. 

homesteader  can  not  justify  on  groimd  that  lands  are  mineral,  1325. 

innocent  or  willful  trespass,  1347. 

limited  to  use  for  mining  pmposes,  1335, 

mineral  character  of  land  a  question  of  fact,  1340. 

miners  within  forest  reservation  restricted,  1163. 

not  permitted  for  use  in  coal  mines,  1342. 

permitted  in  mining  districts  and  States,  1338. 

imder  regulation  adopted  by  Secretary  of  the  Interior,  1343. 
power  of  Congress  to  permit,  1350. 
presumption  as  to  trespass,  1348. 
proof  of  acting  under  advice  of  counsel,  1348. 

to  justify  for  mining  purposes,  1346. 
railroad  company  liable  for  on  mineral  land,  1349. 
regulations  as  to  size  of  trees,  1345. 

statement  of  sawmill  owners,  1346. 


INDEX. 


1751 


TIMBER  CUTTING-Continued. 

right  extended  rather  than  limited,  1338. 
on  classified  mineral  lands,  1153. 

statute  makes  exception  as  to  willful  trespass,  1348. 
permits  for  mining  purposes,  1351. 

uses  for  mining  pmT)oses,  1324. 

in  mining  operations  justifiable,  1343. 
quartz  mills  and  reduction  works,  1343. 

validity  of  regulations  as  to  timber  cutting,  1345. 
TIMBER-CUTTING  ACT. 

See  also  Mining  purposes,  Settlers'  relief  act,  Timber  cutting.  Timber  and  stone  act. 

construction  and  application,  1338, 

construed  with  reference  to  miner's  interests,  1335. 

cutting  for  mining  purposes  not  limited  to  mineral  lands,  1334,  1340. 

effect  of  amendment,  1351. 

extended  to  Colorado,  1351. 

extent  of  application  of  act  to  mineral  lands,  1340. 

repeal  of  as  to  mining  purposes,  1335. 
TIMBER  LANDS. 

appropriation  under  lieu  selections,  844. 
TIME. 

See  also  Computation  of  time,  Notice,  Publication,  Statute  of  limitations, 
computation  relating  to  coal  entry,  777. 
TIN. 

See  also  Minerals, 
as  mineral,  35. 

as  valuable  mineral  deposits,  690. 
lands  containing  as  mineral  lands,  690. 

not  locatable  as  placer  claims,  521. 
subject  to  location,  35. 
TITLE. 

See  also  Action  to  quiet  title,  Adverse  possession,  Equitable  title.  Grant,  Mining  locations  Ores 

Ownership,  Placer  locations,  Possession,  Possessory  titles,  Statute  of  limitations,  Vested  rights, 
abstract  required  with  application  for  patent,  312. 
acquired  by  conveyance  from  coowner,  278. 

from  alien  locator  of  mining  claim,  30. 

under  miners'  rules,  24. 

statute  of  limitations,  125. 
acquiring  after  record  of  field  notes,  851. 

by  adverse  possession,  548. 
acquisition  of  mineral  lands,  11. 
action  for  recovery  of  mining  title,  831. 
actual  possession  not  necessary  to  protect,  24. 
adverse  claimant's  determined  by  court,  463. 
alien  corporation  can  not  acquire  to  mineral  land,  28. 
alien's  mining  title  confirmed  by  naturalization,  101. 
alienation  not  prohibited,  429. 
approval  by  Attorney  General,  829. 
as  a  statutory  grant,  26. 
as  basis  of  adverse  claim,  442. 
assignee  of  alien  locator,  30. 
at  point  of  intersection  of  veins,  589. 
basis  of  color  of,  310. 

between  adverse  claimant  and  Government  not  determined  in  adverse  suit,  464. 
blanket  vein,  57. 

bona  fide  purchaser  from  stone-land  en  try  man,  1321. 
by  possession,  125. 

prescription,  660. 
cancellation  of  entry,  398. 
classes  of  created  by  mining  statutes,  408. 
coal  lands,  750. 

miner  may  obtain,  790. 
color  of,  310. 

complete  under  patent,  409. 
confirmed  by  naturalization,  101. 
conveyance  by  coowner,  278. 

miner  though  fee  in  Government,  123. 


1752 


INDEX. 


TITLE— Continued. 

conveyed  by  railroad  company,  1137. 
coowner  can  not  obtain  by  relocation,  278. 

holds  in  trust,  279. 
counterfeiting  evidences  of,  855,  856. 
dates  from  entry  and  payment,  415. 
discovery  as  foundation  of,  23. 

primary  source,  66. 
distinctions  between  for  mining  claims,  408. 
effect  of  adverse  proceedings,  464. 
on,  of  amended  location,  182. 

subsequent  discovery  of  minerals,  1107. 
equitable,  395,  396. 

extent  of  adjudication  as  to  mining  claims,  831,  832. 
failure  to  object  to  patent  concludes  interested  persons,  386. 
false  date  and  evidence  of,  855,  856. 

evidences  of,  855,  856. 
fee  simple,  408. 
forging  evidences,  855,  856. 
fraud  in  obtaining,  855,  856. 
Government  holds,  until  patent  issues,  498. 
held  in  trust,  395. 

by  Government,  395,  404. 

patentee,  408. 

United  States,  332. 
includes  surface  groimd  and  apexing  veins  and  lodes,  411. 
known  vein  or  lode  w^ithin  placer,  95. 
lands  in  State  grant  pass  by  lists  same  as  patent,  1263. 
leases  to  Bureau  of  Mines  approved  by  Attorney  General,  829. 
legal,  prevails,  493. 
limited  and  absolute,  116. 

to  mining  purposes,  26. 
locator  acquires,  by  possession,  125. 
locator's  title  to  mining  location,  26. 
manner  of  acquiring,  to  mineral  lands,  3. 
meaning  of  "mining  title,"  1089. 
mineral  claimant  as  against  town  site,  22. 
mine  owners  given,  by  statute,  790. 
mining  claims  in  Alaska,  874. 

titles  protected  in  State  grants,  1274. 
mode  of  acquiring,  to  mining  claim,  22. 
nature  and  classes,  408. 

Nevada  estopped  from  claiming,  to  mines,  1276. 
not  acquired  by  fraudulent  entry,  23. 

school  indemnity  selections,  815. 
to  mineral  lands  imder  town-site  laws,  1369. 
affected  by  subsequent  discovery  of  mineral,  747, 1263. 
presumed  from  possession  under  original  act,  655. 
of  Government  not  affected  by  State  regulations,  163. 
mining  claim  acquired  from  unqualified  person,  31. 
purchaser  of  railroad  lands  from  company,  1107,  1137. 
United  States  not  affected  by  court  decisions,  464. 
on  relocation,  271. 
operates  by  relation,  398,  415. 
ownership  of  ore  at  point  of  intersection,  589. 

veins,  127. 
patent  for  coal  lands  completes,  750. 

passes  from  United  States,  493. 
to  placer  claim  conveys  fee  simple,  524. 
perfected  by  patent,  412. 
perfecting  after  adverse  suit,  501. 
permitted  by  miners'  rules,  692. 
possession  and  statute  of  limitations,  125. 

as  against  intruder,  116, 117. 
priority  of  location  and  not  of  entry  to  determine,  629. 
proliibition  against  acquiring,  to  mines  in  town  sites,  1369. 
proof  of  compliance  with  vStatute  necessary  to  right,  186,  187. 
to  show,  held  in  trust,  408. 


INDEX. 


1753 


TITLE— Continued. 

protected  against  intruders,  120. 

punishment  for  counterfeiting  in  obtaining,  855,  856. 

retained  by  Ciovemment,  306. 

Southern  Pacific's  oil  lands,  1137. 

subject  to  vested  water  rights,  426. 

subsequent  discovery  of  mineral  docs  not  afTect,  1283. 

superior  in  Government  in  trust  for  locator,  21. 

superiority  of  mineral  and  town  site,  1302. 

surface  of  coal  lands,  813. 

statute  of  limitations,  660. 

statutory  grant  to  locator,  26. 

to  coal  lands  in  Alaska  forfeited,  891. 

indemnity  lands  selected  by  railroad  company,  1131. 
lands  and  minerals  separate,  113. 
lieu  lands  protected,  1175. 
mineral  deposits  given  to  first  taker,  26. 
lands,  3. 

acquired  by  lawful  location,  53. 

under  mining  laws  only,  104. 
not  acquired  imder  town-site  laws,  1369. 
determined  by  miners'  rules,  13, 
veins  not  acquired  by  town-site  entries  in  Alaska,  1379. 
minerals  in  i)rivate-land  claims,  1078. 

on  purchase  from  railroad  company,  1147. 
mines  in  private-land  claims,  1078. 

claims  not  initiated  by  tunnel  work,  22. 
rests  on  possession  and  grant,  26. 
mining  location,  22. 

based  on  discovery,  66. 
in  Alaska  perfected,  887. 
is  legal,  124. 

placer  claim,  672. 

selected  lands  under  railroad  grant,  1126. 
water,  614. 
town  lots  subject  to  mineral  rights,  790. 

mining  right,  1359. 
in  Alaska  subject  to  mineral  rights,  1378. 
uncertainty  prevented  by  permanent  boundaries,  224. 
under  patent  for  coal  lands,  750. 
vests  at  date  of  survey,  1263. 
when  entry  will  be  canceled,  398. 
TOWN  SITES. 

See  also  Adverse  claim,  Alaska,  Mining  locations,  Mining  statutes,  Patent,  Patent  proceedings,  Sur- 
face, Vested  rights, 
adverse  claim,  475. 

in  application  for  patent,  1361. 
after  patent  not  subject  to  mineral  entry,  10. 
application  for  mineral  patent  on,  1374. 

mining  location  within,  331. 
patent  by  mineral  claimant,  1361. 

after  town-site  patent,  1362. 
no  obstacle  to  mineral  application,  1374. 
of  town-site  laws,  1376. 
Buffalo,  Wyo.,  1382. 

claimant  holds  subject  to  rights  of  mineral  claimant,  1368. 

must  adverse  mineral  application,  374. 
coal  leases  on,  1005. 

conclusiveness  of  mineral  patent  as  against  town-site  claimant,  1361. 
conflicting  rights  between  placer  claimants  and  town-site  claimants,  517. 
conformity  of  limits  to  legal  subdivisions  of  public  lands,  1381. 
construction  of  statute,  1367. 

determination  of  mineral  character  of  land  within,  1370. 
disposal  of  mineral  lands  in,  331. 
duty  to  adverse  application  of  lode  claim,  436. 
56974°— Bull.  94,  pt  2—15  59 


1754 


INDEX. 


TOWN  SITES— Continued. 

effect  of,  as  against  mining  rights,  1362. 

entry  on  mining  location,  1366,  1381. 

known  mine  of  gold,  1366. 

mineral  patent  on  town-site  owner,  1375. 

on  mineral  lands,  1368. 

Oregon  enabling  act,  1268. 

patent  as  a  conveyance,  1371. 

against  mineral  claimant,  1372. 
on  jurisdiction  of  Land  Department,  1365. 

mining  location,  1381. 
where  known  lode  claims  include,  1372. 
reservation  of  surface  rights  in  patent,  22. 
subsequent  discovery  of  mineral,  1374. 
entry  does  not  carry  mining  claims,  1367. 
in  Alaska,  867. 
of,  1355. 

on  mineral  lands,  1355. 
on  mineral  lands,  1378. 
surveyed  lands,  1381. 
entryman  not  required  to  adverse  mineral  claimant,  446. 
existence  in  mining  localities  presumed,  1355. 
existing  mining  rights  protected,  1368. 

extent  and  meaning  of  prohibition  against  acquiring  mineral  land,  1370. 
form  of  entry  on  surveyed  lands,  1381. 
ground  abandoned  by  mineral  claimant,  1373. 
held  in  trust  for  use  of  occupants,  1376. 
Indian  mineral  lands  within,  1014. 

issuance  of  patent  terminates  jurisdiction  of  Land  Department,  1365. 
jurisdiction  to  determine  mineral  character  of  land  in,  1370. 
lands  disposed  of  under  mineral  law,  331. 
for,  in  Alaska,  867. 

open  to  entry  under,  not  selectable  as  railroad  indemnity,  961. 
valuable  for  minerals,  1367. 
located  on  mineral  lands,  1368. 
location  in  mineral  regions,  1369. 

of  land  within,  for  mining  purposes,  1357. 
meaning  of  "mines"  in,  1378. 
mill  site  excepted  from  patent,  1373. 
mineral  and  town-site  claimants,  1380. 
character  of  land,  1358,  1370. 

in  town  site,  1380. 
claimant  in  Alaska  not  entitled  to  occupy  surface  ground,  1379. 
lands  excepted,  1372. 

from  patent,  1363. 

in  California  survey  act,  1260. 
not  acquired  under  town-site  laws,  1355,  1369. 
subject  to  occupation  as,  1376. 
patent  on  subsequent  discovery  not  permitted,  331. 
rights  in,  1378. 
minerals  excluded  from  application  for,  1381. 
in,  open  to  exploration,  1357,  1370. 
reserved  from,  1371,  1376. 
miners  protected  by  statute,  1354. 
mines  not  acquired  by,  1357. 

of  gold  on,  1367. 
mining  coal  from,  1005. 

location  as  notice,  1359. 

not  acquired  by,  1377. 
on,  permitted,  1358. 
protected,  1358. 
no  compensation  for  town-site  improvements,  1375. 
objections  to  application  for  mineral  patent  on,  1374. 
occupants  entitled  to  hearing,  1381. 

have  no  vested  rights  as  against  United  States,  1361. 
official  survey  as  part  of  patent,  504. 
on  mineral  lands  in  Alaska,  1379. 


INDEX. 


1755 


TOWN  SITES— Continued. 

patent  for,  as  quitclaim  deed,  1371. 

can  not  include  mining  locations,  702. 
mineral  lands,  1361. 

vein  within,  in  Alaska,  1379. 
subject  to  locator's  possessory  rights,  118. 

rights  of  mineral  claimant,  1359. 
patentee  not  required  to  adverse  mineral  application,  374. 
placer  claims,  517. 

possession  of  mineral  veins  within,  in  Alaska,  1379, 
possession  of  mining  claim  in,  protected,  1358. 

within  limits,  1357. 
prevents  location  of  raining  claim,  1360. 
presumption  as  against  subsequent  mineral  patent,  1363. 

to  validity  of  deed,  1365. 
priority  of  location  and  mineral  patent,  1375. 

rights  over  town-site  claimant,  1374. 
prohibition  against  title  to  mines,  1369. 
proof  as  to  mineral  character  of  land,  1358,  1380. 

sufficient  to  justify  subsequent  mining  location,  1360. 
public  land  occupied  as,  868. 

purchaser  of  lot  bound  by  excepting  clause  in  patent,  1365. 

purpose  of  town-site  act,  1366,  1367. 

relative  rights  of  occupants  and  mineral  claimant,  1360. 

patentee  and  mineral  claimant,  1374. 
relief  against  prior  mineral  entry,  1373. 

remedy  where  known  lode  claims  are  included  in  patent,  1372. 
reservations  as  to,  in  mineral  patent  not  authorized,  416. 

inserted  in  patent  as  to  mineral  rights,  1364. 
of  minerals  from,  1371. 

in  patent  to,  1378. 
town-site  rights  in  mineral  patent,  1375. 
right  and  title  to  surface  as  against  mining  location,  1369, 
as  against  mining  location,  22. 
of  citizen  to  use,  1357. 

mining  locator  on,  1378, 
on  discovery  of  mine  within,  1370, 
to  locate  on  public  domain,  1357, 

surface  as  against  mineral  claimant,  1380, 
rights  of  mineral  claimant  subject  to,  517. 

owner  as  against  mineral  claimant,  1360. 

United  States,  1361. 
on  cessation  of  mining,  1005. 
section  relating  to  part  of  general  system,  1354. 
settlement  of  rights  of  occupant  and  mineral  claimant,  1365, 
showing  as  to  nonmineral  character  in  application,  1362. 
statute  refers  to  mines  known  prior  to  patent,  1367. 
subject  to  rights  of  mineral  claimants,  1355. 
subsequent  discovery  of  mineral,  1365. 
title  not  affected  by  subsequent  discovery  of  minerals,  1369. 
subject  to  mineral  rights,  1359. 
to  known  mine  acquired  by,  1359. 

mineral  lands  not  acquired  by,  in  Alaska,  867,  1378. 

under,  867. 

mines  in,  1369, 

mining  claims  not  acquired  by,  1378. 

town  lots  in  Alaska  subject  to  mineral  rights,  1378,  .  ■ 

use  for  building  purposes,  1357. 
TOWN-SITE  CLAIMANT. 

See  also  Coal  lands.  Contestants,  Biurden  of  proof,  Mineral  claimant.  Mineral  lands.  Possessory  rights, 

Surface  rights.  Town  sites, 
burden  of  proof  to  show  nonmineral  character  of  land,  1380. 
contest  with  mill-site  claimant,  607. 

mineral  claimant,  1372. 
minerals  and  mining  claims  may  be  excluded  from  application  for  patent,  1381. 
rights  as  against  mineral  claimant,  1368. 
subject  to  coal  claimants,  790. 


1756 


INDEX. 


TOWN-SITE  ENTRY. 

See  also  Burden  of  proof,  Entry,  Mineral  lands,  Mining  locations,  Mining  rights. 

burden  of  proof  to  show  illegality,  1380. 

cancellation  and  amendment,  1356. 

coal  lands  excluded  from,  1382. 

effect  of  existing  mining  location,  1380. 

hearing  to  determine  character  of  land,  1364. 

mineral  locator  not  required  to  adverse,  1375. 

mining  locations  within,  1355. 

not  affected  by  subsequent  discovery  of  mineral,  1356. 
made  on  lands  known  to  contain  minerals,  1368. 
permitted  for  land  held  for  mineral  piu-poses,  1356. 
if  embraces  patented  land,  1380. 
on  known  mineral  lands,  1364. 
pending  protest  of  mill-site  claimant,  1374. 
patent  for  mining  claim  as  against,  1382. 
permitted  on  mineral  land,  1355. 
subject  to  possession  of  mineral  claim,  1355. 
unpatented  mining  claims  excluded  from,  1380. 
title  bm-dcned  with  rights  of  mineral  claimants,  1372. 
subject  to  mineral  rights,  791. 
TOWN-SITE  LAWS. 

See  also  Mineral  deposits.  Mineral  lands.  Mining,  Mining  statutes.  Possessory  rights,  Possessory  title, 
Surface. 

application  to  prior  patents  for  town  sites,  1367. 

town  sites  on  or  near  mineral  land,  1376. 
authorize  town  sites  on  mineral  land,  1379. 
construed  as  protecting  existing  mineral  rights,  1368. 
effect  as  reservation  of  minerals,  1363. 
lands  valuable  for  minerals  excepted  from,  1366. 
mineral  lands  not  acquired  under,  1369. 
mining  on  town  sites  authorized,  1379. 
no  provision  for  passing  title  to  mineral  lands,  1363. 
uonmineral  public  lands  enterable  for  town-site  purposes,  1376. 
not  in  force  in  Oregon,  1376. 

recognized  possession  of  mining  claims  within  town  sites,  1367. 

relief  of  inhabitants  upon  public  lands,  1378. 

reservation  of  mineral  land,  1368. 

reserved  known  mines  from  patents,  1371. 

rights  given  to  mineral  claimants  enlarged  by  amendment,  1379. 

title  to  gold  mines  reserved,  1367. 

mineral  lands  not  acquired  by,  1379 
mill  site  not  acquired  vmder,  1373. 
mines  or  mineral  lands  not  acquired  under,  1377. 
town-site  entries  upon  mineral  lands  not  intended  by,  1367. 
TOWN-SITE  OCCUPANT. 

See  also  Burden  of  proof,  Mineral  claimant,  Surface,  Surface  rights, 
appeal  to  Secretary  of  Interior  for  correction  of  error,  1381. 
application  for  correction  of  errors  of  Department,  1381. 
as  trustee  of  mineral  claimant,  408. 
burden  of  proving  nonmineral  character  of  land,  1381. 
rights  as  against  placer  claimants,  1380. 
surface  rights  subject  to  rights  of  mineral  claimant,  1375. 
TOWN-SITE  PATENT. 

See  also  Land  Department,  Mineral  lands,  Mining  locations,  Mining  rights,  Patents,  Patent  proceed- 
ings, Reservations  in  patents.  Title,  Town  sites, 
acquired  to  lands  in  mining  region,  1382. 
can  not  include  mining  locations,  1379. 
conveys  no  title  to  mine  or  mining  claim,  1372. 

known  mineral  lands,  1362. 

mines  or  mining  claim,  1371. 
Department  may  inquire  as  to  character  of  land,  1374. 

retains  jurisdiction  to  issue  mineral  patent,  1381. 
effect  as  against  extralateral  rights  of  mineral  claimant,  1378. 
mining  claims  or  possession,  1382. 
rights,  1362. 
quitclaim  deed  from  United  States,  1371. 


INDEX. 


1757 


TOWN-SITE  PATENT— Continued, 
effect  of  reservation,  1372. 

on  jurisdiction  of  Department  toissue  mineral  patent,  1382. 

rights  of  mineral  locator,  1381. 
where  issued  on  false  affidavit,  1362. 
except  all  mines  and  mining  claims,  1382. 
existing  mill  site  excepted  from,  1374. 
for  abandoned  mining  location,  1373. 

hearing  to  determine  mineral  character  of  land  included  in,  1373. 
inoperative  as  to  known  mineral  land,  1364. 

to  convey  title  to  mining  claim  or  possession,  1382. 
invalid  where  it  includes  a  mill  site,  1373. 
issuance  terminates  jurisdiction  of  Department,  1370. 
judicial  proceedings  to  vacate,  if  contains  known  mine,  1372. 
knowledge  of  mineral  not  sufficient  to  except  land,  1367. 
known  mines  excepted  from,  1371. 
minerals  and  mining  claims  excluded  from,  1381. 
mines  and  mineral  lands  excepted  from,  1363. 
no  effect  on  rights  of  protestant,  1373. 
not  invalidated  by  subsequent  discovery  of  mineral,  1374. 
obtaining  title  for  mining  ground  within  town  site,  1373. 
patent  for  mineral  vein  after  issuance  of,  1380. 

patentee  may  reconvey  to  Government,  1373.  , 

placer  mining  ground  not  included,  1382. 

presumption  as  against  subsequent  mineral  patent,  1363. 

priority  over  subsequent  mining  rights,  1363. 

proof  as  against,  by  lode  claimant,  1373. 

sufficient  to  accept  mineral  land,  1371. 
justify  issuance,  1362. 
reservation  as  to  mines  on  mineral  lands,  1378. 
right  to  subsequent  mineral  patent,  1379. 
rights  as  against  subsequent  mining  location,  1364. 

conveyed  as  against  mineral  claimant,  1372. 
title  conveyed  by,  1363. 

not  affected  by  subsequent  discovery  of  mineral,  1365. 

of  purchaser  from  town  authorities,  1365. 

to  mines  or  mining  claims  not  acquired  by,  1371. 
validity  of  excepting  clause  inserted  by  Land  Department,  1365. 
TRAMWAY  LINES  AND  ROADS. 
See  also  Alaska,  Rights  of  way. 
liens  on,  in  Alaska,  903. 
rights  of  way,  1190. 

width  of  for  mining  corporations,  1190. 
TRANSFEREE. 

See  Assignors  and  assignees. 
TRANSPORTATION. 

coal  act  as  to,  825. 
TRESPASS. 

See  also  Condonation,  Ejectment,  Justification,  Mining  locations,  Possession,  Possessory  action,  Stone 

lands.  Timber  and  stone  act.  Timber  cutting, 
annual  labor  performed  by  trespasser  not  available,  240. 
condoned  by  purchase  of  lands,  1218. 
confers  no  extralateral  rights,  89. 

right  on  junior  location,  89. 
criminal  liability  for  cutting  timber  on,  1349. 
cutting  timber  on  mineral  lands,  1345,  1348. 
defense  against,  121. 

to  justify  timber  cutting,  1347. 
does  not  initiate  rights  to  mining  claim,  22. 
duty  of  locator  to  defend,  123. 
effect  in  making  relocation,  266. 
equity  will  enjoin,  461. 
good  faith  of  coal  entryman  as  defense,  757. 
Government  not  required  to  bring  action  for,  122. 

will  not  protect  claim  against,  123. 
justification,  160. 

upon  extralateral  dip  of  vein,  160. 


1758 


INDEX. 


TRESSPASS— Continued. 

liability  for  cutting  timber  on  mineral  lands,  1348. 
removing  minerals  in  Alaska,  909. 

ore  from  subsurface  vein,  120. 
trespass  on  mineral  lands  in  Alaska,  909. 
quarrying  or  removing  stone  in  Alaska,  909. 
of  trespasser  for  cutting  timber  on  stone  lands,  1327. 
location  not  initiated  by,  89. 
locator  may  exclude  trespasser,  121. 

protected  from,  while  making  discovery,  109. 
locator's  right  as  against,  116, 117. 
measure  of  damages  for  willful  trespass,  1348. 
miner  as  trespasser  before  enactment  of  mining  law,  635. 
mining  location  not  made  by,  89. 

locator  not  a  trespasser,  25. 
no  rights  in  placer  location  initiated  by,  95. 

acquired  by,  on  invalid  senior  location,  89. 
created  by,  160. 
initiated  by,  184. 
not  justified  on  excessive  placer  location,  539. 

permitted  while  prospector  is  searching  for  minerals,  90. 
occupancy  of  mineral  lands  before  mining  statutes  enacted,  637. 
on  mineral  lands  not  condoned  by  purchase,  1218. 
overlapping  location  made  by,  224. 
ouster  beneath  surface,  160. 

upon  surface,  160. 
person  working  on  vein  below  surface  is  trespasser,  160. 
possession  not  disturbed  by,  186. 

of  mining  claim  good  as  against,  22. 
possessory  right  sufficient  as  against,  160. 
presumption  and  justification,  160. 

in  willful  trespass,  1348. 
presumptions  as  to,  160. 
proof  of  citizenship  in  action  for,  703. 
sufficient  to  justify,  160. 
to  show,  122. 
prospector  on  coal  lands  not  a  trespasser,  742. 

placer  claim  a  trespasser,  567. 
stranger  following  dip  of  vein,  170. 
tortious  entry  unavailing,  89. 
willful,  1348. 
TRIANGULAR  LOCATIONS. 

See  also  Mining  locations.  Placer  locations,  Showstring  locations, 
no  extralateral  rights,  145. 
TRUST. 

See  also  Mining  locations,  Title,  Trustee. 
Government  holds  superior  title  in,  for  locator,  21. 
proof  sufficient  to  establish,  408. 
title  held  in,  by  United  States,  332,  333. 
TRUSTEE. 

See  also  Beneficiary,  Coowner,  Mining  locations.  Patent,  Vested  rights, 
alien  corporation  can  not  obtain  title  to  mineral  lands  by,  28. 
as  locator,  100. 

citizenship  of  beneficiary,  100. 

locator  not  required  to  adverse  application  of,  375. 

patentee  holding  as,  298,  408. 

may  be,  408. 
relocation  by,  271. 
title  of  coowners  held  by,  279. 
TUNNEL  ACT. 

See  also  Sutro  tunnel.  Tunnels. 

authority  to  protest  against  patent,  1386. 

effect  of  failure  to  prosecute  work,  1385. 

extent  of  rights  granted  to  Sutro,  1384. 

meaning  of  words  "discovered  or  developed,"  1385. 

time  for  completion  of  tunnel  not  fixed,  1385. 


INDEX. 


1759 


TUNNEL  LOCATIONS. 

See  also  Adverse  claims,  Annual  labor,  Blind  veins,  Comstock  lode.  Diligence,  Discovery,  Mining  locia- 

tions.  Surface  rights,  Sutro  Tunnel,  Tunnel  act,  Tunnels, 
adverse  claim,  373. 

against,  167. 
to  protect  rights,  436. 
proceedings  not  necessary,  444. 
application  of  section  2323,  165. 
as  mining  claim,  167. 

asserting  right  to  as  against  patented  lode,  420. 
as  substitute  for  surface  location,  175. 
authority  of  Land  Department  over,  167. 
blind  veins  discovered,  167. 
construction  as  assessment  work,  283. 

of  particular  terms,  165. 
tunnel  as  annual  labor,  248, 283. 
continuance  of  tunnel  through  lode  claim,  171. 
development  projects  nor  representation  work,  170. 
diligence  in  prosecution  of  work,  706. 
diligent  prosecution  protects  owner,  168. 
easements  granted  by  State  statute,  608. 
effect  of  surface  location  on  line  of,  167,  168,  171. 
excessive,  170. 

length  of  tunnel,  173. 
extent  and  form,  175. 
extralateral  rights,  173. 

as  against  prior  surface  location,  173. 

subsequent  surface  locator^  173. 
failure  to  adverse  patent  application,  173. 

begin  suit  on  adverse  claim,  473. 
prosecute  work  diligently,  168. 
governed  by  local  laws  and  customs,  168. 
groiuid  for  dumping,  167. 

in  connection  with  for  dumping  purposes,  167. 
invalid  if  excessive,  170. 
kinds  of  tunnel  claims,  283. 
lands  embraced  by  withdrawn  from  sale,  1384. 
length  of  ownership  of  lode  from  point  of  discovery,  706. 

tunnel,  173. 
limitation  as  to  length,  167. 
limitations  on  rights  of  timnel  owners,  167. 
line  of  defined,  169. 

tuimel,  169,  706. 
location  of  vein  discovered  in  tunnel,  174. 
locator  not  necessary  party  to  patent  proceedings,  328. 
meaning  of  line  of  tunnel,  169. 
method  of  making,  169. 
nature  of  tunnel  rights,  166. 
necessity  of  location  notice,  175. 
no  authority  for  patents,  174. 
not  impaired  by  act  of  1872,  629. 

void  if  excessive  in  length,  173. 
notice  not  required,  283. 

of  location  of  tunnel  vein,  175. 
required,  175. 
only  locator  not  required  to  adverse,  173. 
option  of  owner  and  form  of,  169. 
owner  estopped  from  claiming  blind  vein,  172. 
may  file  as  adverse  claim,  167. 
not  required  to  pay  for  ground,  174. 

to  adverse,  446. 
protected  during  prosecution,  168. 
owner's  right  to  permit  all  veins  or  lodes  within,  705. 
patent  for  can  not  protect  lode  locator,  172. 

surface  location  after  commencement  of  tunnel,  172. 
issues  for,  167. 
not  authorized.  174. 


1760 


INDEX. 


TUNNEL  LOCATIONS— Continued. 

prospecting  for  blind  lodes  prohibited,  175. 
purpose  of  section  2323, 165. 
representation  work,  170. 
right  as  against  patented  surface  location,  171. 
of  locator  to  blind  veins,  167. 
owner  on  discovery  of  vein,  170. 
to  blind  veins,  167. 
to  royalty  from  mines  drained,  1385. 
survey  and  plat,  173. 
rights  as  against  surface  locators,  167, 170, 172. 
dependent  on  diligent  prosecution,  168. 
granted,  166. 

tunnel  owners,  165. 
not  acquired  beyond  statutory  length,  167. 

dependent  on  discovery,  169. 
of  locator  as  against  surface  location,  167, 171. 
subject  to  miners'  rules,  168. 

State  regulations,  168. 
protected  by  adverse  claim,  436. 

statute,  706. 
subject  to  prior  surface  location,  170. 
superior  to  subsequent  surface  locations,  172. 
size  and  extent,  170. 

surface  location  after  commencement  of  timnel,  172. 

of  tunnel  vein  not  required,  174. 
statute  authorizing,  705. 
tuimel  claims,  283. 
under  act  of  May  10, 1872,  705. 
use  for  development  purposes,  168. 
validity  of  surface  location  on  line  of,  167,  168,  171. 
vein  or  lode  acquired  by,  before  discovery,  169. 
vested  rights  before  surface  location,  172. 
void  only  as  to  excess,  173. 
width  as  line  of,  169. 

work  in,  credited  as  assessment  work,  168. 
TUNNELS. 

See  also  Adverse  claims.  Blind  veins,  Comstock  lode,  Diligence,  Discovery,  Mining  locations.  Surface 

rights,  Sutro  tunnel.  Tunnel  locations.  Veins  or  lodes.  Water  rights, 
claims  exempt  from  annual  labor,  1386. 

as  a  building  or  structure  subject  to  miner's  lien  in  Alaska,  907. 
means  of  exploration  or  discovery,  166. 

improvement  for  group  claims,  283. 

labor  or  improvements,  241. 
available  as  expenditures  under  patent  proceedings,  355. 
blind  veins  in,  167. 
Comstock  lode,  1386. 

conditions  in  patent  as  to  mines  benefited,  1385. 
construction  according  to  miners'  rules  protected,  168. 
of  gives  no  title  to  mineral  lands,  22. 

particular  terms  in  tunnel  act,  165. 

tunnel  act,  165. 
coowner  may  forfeit  rights  of  others,  274. 
cost  as  a  basis  of  value,  355. 
credited  as  improvement,  283. 
dimensions  of,  166. 
discovery  in,  76. 

effect  of  on  agricultural  claims,  1387. 

surface  locations,  165,  170. 
expenditures  in  making  repair  not  assessment  work,  248. 
extralateral  rights  not  pursued  through,  159. 
failure  to  prosecute  construction,  1385. 
insufTicient  as  opening  and  improving  coal  mine,  760. 
knowledge  of  vein  or  lode  in,  561. 
laborer's  lien  in  Alaska,  903. 
line  of  as  notice,  175. 

not  required  to  be  marked  on  surface,  283. 


INDEX. 


1761 


TUNNELS— Continued. 

locator  granted  possession  of  veins  in  lino  of,  1G5. 
meaning  of  phrase  "discovery  or  development,"  1385. 

tenn  "branches,"  1385. 
method  of  making  location  on  discovery  of  vein,  176. 
miner's  lien  in  Alaska,  903,  907. 
mines  benefited  by  tunnel,  1385. 
mining  locations  prohibited  within  2,000  feet,  1385. 
no  right  to  project  into  existing  location,  167. 
not  a  mining  claim,  166. 

available  as  improvements,  349. 

permitted  in  asserting  extralateral  rights,  159. 
notice  of  location  necessarj',  176. 

owner  protected  while  diligently  prosecuting  work,  166. 
owners  of  Sutro  protected,  706. 
ownership  of  veins,  166. 

water  in,  1386. 
permit  for  not  required,  167. 
position  of  vein  or  lode  disclosed  by,  167. 
right  of  appropriation  of  water  in,  1386. 
to  explore  for  minerals  by,  167. 

vein  relates  to  date  of  location,  166. 
rights  after  discovery  of  vein  in,  175. 
conferred  by  act,  1384. 
granted  to  owner,  166. 
of  coowner,  274. 
owner,  166. 

superior  to  surface  rights,  166. 
way  for  in  Alaska,  903, 1192. 
for  mining  purposes,  1192. 
royalty  from  mines  drained  by,  1385. 
status  and  date  of  act,  1386. 
sufficiency  of  discovery  in,  76. 

surface  location  not  required  on  discovery  of  vein,  175. 

Sutro  Tunnel  act,  1383. 

time  for  completion  of  tmmels,  1385. 

use  for  discovery  purposes,  166. 

water  in  tunnels,  1386. 

work  on  available  to  several  claims,  283. 

U. 

UHLIG. 

See  Lavagnino  v.  Uhlig. 
UINTAH  INDIANS. 

See  also  Indian  lands. 

lands  restored  to  public  domain,  962. 
UMBER. 

See  also  Minerals. 

lands  valuable  for,  are  mineral,  20. 
UNDERGROUND  RIGHTS. 

See  also  Extralateral  rights.  Intersecting  veins,  Ore,  Ownership,  Trespass,  Tunnels. 

dip  and  downward  course  of  vein,  141. 

effect  of  patent  as  grant  of  subsurface,  412. 

no  basis  for  adverse  claim,  446. 

ownership  of  veins  at  point  of  intersection,  132. 

right  of  way  through  veins  at  point  of  intersection,  132. 

tunnel  rights,  167. 

vein  discovered  in  tunnel,  167. 
UNINCORPORATED  SOCIETIES. 

See  Association. 
UNION  OF  VEINS. 

See  Intersecting  veins. 
UNION  PACIFIC  RAILROAD  CO. 

See  also  Railroad  grants. 

coal  and  iron  lands  not  excluded  from  grant,  1110. 
mineral  lands  excluded  do  not  include  coal  and  iron  lands,  1110. 
from  grant,  1110. 


1762 


INDEX. 


UNION  PIONEER  MINING  &  TRADING  CO. 

authority  to  construct  bridge  in  Alaska,  862. 
UNITED  STATES. 

See  also  Mineral  lands,  Mining  locations,  Mining  statutes,  Patent,  Policy  of  Government,  Public  lands. 

disposal  of  its  mineral  lands,  11,  290. 

force  and  extent  of  patent  as  a  conveyance,  412. 

grant  of  mineral  lands  by  patent,  161. 

has  preference  right  to  piirchase  coal  mined  in  Alaska,  890. 

mining  locations  made  on  its  unappropriated  public  lands,  51. 

ownership  and  disposal  of  mineral  lands,  4. 

of  mineral  lands,  10. 
object  of  its  mining  statutes,  36. 
permits  mining  on  public  lands,  10. 

policy  as  to  mineral  lands,  2,  639,  787,  833,  1108,  1114  1247,  1297. 
to  encourage  mining,  10. 

price  to  be  paid  by,  for  coal  mined  in  Alaska,  891 

purpose  of  its  mining  statutes,  102. 

reissue  of  patent  to  correct  mistake,  421. 

system  of  mining  laws  of,  1. 

title  of,  not  affected  by  court  decision,  464. 
UNITED  STATES  COURTS. 

See  Federal  courts. 
UNKNOWN  LODES. 

See  also  Blind  veins,  Known  veins  or  lodes.  Placer  locations,  Tunnel  locations. 

not  included  in  placer  patent,  572. 
UTAH. 

building  stone  not  excepted  by  grant  to,  1295. 
determination  of  mineral  character  of  land,  1295. 
disposal  of  salines  within,  1212,  1294. 

effect  of  surveyor  general's  return  as  to  mineral  character  of  lands,  1295. 
enabling  act  excepts  all  minerals,  1295. 
failure  to  file  affidavit  of  annual  labor,  253. 
grant  of  lands  to,  1294. 

lands  known  to  be  mineral  at  date  of  admission  are  excluded,  1289. 

mineral  lands  not  included  in  grant  to,  1294. 

nonmineral  lands  only  included  in  grant  to,  1294. 

possession  of  mining  claim  under  statute  of,  125. 

residents  may  cut  timber  on  mining  land  for  certain  purposes,  1339. 

saline  lands  in,  not  subject  to  mining  locations,  1294. 

not  selectable  as  lieu  land,  1294. 
salines  not  subject  to  mining  locations  under  enabling  act,  1295. 

pai't  of  grant,  1294. 
statute  requiring  affidavit  as  to  performance  of  labor,  253. 
time  grant  takes  effect,  1295. 

what  constitutes  mineral  character  in  State  grant,  1295. 
UTE  INDIANS. 

See  also  Indian  lands. 

coal  lands  withdrawn  from  reservation,  822. 

V. 

VACANT  AND  UNOCCUPIED  LANDS. 
See  also  Lieu  lands. 

application  to  lands  not  appropriated,  1173. 

effect  of  proof  that  a  mining  claim  is  uninhabited,  1173. 

includes  land  not  occupied  and  not  appropriated  or  reserved,  1158. 

lands  occupied  by  cemetery  are  not  vacant,  1174. 

meaning  in  selection  of  lieu  lands,  1173. 

proof  as  to,  1174. 

of,  as  applied  to  mining  claim,  1173 
salines  not  enterable  as,  1202. 
uninhabited  not  equivalent  to,  1173. 
VALUABLE  MINERAL  DEPOSITS. 

See  also  Coal,  Deposits,  Iron,  Lands  valuable  for  minerals,  Mineral  deposits.  Mineral  character  of  land. 

Minerals,  Oil. 
coal  as,  690. 

determined  from  evidence,  689. 

effect  of  withdrawal  order  before  obtaining,  1389. 


INDEX. 


1763 


VALUABLE  MINERAL  DEPOSITS— Continued, 
iron,  690. 
lead,  690. 

meaning  as  applied  to  town-site  laws,  1368. 
means  lands  valuable  foi*  minerals,  5,  15,  292. 
petroleum,  690. 
tin,  690. 

what  constitutes,  689. 
VEINS. 

See  also  Apex,  Blanket  veins.  Blind  veins,  Definitions,  End  lines,  Extralateral  rights.  Mining  loca- 
tions, Ownership, 
adverse  proceedings  in  case  of  intersection,  592. 
apex,  102. 

and  rights  of  blanket  vein,  106. 
application  for  location  after  placer  patent,  566. 

of  mining  laws  to  vein,  127. 
belief  insufficient,  561. 
between  end  lines,  145. 

conclusiveness  of  placer  application  for  patent  as  to  known,  565. 
continuity  of,  152. 

criminal  liability  for  robbing,  in  Alaska,  909. 
definition,  32,  37,  107,  649. 
dip  and  downward  course,  141. 

meaning,  141. 
of  intersecting  veins,  588. 
discovery  in  tunnel,  174. 
effect  where  veins  intersect,  586. 
end  lines  of  all,  within  location,  148. 
evidences  of  existence  of,  108. 
existence  and  proof,  47. 

depends  upon  nature  of  country,  32. 

in  placer  a  question  of  fact,  565. 
extending  into  agricultiiral  land,  154. 

placer  claim,  154. 
extent  of  dip,  142. 
extralateral  rights  on,  133. 

failure  to  include  in  application  for  placer  patent,  564. 
granted  by  mining  laws,  104. 
in  connection  with  mill-site  locations,  593. 
identity  of,  152. 

intersection  and  ownership,  586. 

knowledge  of,  558,  562. 

known  outside  of  placer  limits,  560. 

veins  located  after  placer  patent,  567. 

reserved  from  placer  patent,  567. 
within  placer  claim,  558. 
location  after  discovery  in  tunnel,  169,  174,  175. 
lengthwise  of  vein,  138,  646. 
limited  to  single,  648. 
made  on,  693. 

marked  on  ground  as  knowledge  of,  562. 
on  apex,  105,  138. 
blanket  vein,  106. 
locator's  right  measured  by  length  of  apex,  106. 
lode  synonymous,  107. 
meaning  of,  as  used  in  tunnel  act,  166. 
dip,  141. 
when  within  placer  claim,  558. 
mill-site  location  with,  597. 
not  known  to  exist  in  placer,  565. 
ownership,  119, 127. 

at  point  of  intersection,  586. 
dependent  on  possession  of  apex,  129. 
extent  and  limitations,  128. 
of  ore  at  point  of  intersection,  132. 

vein  at  point  of  intersection,  132. 
presumption  of,  130. 


1764 


INDEX. 


VEINS— Continued. 

ownership  within  placer  limits,  523. 

town  site  in  Alaska,  1378. 
passing  tlirough  side  line,  142. 
possession  of,  102. 

in  tunnel,  169,  170. 
protected,  121. 
presumption  as  to,  560. 

continuation  in  same  direction,  131. 
course,  138. 
of  ownership  overcome  by  proof,  131. 
proof  of  existence,  32,  47, 108,  568. 
question  of  fact,  47. 
rock  in  place,  45. 

record  of  location  as  knowledge  of,  562. 
right  measured  by  length  of  apex,  106. 

of  tunnel  owner  on  discovery,  166,  174. 

way  through  point  of  intersection,  132,  591. 
to  follow  dip,  141. 

for  extralateral  rights,  141. 
on  strike,  142. 
space  of  intersection,  590. 
strike  of  intersecting  veins,  588. 
subject  of  location,  648. 
subsurface  as  basis  of  location,  107. 
surface  groimd  with,  693. 

in  connection  with  vein,  646. 
synonymous  with  lode  or  ledge,  44,  107. 
theory  insufficient,  561. 
want  of  continuity  and  identity,  153. 
what  constitutes,  40,  107,  560. 

does  not  constitute,  43. 
when  known  to  exist  within  placer  claim,  558. 
within  placer  limits,  556. 
VEINS  OR  LODES. 

See  also  Apex,  Blanket  vein.  Blind  vein.  Definitions,  Deposits,  Discovery,  Discovery  shaft,  End  lines, 

Extralateral  rights.  Intersecting  veins,  Mineral  lands,  Mining  locations,  Mining  rights.  Ore,  Outcrop. 

Ownership,  Phosphate,  Underground  rights.  Veins, 
apex  may  be  a  line  of  great  length,  54. 

not  a  point,  54. 
application  of  definition,  37. 

to  any  zone  or  belt  of  mineralized  rock,  41 
as  a  unit  and  indivisible  in  point  of  width,  129. 

liasis  of  location  must  not  be  conjectural,  63. 

principal  thing  located,  694. 
barren  in  continuity  and  without  contact,  108. 
blanket  vein  of  calcium  phosphate  as,  40. 

rock  phosphate  as,  40. 
branded  structure,  41. 
brecciated  vein,  153. 
broad  lode  uniting  in  single  vein,  153. 
broken  if  intervening  nonmineral  ground,  44. 
burden  of  proof  as  to  right  to  follow,  154. 
calcium  phosphate  as,  40. 
characteristics,  41. 

character  of,  determined  after  discovery,  74. 

in  placer  claim,  95. 
contact  as,  41. 

constructive  notice  of  existence,  183. 
construed  as  defined  by  miner,  43. 
continuity  destroyed,  153. 

not  destroyed  by  transverse  veins,  153. 

twisting  or  turning,  153. 

required,  40. 
controlling  characteristic,  38, 40. 
conveyance  by  patent  complete,  410. 
conveyed  by  patent,  410. 


INDEX. 


VEINS  OR  LODES -Continued. 

defined  within  purpose  and  policy  of  Con{,Tess,  43. 
definition,  37,  559. 

must  include  all  metals  mentioned,  37. 

necessary,  37. 
definitions  may  vary,  38. 
deposit  of  marble  is  not,  44. 

deposits  of  mineralized  quartzite  as  evidence  of  continuity,  43. 
description  of  claim  on  surveyed  lands,  504, 505. 

in  application  for  patent,  303. 
determination  between  lode  locators,  40. 

mineral  and  agricultural  claimants,  40. 

town-site  claimants,  40. 
placer  and  lode  claimants,  40. 
made  from  evidence  of  miners,  47. 
not  a  Federal  question,  48. 
determined  by  analysis,  47. 

assay,  47. 
from  working  level  in  a  mine,  108. 
discovery  gives  entire  width,  67. 
in  tunnel,  706. 
shaft  as  middle,  106. 
distinguished  from  the  ground  in  which  found,  128. 
distinguishing  feature  between  these  and  inclosing  formation,  38. 
effect  of  absence  of  boundaries,  44. 
presence  of  "horses,"  108. 
thinness  of,  of  matter  in  particular  places,  38. 
total  interruption  of  ore  matter,  38. 
where  ore  charmels  form  one  broad  lode,  153. 
width  exceeds  location,  67. 
elements  of  definition,  37. 

embraces  all  forms  of  deposit  in  mass  of  mountain,  41. 
cinnabar,  38. 

entire  vein  considered  as  apexing  in  senior  location,  156. 
existence  and  proof,  47. 

with  placer  deposit,  555, 
extent  and  application  of  definition,  42. 
evidences  of,  42. 

continuity,  43 
fissure  veins,  107. 

vein  continuous  body,  108. 
form  of  location  on  discovery  in  tunnel,  175. 
formation  of  sedimentary  origin,  43. 
geographical  formation  considered  in  determining,  47. 
grant  with  extralateral  rights,  648. 

identity  broken  where  mineral  is  distributed  throughout  entire  mass,  154. 

necessary  to  follow,  152. 
includes  well-defined  zone  of  belt  of  mineral-bearing  rock  in  place,  40. 
indivisible  in  point  of  width,  129. 
knowledge  of  existence,  183. 
lack  of  individuality,  108. 
latitude  in  determining  identity,  152. 
limestone  not  subject  to  location  as,  332. 
limitation  in  application  avoided,  38. 
location  in  accordance  with,  648. 

on  subsurface,  107, 
locator  not  limited  as  to  width  of  vein,  646. 
locator's  extralateral  rights,  129. 

right  to  follow  on  dip,  646. 
matters  relied  upon  as  evidence,  47. 
may  extend  through  loose  and  disjointed  rocks,  108, 
meaning  determined  by  sense  in  which  miners  use  them,  37. 
means  of  obtaining  knowledge  of  in  placer  claim,  560. 
middle  as  point  of  measurement,  106. 

of,  ascertained  by  development,  106. 
miners'  definition,  649. 
more  valuable  than  placer,  557. 


1766 


INDEX. 


VEINS  OR  LODES— Continued, 
must  be  continuous,  41. 

mineral  bearing,  40. 
carry  mineral  in  appreciable  quantities,  40. 
contain  gold,  silver,  or  other  valuable  mineral  deposits,  39. 
have  defined  boundaries,  39. 
not  acquired  bj^  placer  location,  556. 

alTected  by  thinness  of  matter  in  particular  places,  38. 
limited  by  definitions  of  scientific  writers,  38. 
scientific  definition,  43. 
open  to  exploration,  692. 
ore  disseminated  at  intervals  is  not,  43. 
owner's  right  to  follow  in  adjoining  claim,  159. 
ownership  and  possession,  120,  587. 

carry  underground  rights,  113. 
depends  on  location  of  apex,  130, 139. 

position  of  apex,  137,  139. 
in  tunnel  location,  165,  175. 
of  blanket  vein,  155. 
forked  vein,  130. 
in  excluded  ground,  129. 
intersecting  veins,  590. 
in  placer  location,  95. 
within  placer  limits,  556. 
the  same  above  and  below  surface,  128. 
where  apex  is  partly  in  two  locations,  155, 
within  placer  limits,  515. 
passes  with  patent  for  ground,  413. 
patent  for,  gives  right  to  follow  outside  of  side  lines,  413. 

includes  all  apexing  within  surface  lines,  128,  129. 
position  assiuned  through  extent  of  location,  167. 

disclosed  by  tunnel,  1G7. 
possession  of  surface  gives  right  to,  139. 
presence  of  clay  as  evidence  of  continuity,  43. 

mineral  sufficient  to  constitute,  42. 
ribbing  of  walls  as  evidence  of  continuity,  43. 
selvages  as  evidence  of  continuity,  43. 
slickensides  as  evidence  of  continuity,  43. 
striations  as  evidence  of  continuity,  43. 
presmnption  as  to  continuation,  599. 
priority  of  discovery  may  determine  ownership,  129. 
proof  as  to  continuity,  108. 

imity  of  several  parts,  108. 
insutficient,  48. 
of  existence,  42,  47. 

ownership  to  show  right  to  follow,  137. 
property  of  locator,  128. 

right  in  acquired  by  discovery,  66. 
question  as  to  character,  74. 
of  fact,  47. 

record  of  location  as  knowledge  of  existence,  183. 

refers  to  that  which  locators  expect  to  develop  in  a  mine,  40. 

reservation  as  to,  in  placer  patent,  524. 

right  by  which  locator  holds,  129. 

of  adjoining  claimant  to  disprove,  after  patent,  154. 
to  follow,  as  incident  to  location,  159. 

can  not  justify  trespass,  160. 
depends  on  identity,  152. 

ownership  of  apex,  137. 
into  agricultural  lands,  154. 

placer  claim,  154. 
not  dependent  on  patent,  159. 
rock  and  mineral  as  essential,  37. 
in  place,  45. 
phosphate  as,  40. 
selvages  in  fissures,  41. 
scientific  definitions  not  applied  to,  649,  693. 


INDEX. 


1767 


VEINS  OR  LODES— Continued. 

segregation  in  its  length  but  not  in  width,  G4(). 
senior  location  on  dip  prevails  over  junior  on  apex,  156. 
separate  and  distinct  bodies  of  ore,  108. 
silver,  41. 

single  vein  as  basis  of  location,  54, 106. 

size  or  prominence  not  fixed,  54. 

slickensides  in  fissures,  41. 

statutory  requirement,  42. 

sufficiency  of  ore  bodies  to  constitute,  153. 

subsurface  and  extralateral  rights,  107. 

sixrface  ground  as  incident  to,  51,  305. 

location  depends  on  course  of,  107. 
surrounding  mass  of  coimtry  rock  determines,  41. 
synonomous  with  vein  or  lode  claim,  555. 
tabular  form,  41. 

test  in  contest  over  ownership,  129. 
title  held  in  trust  by  Government  for  locator,  128. 
to  horizontal  vein,  57. 

acquired  under  statute,  57. 
topography  of  mountain  considered  in  determining,  47. 
undeveloped  can  not  be  surveyed,  108. 
used  in  sense  employed  by  miners,  686. 
valuable  things  sought,  648. 
vugs  of  ore  in  detached  cavities  are  not,  44. 
what  constitutes,  40,  559. 

a  lode,  44. 
fissure  vein,  107, 108. 
does  not  constitute,  43. 
when  statutory  requirement  is  satisfied,  43. 
working  may  conform  to  "horses,"  108. 
VENTILATION. 

See  Coal  mines. 
VERIFICATION. 

See  also  affidavit.  Agent,  Corporation,  Oath, 
adverse  claim,  717. 

by  agent,  376,  503. 
verified  outside  of  land  district,  584. 
agent's  want  of  authority,  717. 
amendment  of,  585. 
as  to  notice  of  location,  197,  207. 
before  officer  in  land  district,  717. 
by  agent,  376,  503. 
applicant,  583. 
coal-land  claimant,  780. 
officer  of  corporation,  583. 
coal  claimant  must  make,  in  person,  780. 
mandatory  provisions,  582. 
of  application  to  pvurchase  stone  lands,  1318. 
place  of,  583. 
VESTED  RIGHTS. 

See  also  Coal,  Coal  lands,  Entry,  Lieu  lands.  Mining  locations.  Patent,  Payment,  Price,  Subsequent 

discovery  of  mineral,  Title,  Water  rights, 
acquired  to  lieu  lands  on  compliance  with  requirements,  1176. 
agricultural  or  nonmineral  entries  protected,  820. 
aliens  have  none  to  be  protected,  629. 
application  as  to  saline  location  in  Nebraska,  1273. 
for  purchase  of  coal  lands,  824. 
of  section  2340  to  existing  rights,  622. 

subsequent  rights,  622. 

as  against  Government,  623. 
conditions  on  which  rights  vest,  1175. 
destruction  of  vested  water  rights,  623. 
equivalent  to  patent,  415. 
in  lieu  lands  protected,  1175. 
mining  location,  93. 


1768 


INDEX. 


VESTED  RIGHTS— Continued, 
in  water,  615,  616. 

protected,  615,  676. 

against  homesteader,  616. 
lands  containing  are  valuable  for  placer  claims,  519. 
locator  not  divested  of,  189. 
locator's  in  mining  location,  189. 
meaning  as  to  use  of  water,  676. 
mineral  claimants  protected,  797. 

not  acquired  to  lieu  lands  as  against  one  possession,  1176. 
affected  by  failure  to  issue  patent,  189. 

subsequent  discovery  of  mineral,  1176. 
defeated  by  new  requirements,  103. 
patent  burdened  by  easements,  622. 
procured  by  is  voidable,  1135. 
subject  to  water  rights,  622. 
payment  of  price  creates,  396. 
protected,  615,  616,  676,  686. 
selector's  in  lieu  selection,  1175. 
time  of  acquiring,  616. 
title  subject  to  water  rights,  426. 
to  mining  location  complete,  94. 

patent,  408,  1227. 
water  rights  confirmed,  658. 

protected,  658. 
when  accrued,  189. 
VUGS. 

of  ore  in  detached  cavities  are  not  vein  or  lode,  44. 

W. 

WAGON  ROADS. 

See  also  Annuallabor,  Group  claims.  Improvements,  Roads. 

mineral  lands  excepted  from  grant  for  in  Oregon,  1276. 

minerals  excepted  from  in  Oregon,  1279. 
WAIVER. 

See  also  Actions  on  adverse  claims.  Adverse  claims.  Known  lodes.  Placer  locations, 
adverse  claim  waived  by  dismissal  of  suit,  720. 

failure  to  sue,  472. 
applicant  for  patent  may  waive  right  to  conflict  ground,  720. 
by  adverse  claimant,  374. 
effect  of,  on  judgment  on  adverse  suit,  469. 
executed  by  president  of  corporation,  438. 
failure  to  assert  prior  rights  is,  184. 

begin  suit  on  adverse  claim,  383. 
known  lodes  or  veins  within  placer,  564. 
of  adverse  claim  filed  in  office  of  register,  380. 

objections  to  jurisdiction  of  court,  268. 
priority  of  right  waived  by  failing  to  adverse,  381. 
questions  to  be  determined  by  court,  468. 
rights  not  waived  by  acceptance  of  patent  for  part,  406. 
WASHINGTON. 

effect  where  school  lands  are  mineral,  1289. 
grant  of  school  lands,  1289. 
lieu  lands  granted  in  place  of  mineral  lands,  1288. 
mineral  lands  excepted  from  State  grant,  1288. 

reserved  from  grant  to,  1257. 

school  grants,  1257. 
minerals  or  stone  in  school  section  not  subject  to  location,  1290. 
selection  of  lieu  lands  after  school  selections,  1289. 

for  school  purposes,  1288. 
time  grant  of  school  lands  takes  effect,  1289. 
WATER. 

See  also  Appropriation  of  water.  Mining  purposes.  Riparian  rights.  Water  rights, 
appropriation  for  mining  purposes,  611, 615. 
beneficial  use  of,  619. 
limitation  on  use,  659. 
right  of  appropriation,  611. 


INDEX. 


1769 


W  A  T  E  R— Continued . 

right  to  appro iiriate  flowing  through  Sutro  tunnel,  1387. 
use  determined  by  local  laws  and  customs,  659. 
for  mining  purposes,  619. 

not  enjoined,  611. 

of  protected,  676. 
WATER  PLANTS. 
See  also  Alaska. 

rights  of  way  for  in  Alaska,  902,  1192. 
WATER  RIGHTS. 

See  also  Appropriation  of  water.  Canals,  Common  law,  Ditches,  Flumes,  Miners' rules  and  regulations. 

Mining  purposes,  Riparian  rights,  Streams,  Water, 
abandonment,  620. 

absence  of  grant  from  Government,  617. 
accruing  under  local  law  protected,  623. 
acquired  by  prescription,  622. 

prior  appropriation  confirmed,  614. 
under  local  custom  not  enlarged  by  statute,  657. 
customs  and  local  laws  protected,  615. 
miners'  customs,  617. 

protected,  658. 
State  law  confirmed  and  protected,  658. 
acquisition  as  against  Government,  623. 
adverse  claims  as  to,  621. 
application  of  section  2339, 609. 
appropriation  of  surface  water  for  mining,  946, 947. 
water  in  tunnel,  1386. 
for  mining  purposes,  611. 
under  local  customs  protected,  619. 
miners'  customs,  617. 
appropriator  as  licensee,  622. 
authority  to  increase,  615. 

appropriation,  619. 

basis  of,  611. 

beneficial  use,  619. 

change  in  dam  not  permitted,  616. 

not  permitted,  616. 
common-law  rule  as  to  uses  enlarge,  617. 
confirmed  by  mining  statutes,  612. 
conflict  in  determined  by  court,  621. 
'   construction  of  section  2339,  609. 

statute  as  to,  609,  657. 
conveyed  by  patent  for  mining  claim,  667. 
corporation  authorized  to  appropriate  in  Alaska,  883. 
customs  regulating,  617. 

defeated  by  patent  prior  to  enactment  of  mining  statutes,  659. 

depend  on  priority  of  possession,  614. 

destroyed  by  digging  well,  623. 

destruction  of  vested  rights,  623. 

determination  of,  not  Federal  question,  621. 

determined  by  priority  of  appropriation,  614,  658. 

diligence  in  making  location  essential  to  protect,  620. 

doctrine  of  riparian  o^VIlership  ,660. 

do  not  include  easement  to  deposit  mining  debris,  616. 

easement  not  enlarged  as  against  placer  claimant,  525. 

easements  for,  protected,  612. 

granted  for,  612. 
elements  of  appropriation,  612. 
excepted  from  agricultural  patent,  722. 

patent,  722. 
excepting  clause  in  patents,  660. 
exercise  within  reasonable  limits,  610. 
extent  of  protection,  612,  616. 
forfeiture  of,  620. 

for  mining  purposes,  protected,  613. 
founded  in  grant  from  Government,  614. 
56974° — Bull.  04,  pt  2 — 15  GO 


1770 


INDEX. 


WATER  RIGHTS— Continued. 

governed  by  local  laws  and  custom,  615. 
grant  of,  610. 

by  mining  statutes,  657. 
homestead  patent  subject  to,  676. 

rights  subject  to,  676. 
increase  of  appropriation,  615,  616. 
in  tmmel,  1386. 

jurisdiction  of  Federal  courts  over,  621. 
laws  governing,  extended  to  Alaska,  872. 
liability  for  injuries  to  settlers,  661. 

injury  to,  661. 
limitation  as  to  use,  619. 
on  use,  659. 

limited  to  controversies  between  locators,  676. 
local  customs  of  miners,  617. 

laws  regulating,  617. 
loss  of,  by  failure  to  use,  620. 
maintaining  dam,  616. 
meaning  and  what  constitutes,  657. 
meaning  as  to,  vested,  676. 

method  of  acquiring,  as  against  Government,  623. 
miners'  rules  as  to,  in  Alaska,  901. 
mining  claims  subject  to,  676. 

purposes  in  Black  Hills  Reservation,  1187. 
nature  of,  616. 

none  as  against  Government,  623. 

obtained  by  prescription  as  against  the  Government,  660, 
not  acquired  under  application  for  placer  claim,  621. 

subject  to  patent,  621, 
object  of  statute  in  granting,  656, 
patent  must  except,  660. 

subject  to,  676. 
percolating  waters  not  included,  611. 
placer  location  subject  to,  676. 
policy  as  to  use  of  water,  656, 
power  of  legislature  to  authorize  use  of  water,  947. 
preemption  rights  subject  to,  676. 
presumption  as  to  appropriation  of  water,  612. 
priority  for  beneficial  use,  614. 

of  appropriation  determines,  614,  658. 
proof  of  abandonment,  620. 

custom  to  protect,  618. 
forfeiture,  620. 
to  insure  protection,  617. 
protected  but  not  patented,  621. 
by  courts,  614,  615. 
injunction,  611. 
mining  statute^,  615,  657,  659. 
protection  as  against  homestead  claimant,  616. 

limited  to  those  on  public  lands,  660. 
to  those  recognized  by  local  customs,  617. 
purchaser  of  mine  takes,  subject  to,  616. 
purpose  of  section  2339, 609. 

statute,  656. 
recognized  and  protected,  658. 

but  not  created,  610. 
reservations  in  patent,  660. 

right  of  placer  claimant  to,  without  diminution,  615. 
way  for  canal,  612,  659. 

ditch,  610,  612,  659. 
to  appropriate  water,  extent  of,  610. 
rights  limited  by  use,  619. 
protected,  676. 

subsequently  acquired,  protected,  659. 
riparian  owners,  660. 
rights,  619, 


INDEX. 


1771 


WATER  UIOHTS— Continued. 
Stiite  liiws  iilTcct  ing,  61 7. 

statute  docs  not  ai)pl3'  to  percolating  waters,  611. 

of  limitations,  660. 
tail  race  protected,  619. 
time  of  acquiring,  616. 
title  by  prescription,  660. 

obtixined  by  priority  of  possession,  615. 
use  by  persons  not  bordering  upon  streams,  947. 

of  water  in  streams  for  mining,  546. 

subject  to  diminution,  619. 
uses  contemplated,  619. 
vested,  623. 

vested  rights  protected,  610,  658,  676. 
confirmed,  658. 

water  appropriated  limited  to  surplus,  947. 
rights  laws  in  force  in  Alaska,  618. 

what  constitutes  appropriation  of  water,  612. 

when  appropriation  under  miners'  rules  protected  by  statute,  617. 
WATERSHED  GRANT. 

miuerals  excepted,  1304,  1305. 
WATCHMAN. 

See  also  Annual  labor. 

value  of  services  as  annual  labor,  242. 
WIDOW. 

See  also  Dower,  Women. 

duty  to  file  adverse  claim,  374. 
WISCONSIN. 

application  of  mineral  laws,  630. 

distinction  between  mineral  and  public  lands  abrogated,  1086. 
grant  of  salines,  1256. 

salt  springs,  1256. 

limited  to  twelve,  1256. 
to,  for  forestry,  1300. 
railroads,  1111. 
land  district  in,  1084. 

lands  containing  coal  and  iron  subject  to  sale,  1093. 
mineral  lands  excepted  from,  1093. 
purchase  of  coal  lands,  1093. 

iron  lands,  1093. 
price  of  mineral  lands  in,  reduced,  1086. 
railroad  grant  to,  1111. 
sale  of  mineral  lands  in,  1084,  1085. 
salines  granted  to,  1264. 

salt  springs  excluded  from  grant  where  private  rights  are  vested,  1256. 
granted  to,  1264. 
WITHDRAWALS. 

See  also  Classification,  Coal  lands.  Mining  locations,  Oil  lands.  Phosphate  lands,  President,  Proclama- 
tion, Vested  rights, 
agricultural  entries  on  coal  lands  before,  823. 
amendment  to  withdrawal  act,  1393. 

application  to  enter  coal  lands  after  and  before  classification,  819. 

arid  lands  withdrawTi,  1389. 

authority  of  President  under,  1391,  1392. 

Black  Hills  Reservation,  956. 

classification  of  coal  lands,  1392. 

withdrawn,  1392. 
oil  lands,  1392. 
phosphate  lands,  1392. 
coal  lands,  815,  818,  819. 

as  a  report  of  coal  value,  815. 
for  classification,  818. 
in  Alaska,  878. 

South  Dakota,  819. 
selected  after,  819. 

withdrawn  not  subject  to  soldiers'  right,  820. 
construed  with  other  acts  as  to  classification  of  coal  lands,  1392. 


1772 


INDEX. 


WIT  H  D  R  AW  AL  S— Continued. 

determination  as  to  agricultural  lands,  1389. 

disposal  of  coal,  oil,  and  phosphate  lands  withdrawn,  1392. 

eflfect  of  rights  of  noncoal  applicant,  818. 

withdrawal  as  against  mining  claims,  1389. 
on  other  grants,  741. 
soldiers'  claims,  815. 
vested  right  to  mining  location,  1390. 
existing  entries  excepted,  1391. 
for  classification,  815,  1392. 

homestead  entry  on  coal  lands  before  notice  of,  819. 

Indian  lands  after,  subject  to  soldiers'  additional  rights,  962. 

lands  within  Mexican  grant,  1092. 

withdrawn  not  disposed  of  as  coal  lands,  1390. 

subject  to  indemnity  selection,  1393. 

modification  to  eliminate  nonoil  land,  1393. 

noncoal  lands  included  in,  818. 

nonmineral  entry  protected,  820. 

lands  restored  to  public  domain,  1393. 

withdrawn  restored  to  public  domain,  1393. 

petroleum  reserve  No.  2,  819. 

President  authorized  to  withdraw,  1390. 

public  lands  withdrawn  from  private  entry,  1388. 

purpose  of  act  authorizing  withdrawal,  1391. 

relinquishment  of  homestead  entry,  1388. 

rights  of  coal  entryman  on,  815. 

noncoal  entryman  on,  815. 

soldiers'  rights,  820. 

subsequent  selections,  819. 

surface  entry  on  lands  withdrawn,  1393. 
permitted  after,  820. 

validity  of  nonmineral  entry  before,  820. 
WOMEN. 

See  also  Dower,  Widow. 

authorized  to  make  mining  locations,  27. 
WOHKING  MINES. 

See  also  Easements,  Kjiown  mines,  Mine  inspection.  State  regulations. 

mining  easements,  608. 

purpose  of  section  2338,  608. 

State  laws  for,  608. 
WYOMING. 

authority  of  Land  Department  to  dispose  of  coal  lands  in,  726. 
coal  lands  included  in  school  grant  to,  1278. 

sections,  1278. 
disposal  of  coal  in  reservations  in,  1178. 

minerals  in  reservations  in,  1178. 
Land  Department's  authority  to  dispose  of  coal  lands  in,  726. 
lieu  lands  selectable  for  mineral  lands  relmquished,  1293. 
mineral  lands  excepted  from  grant  to,  1293. 
pipe  lines  over  public  lands,  1068. 
relinquishment  by,  of  mineral  lands  excepted,  1293. 

of  lands  granted,  1300. 
residents  may  cut  timber  on  mining  land  for  certain  purposes,  1339. 
town  site  of  Buffalo  in,  1382. 

Z. 

ZINC. 

See  also  Minerals. 

location  of  lands  valuable  for,  520. 

O 


